Appropriations FY 2018

H. R. 1625

One Hundred Fifteenth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen

An Act
To amend the State Department Basic Authorities Act of 1956 to include severe
forms of trafficking in persons within the definition of transnational organized
crime for purposes of the rewards program of the Department of State, and
for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Consolidated Appropriations
Act, 2018’’.
SEC. 2. TABLE OF CONTENTS.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1.
2.
3.
4.
5.
6.
7.

Short title.
Table of contents.
References.
Explanatory statement.
Statement of appropriations.
Availability of funds.
Adjustments to compensation.

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
Title I—Agricultural Programs
Title II—Farm Production and Conservation Programs
Title III—Rural Development Programs
Title IV—Domestic Food Programs
Title V—Foreign Assistance and Related Programs
Title VI—Related Agencies and Food and Drug Administration
Title VII—General Provisions
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2018
Title I—Department of Commerce
Title II—Department of Justice
Title III—Science
Title IV—Related Agencies
Title V—General Provisions
DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2018
Title I—Military Personnel
Title II—Operation and Maintenance
Title III—Procurement
Title IV—Research, Development, Test and Evaluation
Title V—Revolving and Management Funds
Title VI—Other Department of Defense Programs
Title VII—Related Agencies
Title VIII—General Provisions
Title IX—Overseas Contingency Operations
DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
Title I—Corps of Engineers—Civil

H. R. 1625—2
Title
Title
Title
Title

II—Department of the Interior
III—Department of Energy
IV—Independent Agencies
V—General Provisions

Title
Title
Title
Title
Title
Title
Title
Title

DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2018
I—Department of the Treasury
II—Executive Office of the President and Funds Appropriated to the President
III—The Judiciary
IV—District of Columbia
V—Independent Agencies
VI—General Provisions—This Act
VII—General Provisions—Government-wide
VIII—General Provisions—District of Columbia

DIVISION F—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS
ACT, 2018
Title I—Departmental Management, Operations, Intelligence, and Oversight
Title II—Security, Enforcement, and Investigations
Title III—Protection, Preparedness, Response, and Recovery
Title IV—Research, Development, Training, and Services
Title V—General Provisions
DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2018
Title I—Department of the Interior
Title II—Environmental Protection Agency
Title III—Related Agencies
Title IV—General Provisions
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
Title I—Department of Labor
Title II—Department of Health and Human Services
Title III—Department of Education
Title IV—Related Agencies
Title V—General Provisions
DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2018
Title I—Legislative Branch
Title II—General Provisions
DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2018
Title I—Department of Defense
Title II—Department of Veterans Affairs
Title III—Related Agencies
Title IV—Overseas Contingency Operations
Title V—General Provisions
DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS APPROPRIATIONS ACT, 2018
Title I—Department of State and Related Agency
Title II—United States Agency for International Development
Title III—Bilateral Economic Assistance
Title IV—International Security Assistance
Title V—Multilateral Assistance
Title VI—Export and Investment Assistance
Title VII—General Provisions
Title VIII—Overseas Contingency Operations/Global War on Terrorism
DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
Title I—Department of Transportation
Title II—Department of Housing and Urban Development
Title III—Related Agencies
Title IV—General Provisions—This Act

H. R. 1625—3
Title
Title
Title
Title
Title
Title
Title

DIVISION M—EXTENSIONS
I—Airport and Airway Extension
II—Immigration Extensions
III—National Flood Insurance Program Extension
IV—Pesticide Registration Improvement Act Extension
V—Generalized System of Preferences
VI—Judicial Redaction Authority Extension
VII—Budgetary Effects
DIVISION N—BUILD ACT
DIVISION O—WILDFIRE SUPPRESSION FUNDING AND FOREST
MANAGEMENT ACTIVITIES ACT
DIVISION P—RAY BAUM’S ACT OF 2018
DIVISION Q—KEVIN AND AVONTE’S LAW
DIVISION R—TARGET ACT

Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title
Title

DIVISION S—OTHER MATTER
I—Child Protection Improvements Act
II—Save America’s Pastime Act
III—Keep Young Athletes Safe Act
IV—Consent of Congress to Amendments to the Constitution of the State of
Arizona
V—Stop School Violence Act
VI—Fix NICS Act
VII—State Sexual Risk Avoidance Education Program
VIII—Small Business Credit Availability Act
IX—Small Business Access to Capital After a Natural Disaster Act
X—Taylor Force Act
XI—FARM Act
XII—Tipped Employees
XIII—Revisions to Pass-Through Period and Payment Rules
DIVISION T—REVENUE PROVISIONS
DIVISION U—TAX TECHNICAL CORRECTIONS
DIVISION V—CLOUD ACT

SEC. 3. REFERENCES.

Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.

The explanatory statement regarding this Act, printed in the
House section of the Congressional Record on or about March 22,
2018, and submitted by the Chairman of the Committee on Appropriations of the House, shall have the same effect with respect
to the allocation of funds and implementation of divisions A through
L of this Act as if it were a joint explanatory statement of a
committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.

The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2018.
SEC. 6. AVAILABILITY OF FUNDS.

Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant
to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 shall be available (or rescinded, if
applicable) only if the President subsequently so designates all
such amounts and transmits such designations to the Congress.

H. R. 1625—4
SEC. 7. ADJUSTMENTS TO COMPENSATION.

(a) Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments
for Members of Congress) during fiscal year 2018.
(b) There is appropriated for payment to Emily Robin Minerva,
heir of Louise McIntosh Slaughter, late a Representative from the
State of New York, $174,000.
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT,
FOOD AND DRUG ADMINISTRATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
AGRICULTURAL PROGRAMS
PROCESSING, RESEARCH
OFFICE

OF THE

AND

MARKETING

SECRETARY

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of the Secretary,
$46,532,000, of which not to exceed $5,051,000 shall be available
for the immediate Office of the Secretary; not to exceed $800,000
shall be available for the Office of 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 fund up to one administrative support staff for the Office; not to exceed $1,496,000 shall
be available for the Office of Homeland Security; not to exceed
$4,711,000 shall be available for the Office of Partnerships and
Public Engagement; not to exceed $23,105,000 shall be available
for the Office of the Assistant Secretary for Administration, of
which $22,301,000 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: Provided further,
That funds made available by this Act to an agency in the Administration mission area for salaries and expenses are available to
fund up to one administrative support staff for the Office; not
to exceed $3,869,000 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
$7,500,000 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

H. R. 1625—5
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
OFFICE OF THE CHIEF ECONOMIST

For necessary expenses of the Office of the Chief Economist,
$19,786,000, 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,
$15,222,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and Program
Analysis, $9,525,000.
OFFICE

OF THE

CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information
Officer, $58,950,000, of which not less than $33,000,000 is for
cybersecurity requirements of the department.
OFFICE

OF THE

CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
OFFICE

OF THE

ASSISTANT SECRETARY

FOR

CIVIL RIGHTS

For necessary expenses of the Office of the Assistant Secretary
for Civil Rights, $901,000: Provided, That funds made available
by this Act to an agency in the Civil Rights mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
OFFICE
For necessary
$24,206,000.

OF

expenses

CIVIL RIGHTS
of

the

Office

of

Civil

Rights,

H. R. 1625—6
AGRICULTURE BUILDINGS

AND

FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to
Public Law 92–313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General Services
to the Department of Agriculture under 40 U.S.C. 121, for programs
and activities of the Department which are included in this Act,
and for alterations and other actions needed for the Department
and its agencies to consolidate unneeded space into configurations
suitable for release to the Administrator of General Services, and
for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $64,414,000,
to remain available until expended.
HAZARDOUS MATERIALS MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)

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.
OFFICE

OF INSPECTOR

GENERAL

For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95–452; 5 U.S.C. App.), $98,208,000, 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).
OFFICE

OF THE

GENERAL COUNSEL

For necessary expenses of the Office of the General Counsel,
$44,546,000.
OFFICE

OF

ETHICS

For necessary expenses of the Office of Ethics, $4,136,000.
OFFICE

OF THE

UNDER SECRETARY FOR RESEARCH, EDUCATION,
ECONOMICS

AND

For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $800,000: Provided, That

H. R. 1625—7
funds made available by this Act to an agency in the Research,
Education, and Economics mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office.
ECONOMIC RESEARCH SERVICE
For necessary expenses of the Economic Research Service,
$86,757,000.
NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the National Agricultural Statistics
Service, $191,717,000, 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).
AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES

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, $1,202,766,000: 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 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 further, That appropriations hereunder

H. R. 1625—8
shall be available for granting easements at any Agricultural
Research Service location for the construction of a research facility
by a 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.
BUILDINGS AND FACILITIES

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,
$140,600,000 to remain available until expended.
NATIONAL INSTITUTE

OF

FOOD

AND

AGRICULTURE

RESEARCH AND EDUCATION ACTIVITIES

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other
expenses, $887,171,000, 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
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funds
for research grants for 1994 institutions, education grants for 1890
institutions, capacity building for non-land-grant colleges of agriculture, 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 Hawaiianserving 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
authority.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

For the Native American Institutions Endowment Fund authorized by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to
remain available until expended.

H. R. 1625—9
EXTENSION ACTIVITIES

For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $483,626,000, 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 explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated 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 208(c) of Public Law 93–471 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,
$37,000,000, 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 explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated 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 Crop
Protection/Pest Management Program (7 U.S.C. 7626).
OFFICE

OF THE

UNDER SECRETARY FOR MARKETING
REGULATORY PROGRAMS

AND

For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $901,000: Provided, That
funds made available by this Act to an agency in the Marketing
and Regulatory Programs mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office.
ANIMAL

AND

PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

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), $981,893,000, of which $470,000, 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

H. R. 1625—10
for cost share purposes or for debt retirement for active eradication
zones; of which $37,857,000, to remain available until expended,
shall be for Animal Health Technical Services; of which $705,000
shall be for activities under the authority of the Horse Protection
Act of 1970, as amended (15 U.S.C. 1831); of which $62,840,000,
to remain available until expended, shall be used to support avian
health; of which $4,251,000, to remain available until expended,
shall be for information technology infrastructure; of which
$178,170,000, to remain available until expended, shall be for specialty crop pests; of which, $9,326,000, to remain available until
expended, shall be for field crop and rangeland ecosystem pests;
of which $16,523,000, to remain available until expended, shall
be for zoonotic disease management; of which $40,966,000, to
remain available until expended, shall be for emergency preparedness and response; of which $56,000,000, 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; of which $3,000,000, to remain available
until expended, shall be for National Bio and Agro-Defense human
capital development: 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

H. R. 1625—11
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 services.
BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 428a,
$3,175,000, to remain available until expended.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES

For necessary expenses of the Agricultural Marketing Service,
$151,595,000, of which $3,000,000 shall be available for the purposes of section 12306 of Public Law 113–79: 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 law (31 U.S.C. 9701).
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)
(INCLUDING TRANSFERS OF FUNDS)

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).

H. R. 1625—12
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)), $1,235,000.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

Not to exceed $55,000,000 (from fees collected) shall be 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 necessary expenses of the Office of the Under Secretary
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 fund up to one administrative
support staff for the Office.
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),
$1,056,844,000; 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
not later than 180 days after the date of enactment of this Act,
the Food Safety and Inspection Service shall issue equivalence
determinations for all countries wishing to continue exporting
Siluriformes to the United States: Provided further, That unless
the requirements pursuant to the previous proviso have been met,
thereafter, none of the funds made available by this or any other
Act may be used to inspect, at point of entry, Siluriformes from
countries exporting to the United States until all requirements
under section 557.2 of title 9, Code of Federal Regulations have
been met and a final determination of equivalence final rule has
been published in the Federal Register adding such countries to
the list under section 327.2 of title 9, Code of Federal Regulations:
Provided further, That of the funds made available under this
heading, $7,500,000 shall remain available until expended for public
health veterinarian recruitment and retention incentives: Provided
further, That this appropriation shall be available pursuant to
law (7 U.S.C. 2250) for the alteration and repair of buildings and

H. R. 1625—13
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.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
OFFICE

OF THE

UNDER SECRETARY FOR FARM PRODUCTION
CONSERVATION

AND

For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $901,000: Provided, That
funds made available by this Act to an agency in the Farm Production and Conservation mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
FARM PRODUCTION

AND

CONSERVATION BUSINESS CENTER

For necessary expenses of the Farm Production and Conservation Business Center, $1,028,000, to remain available until
expended: Provided, That $145,000 of amounts appropriated for
the current fiscal year pursuant to section 1241(a) of the Farm
Security and Rural Investment Act of 1985 (16 U.S.C. 3841(a))
shall be transferred to and merged with this account.
FARM SERVICE AGENCY
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Farm Service Agency,
$1,202,146,000: 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 and approved by the Committees on Appropriations of both Houses of Congress: 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

H. R. 1625—14
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), $3,904,000.
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), $6,500,000, to remain available until
expended.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)

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
(INCLUDING TRANSFERS OF FUNDS)

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

H. R. 1625—15
Credit Insurance Fund, as follows: $2,750,000,000 for guaranteed
farm ownership loans and $1,500,000,000 for farm ownership direct
loans; $1,960,000,000 for unsubsidized guaranteed operating loans
and $1,530,000,000 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, $61,812,000 for direct operating loans, $21,756,000 for unsubsidized guaranteed operating loans, emergency loans, $1,260,000
and $2,272,000 for Indian highly fractionated land loans to remain
available until expended.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $325,068,000: Provided, That of this amount, $314,998,000 shall be transferred to
and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’, of which $8,000,000 shall be available until
September 30, 2019.
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
SALARIES AND EXPENSES

For necessary expenses of the Risk Management Agency,
$74,829,000: 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; dissemination 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, $874,107,000,

H. R. 1625—16
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: Provided
further, That of the amounts made available under this heading,
$5,600,000, shall remain available until expended for the authorities
under 16 U.S.C. 1001–1005 and 1007–1009 for authorized ongoing
watershed projects with a primary purpose of providing water to
rural communities.
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,
$150,000,000, to remain available until expended: Provided, That
for funds provided by this Act or any other prior Act, the limitation
regarding the size of the watershed or subwatershed exceeding
two hundred and fifty thousand acres in which such activities
can be undertaken shall only apply for activities undertaken for
the primary purpose of flood prevention (including structural and
land treatment measures): Provided further, That of the amounts
made available under this heading, $50,000,000 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.
CORPORATIONS
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

H. R. 1625—17
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
(INCLUDING TRANSFERS OF FUNDS)

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 business.
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).
TITLE III
RURAL DEVELOPMENT PROGRAMS
RURAL DEVELOPMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)

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;
$230,835,000: 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: Provided further, That in addition to any other
funds appropriated for purposes authorized by section 502(i) of

H. R. 1625—18
the Housing Act of 1949 (42 U.S.C. 1472(i)), any amounts collected
under such section, as amended by this Act, will immediately be
credited to this account and will remain available until expended
for such purposes.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct 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: $1,100,000,000 shall be for direct loans and
$24,000,000,000 shall be for unsubsidized guaranteed loans;
$28,000,000 for section 504 housing repair loans; $40,000,000 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 selfhelp 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, $42,350,000
shall be for direct loans; section 504 housing repair loans,
$3,452,000; 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,
$10,524,000: 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

H. R. 1625—19
entities and public housing authorities to earn a Return on Investment 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’’ 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), $14,710,000, 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.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000 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.

H. R. 1625—20
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, $47,000,000, to remain available until expended: Provided,
That of the funds made available under this heading, $25,000,000,
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 revitalization of multi-family rental housing properties
described in this paragraph: Provided further, That of the funds
made available under this heading, $22,000,000 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 multifamily 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.

H. R. 1625—21
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), $30,000,000, to remain
available until expended.
RURAL HOUSING ASSISTANCE GRANTS

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, $40,000,000, to remain available
until expended.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $2,800,000,000 for direct loans and $148,287,000 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 available until expended.
For the cost of grants for rural community facilities programs
as authorized by section 306 and described in section 381E(d)(1)
of the Consolidated Farm and Rural Development Act, $43,778,000,
to remain available until expended: Provided, That $4,000,000 of
the amount appropriated under this heading shall be available
for a Rural Community Development Initiative: Provided further,
That such funds shall be used solely to develop the capacity and
ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, and
Federally Recognized Native American Tribes to undertake projects
to improve housing, community facilities, community and economic
development projects in rural areas: Provided further, That such
funds shall be made available to qualified private, nonprofit and
public intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further, That such
intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That $5,778,000
of the amount appropriated under this heading shall be to provide
grants for facilities in rural communities with extreme unemployment and severe economic depression (Public Law 106–387), with
up to 5 percent for administration and capacity building in the
State rural development offices: Provided further, That $4,000,000
of the amount appropriated under this heading shall be available
for community facilities grants to tribal colleges, as authorized
by section 306(a)(19) of such Act: 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.

H. R. 1625—22
RURAL BUSINESS—COOPERATIVE SERVICE
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

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, $77,342,000,
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 $6,000,000 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 qualified national organization
to provide technical assistance for rural transportation in order
to promote 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
(INCLUDING TRANSFER OF FUNDS)

For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $4,361,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
of which $557,000 shall be available through June 30, 2018, for
Federally Recognized Native American Tribes; and of which
$1,072,000 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 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 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,
$45,000,000.

H. R. 1625—23
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.
RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $27,550,000, of which $2,750,000 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 $16,000,000, 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),
of which $1,000,000 shall be for Agriculture Innovation Centers
authorized pursuant to section 6402 of Public Law 107–171.
RURAL ENERGY FOR AMERICA PROGRAM

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),
$293,000: 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 1974.
RURAL UTILITIES SERVICE
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

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, $560,263,000, 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 not to exceed $15,000,000 of the amount appropriated under
this heading shall be for grants authorized by section 306A(i)(2)
of the Consolidated Farm and Rural Development Act in addition
to funding authorized by section 306A(i)(1) of such Act and such
grants may not exceed $1,000,000 notwithstanding section
306A(f)(1) of such Act: Provided further, That $68,000,000 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

H. R. 1625—24
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
$40,000,000 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 $8,000,000 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 $19,000,000 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 $10,000,000 of the
amount appropriated under this heading shall be transferred to,
and merged with, the Rural Utilities Service, High Energy Cost
Grants Account to provide grants authorized under section 19 of
the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided
further, That any prior year balances for high-energy cost grants
authorized by section 19 of the Rural Electrification Act of 1936
(7 U.S.C. 918a) shall be transferred to and merged with the Rural
Utilities Service, High Energy Cost Grants Account: 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
(INCLUDING TRANSFER OF FUNDS)

The principal amount of direct and guaranteed loans as authorized by sections 305, 306, and 317 of the Rural Electrification
Act of 1936 (7 U.S.C. 935, 936, and 940g) shall be made as follows:
loans made pursuant to sections 305, 306, and 317, notwithstanding
317(c), 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,

H. R. 1625—25
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.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000, which
shall be transferred to and merged with the appropriation for
‘‘Rural Development, Salaries and Expenses’’.
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

For the principal amount of broadband telecommunication
loans, $29,851,000.
For grants for telemedicine and distance learning services in
rural areas, as authorized by 7 U.S.C. 950aaa et seq., $32,000,000,
to remain available until expended: Provided, That $3,000,000 shall
be made available for grants authorized by 379G of the Consolidated
Farm and Rural Development Act: Provided further, That funding
provided under this heading for grants under 379G of the Consolidated Farm and Rural Development Act may only be provided
to entities that meet all of the eligibility criteria for a consortium
as established by this section.
For the cost of broadband loans, as authorized by section 601
of the Rural Electrification Act, $5,000,000, 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.
In addition, $30,000,000, to remain available until expended,
for a grant program to finance broadband transmission in rural
areas eligible for Distance Learning and Telemedicine Program
benefits authorized by 7 U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
OFFICE

OF THE

UNDER SECRETARY FOR FOOD, NUTRITION,
CONSUMER SERVICES

AND

For necessary expenses of the Office of the Under Secretary
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 fund up to one administrative support
staff for the Office.
FOOD

AND

NUTRITION SERVICE

CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)

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; $24,254,139,000 to remain available

H. R. 1625—26
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, $30,000,000 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: Provided further, That of the total amount available,
$28,000,000 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), $6,175,000,000, to remain available
through September 30, 2019, of which $25,000,000 shall be placed
in reserve, to remain available until expended, to be allocated
as the Secretary deemed necessary, notwithstanding section 17(i)
of such Act, to support participation should cost or participation
exceed budget estimates: 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 $14,000,000 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.

H. R. 1625—27
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $74,013,499,000, 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 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, $322,139,000, 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 15 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, $153,841,000: Provided, That of the funds provided herein,
$2,000,000 shall be used for the purposes of section 4404 of Public

H. R. 1625—28
Law 107–171, as amended by section 4401 of Public Law 110–
246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
OFFICE

OF THE

UNDER SECRETARY FOR TRADE
AGRICULTURAL AFFAIRS

AND

FOREIGN

For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $875,000: Provided,
That funds made available by this Act to any agency in the Trade
and Foreign Agricultural Affairs mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
OFFICE OF CODEX ALIMENTARIUS

For necessary expenses of the Office of Codex Alimentarius,
$3,796,000.
FOREIGN AGRICULTURAL SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)

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), $199,666,000, of which no more than
6 percent shall remain available until September 30, 2019, for
overseas operations to include the payment of locally employed
staff: 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 ACCOUNT
(INCLUDING TRANSFER OF FUNDS)

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

H. R. 1625—29
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, $1,600,000,000, 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, the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs 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 section
3107 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1), $207,626,000, to remain available until
expended, of which $1,000,000 is for the use of recently developed
potable water technologies in school feeding projects: 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: Provided further, That of the amount made available under
this heading, $10,000,000, shall remain available until expended
for necessary expenses to carry out the provisions of section 3207
of the Agricultural Act of 2014 (7 U.S.C. 1726c).
COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT
GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit
Corporation’s Export Guarantee Program, GSM 102 and GSM 103,
$8,845,000; 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 $2,463,000 shall be transferred to and merged with the
appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.

H. R. 1625—30
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG
ADMINISTRATION
DEPARTMENT

OF

HEALTH

AND

HUMAN SERVICES

FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES

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 which are included in 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; $5,138,041,000: Provided, That of the
amount provided under this heading, $911,346,000 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; $40,214,000 shall be derived from biosimilar biological product user fees authorized by 21 U.S.C. 379j–
52, and shall be credited to this account and remain available
until expended; $18,093,000 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; $9,419,000
shall be derived from generic new animal drug user fees authorized
by 21 U.S.C. 379j–21, and shall be credited to this account and
remain available until expended; $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,

H. R. 1625—31
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) $1,041,615,000 shall be for
the Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2) $1,617,881,000
shall be for the Center for Drug Evaluation and Research and
related field activities in the Office of Regulatory Affairs; (3)
$359,614,000 shall be for the Center for Biologics Evaluation and
Research and for related field activities in the Office of Regulatory
Affairs; (4) $197,252,000 shall be for the Center for Veterinary
Medicine and for related field activities in the Office of Regulatory
Affairs; (5) $487,197,000 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 $172,003,000
shall be for Rent and Related activities, of which $50,559,000 is
for White Oak Consolidation, other than the amounts paid to the
General Services Administration for rent; (9) not to exceed
$237,671,000 shall be for payments to the General Services
Administration for rent; and (10) $335,831,000 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: 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 biotechnologyderived 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 approval of the Committees on
Appropriations of both Houses of Congress.

H. R. 1625—32
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 account,
to remain available until expended.
BUILDINGS AND FACILITIES

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, $11,788,000, to remain available until expended.
FDA INNOVATION ACCOUNT, CURES ACT

For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in addition
to amounts available for such purposes under the heading ‘‘Salaries
and Expenses’’, $60,000,000, to remain available until expended:
Provided, That amounts appropriated in this paragraph are appropriated pursuant to section 1002(b)(3) of the 21st Century Cures
Act, are to be derived from amounts transferred under section
1002(b)(2)(A) of such Act, and may be transferred by the Commissioner of Food and Drugs to the appropriation for ‘‘Department
of Health and Human Services—Food and Drug Administration—
Salaries and Expenses’’ solely for the purposes provided in such
Act: Provided further, That upon a determination by the Commissioner that funds transferred pursuant to the previous proviso
are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCIES
COMMODITY FUTURES TRADING COMMISSION
For necessary expenses to carry out the provisions of the 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, $249,000,000, 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 $48,000,000, 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

H. R. 1625—33
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 if any furlough or reductionin-force of personnel at the Commission occurs as a result of an
action under 5 U.S.C. 7119, the Commission shall submit a report
to the Committees on Appropriations of the House of Representatives and the Senate no later than 30 days after the furlough
or reduction-in-force occurs detailing the agency’s reasoning for
conducting a furlough or reduction-in-force: Provided further, That
in the report the Commission shall explain why the furlough or
reduction-in-force was the only reasonable course of action in
response to an action taken under 5 U.S.C. 7119: Provided further,
That after the conclusion of any furlough or reduction-in-force of
the Commission in response to an action taken under 5 U.S.C.
7119, the Comptroller General shall submit to the Committees
on Appropriations of the Senate and the House of Representatives
a report that describes (1) the long-term cost of any pay increases
the Commission must make in response to an action taken under
5 U.S.C. 7119; and (2) the operational impact of the furlough
or reduction-in-force.
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $70,600,000 (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 Appropriations of both Houses of Congress.
TITLE VII
GENERAL PROVISIONS
(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.

H. R. 1625—34
SEC. 702. Notwithstanding any other provision of this Act,
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 functions of the 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 the Secretary of Agriculture and the offices
of the Chief Financial Officer shall actively market to existing
and new Departments and other government agencies National
Finance Center shared services including, but not limited to, payroll,
financial management, and human capital shared services and allow
the National Finance Center to perform technology upgrades: Provided further, That of annual income amounts in the Working
Capital Fund of the Department of Agriculture attributable to the
amounts in excess of the true costs of the shared services provided
by the National Finance Center and budgeted for the National
Finance Center, the Secretary shall reserve not more than 4 percent
for the replacement or acquisition of capital equipment, including
equipment for the improvement, delivery, and implementation of
financial, administrative, and information technology services, 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 Appropriations of both Houses
of Congress: Provided further, 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:

H. R. 1625—35
Provided further, That the Secretary of Agriculture shall conduct
and submit a detailed cost benefit analysis to the Committees
on Appropriations that includes a complete analysis of the National
Finance Center data center and two other operationally comparable
data centers in both size and complexity in supported applications
that details and provides: (1) the cost effectiveness of each center;
(2) a security analysis of each center; and (3) each center’s Federal
Risk and Authorization Management Program (FedRAMP) certifications status and the center’s demonstrated history record and
ability for maintaining Continuity of Operations Plan (COOP) functions and not miss critical operations: Provided further, That the
cost-benefit analysis shall be submitted no later than 90 days
after enactment of this Act to the Committees on Appropriations:
Provided further, That not later than 90 days after submission
of the cost-benefit analysis, the Comptroller General of the United
States shall submit to the Committees on Appropriations a sufficiency review of the cost-benefit analysis, including any findings
and recommendations relating to such review.
SEC. 703. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
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
notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, 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

H. R. 1625—36
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.
SEC. 710. None of the funds appropriated or otherwise made
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 of Federal Regulations.
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 $2,000,000 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

H. R. 1625—37
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).
SEC. 714. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
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 $1,266,582,000
(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 $350,000,000 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, 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 available by this or any other
Act shall be used to pay the salaries or expenses of any employee
of the Department of Agriculture to carry out clause (3) of section
32.
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 2019 appropriations Act.

H. R. 1625—38
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 authority.
(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; 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 or transfer of such funds or the use of such
authority.
(c) The Secretary of Agriculture, the Chairman of the Commodity Futures Trading Commission, or the Secretary of 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.

H. R. 1625—39
(d) 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—
(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 Appropriations
of both Houses of Congress at least 30 days in 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.
SEC. 719. None of the funds appropriated or otherwise made
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.

H. R. 1625—40
SEC. 722. (a) There is hereby established in the Treasury of
the United States a Working Capital Fund (the Fund) to be administered by the Food and Drug Administration (FDA), without fiscal
year limitation, for the payment of salaries, travel, and other
expenses necessary to the maintenance and operation of (1) a supply
service for the purchase, storage, handling, issuance, packing, or
shipping of stationery, supplies, materials, equipment, and blank
forms, for which stocks may be maintained to meet, in whole
or in part, the needs of the FDA and requisitions of other Government Offices, and (2) such other services as the Commissioner
of the FDA, subject to review by the Secretary of Health and
Human Services, determines may be performed more advantageously as central services. The Fund shall be reimbursed from
applicable discretionary resources, notwithstanding any otherwise
applicable purpose limitations, available when services are performed or stock furnished, or in advance, on a basis of rates which
shall include estimated or actual charges for personal services,
materials, equipment, information technology, and other expenses.
Charges for equipment and information technology shall include
costs associated with maintenance, repair, and depreciation
(including improvement and replacement).
(b) Of any discretionary resources appropriated in this Act
for fiscal year 2018 for ‘‘Department of Health and Human Services,
Food and Drug Administration, Salaries and Expenses’’, not to
exceed $5,000,000 of amounts available as of September 30 may
be transferred to and merged with the Fund established under
subsection (a), notwithstanding any otherwise applicable purpose
limitations.
(c) No amounts may be transferred pursuant to this section
that are designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
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 explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act).
SEC. 724. Of the unobligated balances from amounts made
available for the supplemental nutrition program as authorized
by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$800,000,000 are hereby rescinded.
SEC. 725. The Secretary shall continue 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 continue 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.

H. R. 1625—41
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 Administration, and
Related Agencies Appropriations Act, 2002 (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.
SEC. 728. None of the funds made available by this Act may
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 de
fined 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).
SEC. 729. None of the funds made available by this Act or
any other Act may be used—
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940); or
(2) to prohibit the transportation, processing, sale, or use
of industrial hemp, or seeds of such plant, that is grown or
cultivated in accordance with subsection section 7606 of the
Agricultural Act of 2014, within or outside the State in which
the industrial hemp is grown or cultivated.
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.

H. R. 1625—42
SEC. 731. For tree assistance payments under section 1501(e)
of the Agricultural Act of 2014 (7 U.S.C. 9081(e)) to eligible orchardists or nursery tree growers (as defined in such section) of pecan
trees with a tree mortality rate that exceeds 7.5 percent (adjusted
for normal mortality) and is less than 15 percent (adjusted for
normal mortality), $15,000,000, to be available until expended, for
losses incurred during the period beginning January 1, 2017 and
ending December 31, 2017.
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.
SEC. 733. None of the funds made available by this Act may
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 distribution.
SEC. 734. None of the funds made available by this Act may
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.
SEC. 735. None of the funds made available by this or any
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. 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 purposes.
SEC. 737. There is hereby appropriated $1,996,000 to carry
out section 1621 of Public Law 110–246.
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

H. R. 1625—43
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. For the cost of refinancing a loan pursuant to section
749 of division A of Public Law 115–31, and in addition to amounts
provided by that section, for any borrower identified by the Federal
Financing Bank for refinancing a loan where the modification calculation methodology used for such refinancing pursuant to section
185 of Office of Management and Budget Circular No. A–11 results
in a cost to the pilot program, $5,000,000, to remain available
until expended: Provided, That these funds shall also be available
for refinancing a loan pursuant to any extension or expansion
of this pilot program that is enacted subsequent to this Act for
those same borrowers.
SEC. 740. None of the funds made available by this Act may
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. 741. There is hereby appropriated $8,000,000, to remain
available until expended, to carry out section 6407 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided, That the Secretary may allow eligible entities to offer loans
to customers in any part of their service territory and to offer
loans to replace a manufactured housing unit with another manufactured housing unit, if replacement would be more cost effective
in saving energy: Provided further, That funds provided in section
769 of division A, Public Law 115–31, shall remain available until
September 30, 2019.
SEC. 742. (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 agreements.
SEC. 743. There is hereby appropriated $1,000,000 for the Secretary to carry out a pilot program that provides forestry inventory
analysis, forest management and economic outcomes modelling for
certain currently enrolled Conservation Reserve Program participants. The Secretary shall allow the Commodity Credit Corporation

H. R. 1625—44
to enter into agreements with and provide grants to qualified nonprofit organizations dedicated to conservation, forestry and wildlife
habitats, that also have experience in conducting accurate forest
inventory analysis through the use of advanced, cost-effective technology. The Secretary shall focus the analysis on lands enrolled
for at least eight years and located in areas with a substantial
concentration of acres enrolled under conservation practices devoted
to multiple bottomland hardwood tree species including CP03,
CP03A, CP11, CP22, CP31 and CP40.
SEC. 744. None of the funds made available by this Act may
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. 745. In addition to amounts otherwise made available
by this Act and notwithstanding the last sentence of 16 U.S.C.
1310, there is appropriated $4,000,000, to remain available until
expended, to implement non-renewable agreements on eligible
lands, including flooded agricultural lands, as determined by the
Secretary, under the Water Bank Act (16 U.S.C. 1301–1311).
SEC. 746. (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’’ 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 Secretary of Agriculture (in this section
referred to as the ‘‘Secretary’’) or the designee of the Secretary
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 or 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 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 accompanying information available by electronic
means, including on the official public Internet Web site of the
Department.

H. R. 1625—45
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(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 section.
(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. 747. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2018, an amount
of funds made available in title III under the headings of Rural
Housing Insurance Fund Program Account, Mutual and Self-Help
Housing Grants, Rural Housing Assistance Grants, Rural Community Facilities Program Account, Rural Business Program Account,
Rural Development Loan Fund Program Account, and Rural Water
and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such
headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones.
SEC. 748. For the purposes of determining eligibility or level
of program assistance for Rural Development programs the Secretary shall not include incarcerated prison populations.
SEC. 749. There is hereby appropriated $1,000,000, to remain
available until expended, for a pilot program for the Secretary
to provide grants to qualified non-profit organizations and public
housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers
to facilitate the acquisition of RHS multi-family housing properties
in areas where the Secretary determines a risk of loss of affordable
housing, by non-profit housing organizations and public housing
authorities as authorized by law that commit to keep such properties in the RHS multi-family housing program for a period of
time as determined by the Secretary.
SEC. 750. Beginning on the date of enactment of this Act
through fiscal year 2019, notwithstanding any other provision of
law, any fee issued by the State’s Electronic Benefit Transfer contractor and subcontractors, including Affiliates of the contractor
or subcontractor, related to the switching or routing of benefits
for Department of Agriculture domestic food assistance programs
shall be prohibited: Provided, That for purposes of this provision,
the term ‘‘switching’’ means the routing of an intrastate or interstate
transaction that consists of transmitting the details of a transaction
electronically recorded through the use of an electronic benefit
transfer card in one State to the issuer of the card that may
be in the same or different State.
SEC. 751. 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.

H. R. 1625—46
SEC. 752. (a) The Secretary of Agriculture (referred to in this
section as the ‘‘Secretary’’) shall carry out a pilot program during
fiscal year 2018 with respect to the 2017 crop year for countylevel agriculture risk coverage payments under section 1117(b)(1)
of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), that provides
all or some of the State Farm Service Agency offices in each State
the opportunity to provide agricultural producers in the State a
supplemental payment described in subsection (c) based on the
alternate calculation method described in subsection (b) for 1 or
more counties in a State if the office for that State determines
that the alternate calculation method is necessary to ensure that,
to the maximum extent practicable, there are not significant yield
calculation disparities between comparable counties in the State.
(b) The alternate calculation method referred to in subsection
(a) is a method of calculating the actual yield for the 2017 crop
year for county-level agriculture risk coverage payments under section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)),
under which—
(1) county data of the National Agricultural Statistics
Service (referred to in this section as ‘‘NASS data’’) is used
for the calculations;
(2) if there is insufficient NASS data for a county (as
determined under standards of the Secretary in effect as of
the date of enactment of this Act) or the available NASS data
produces a substantially disparate result, the calculation of
the county yield is determined using comparable contiguous
county NASS data as determined by the Farm Service Agency
office in the applicable State; and
(3) if there is insufficient NASS data for a comparable
contiguous county (as determined under standards of the Secretary in effect as of the date of enactment of this Act), the
calculation of the county yield is determined using reliable
yield data from other sources, such as Risk Management Agency
data, National Agricultural Statistics Service district data,
National Agricultural Statistics Service State yield data, or
other data as determined by the Farm Service Agency office
in the applicable State.
(c)(1) A supplemental payment made under the pilot program
established under this section may be made to an agricultural
producer who is subject to the alternate calculation method
described in subsection (b) if that agricultural producer would otherwise receive a county-level agriculture risk coverage payment for
the 2017 crop year in an amount that is less than the payment
that the agricultural producer would receive under the alternate
calculation method.
(2) The amount of a supplemental payment to an agricultural
producer under this section may not exceed the difference between—
(A) the payment that the agricultural producer would have
received without the alternate calculation method described
in subsection (b); and
(B) the payment that the agricultural producer would
receive using the alternate calculation method.
(d)(1) There is appropriated to the Secretary, out of funds
of the Treasury not otherwise appropriated, $5,000,000, to remain
available until September 30, 2019, to carry out the pilot program
described in this section.

H. R. 1625—47
(2) Of the funds appropriated, the Secretary shall use not
more than $5,000,000 to carry out the pilot program described
in this section.
(e)(1) To the maximum extent practicable, the Secretary shall
select States to participate in the pilot program under this section
so the cost of the pilot program equals the amount provided under
subsection (d).
(2) To the extent that the cost of the pilot program exceeds
the amount made available, the Secretary shall reduce all payments
under the pilot program on a pro rata basis.
(f) Nothing in this section affects the calculation of actual
yield for purposes of county-level agriculture risk coverage payments
under section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C.
9017(b)(1)) other than payments made in accordance with the pilot
program under this section.
(g) A calculation of actual yield made using the alternate calculation method described in subsection (b) shall not be used as
a basis for any agriculture risk coverage payment determinations
under section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017)
other than for purposes of the pilot program under this section.
SEC. 753. For an additional amount for ‘‘National Institute
of Food and Agriculture—Research and Education Activities’’,
$6,000,000, to be available until expended, for relocation expenses
and for the alteration and repair of leased buildings and improvements pursuant to 7 U.S.C. 2250: Provided, That not later than
60 days after enactment of this Act, the Secretary of Agriculture
shall submit a report to the Committees on Appropriations of the
House of Representatives and the Senate detailing the planned
uses of this funding.
SEC. 754. 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.
SEC. 755. In addition to amounts otherwise made available
by this Act under the heading ‘‘Domestic Food Programs—Food
and Nutrition Services—Child Nutrition Programs’’, there is appropriated $2,000,000, to remain available until September 30, 2019,
to allow allied professional associations to develop a training program for school nutrition personnel that focuses on school food
service meal preparation and workforce development.
SEC. 756. None of the funds made available by this Act may
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.).

H. R. 1625—48
SEC. 757. 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. 758. Section 502(i) of the Housing Act of 1949 (42 U.S.C.
1472(i)), is amended by striking paragraph (1) and inserting the
following:
‘‘(1) AUTHORITY; MAXIMUM AMOUNT.—To the extent provided in advance in appropriations Acts, the Secretary may
assess and collect a fee for a lender to access the automated
underwriting systems of the Department in connection with
such lender’s participation in the single family loan program
under this section and only in an amount necessary to cover
the costs of information technology enhancements, improvements, maintenance, and development for automated underwriting systems used in connection with the single family loan
program under this section, except that such fee shall not
exceed $50 per loan.’’.
SEC. 759. 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. 760. (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 United States;

H. R. 1625—49
(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.
(b) This section shall be applied in a manner consistent with
obligations of the United States under any trade agreement to
which the United States is a party.
SEC. 761. (a) Section 2 of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1002) is amended in the matter following
paragraph (3) by striking ‘‘$5,000,000’’ and inserting ‘‘$25,000,000’’.
(b) Section 5 of the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1005) is amended—
(1) in paragraph (3), by striking ‘‘$5,000,000’’ and inserting
‘‘$25,000,000’’; and
(2) in paragraph (4), by striking ‘‘$5,000,000’’ and inserting
‘‘$25,000,000’’.
SEC. 762. In addition to funds appropriated in this Act, there
is hereby appropriated $116,000,000, to remain available until
expended, under the heading ‘‘Food for Peace Title II Grants’’:
Provided, That the funds made available under this section shall
be used for the purposes set forth in the Food for Peace Act
for both emergency and non-emergency purposes.
SEC. 763. In addition to any other funds made available in
this Act or any other Act, there is appropriated $5,000,000 to
carry out section 18(g)(8) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769(g)), to remain available until expended.
SEC. 764. None of the funds made available by this Act may
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 completed.
SEC. 765. Pursuant to section 185 of Public Law 114–223 (as
added by Public Law 114–254 (130 Stat. 1018)), the Secretary
of Agriculture may provide financial and technical assistance to
remove and dispose of debris and sediment that could adversely
affect health and safety on non-Federal land in a flood-affected
county or parish: Provided, That such assistance may be used
to restore pre-disaster hydraulic capacity of the watershed: Provided

H. R. 1625—50
further, That such assistance may not be used to correct an operation and maintenance issue that existed prior to the disaster.
SEC. 766. Section 1244 of the Food Security Act of 1985 (16
U.S.C. 3844) is amended by adding at the end the following:
‘‘(m) EXEMPTION FROM CERTAIN REPORTING REQUIREMENTS.—
‘‘(1) DEFINITION OF EXEMPTED PRODUCER.—In this subsection, the term ‘exempted producer’ means a producer or
landowner eligible to participate in any conservation program
administered by the Secretary.
‘‘(2) EXEMPTION.—Notwithstanding the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109–
282; 31 U.S.C. 6101 note), the requirements of parts 25 and
170 of title 2, Code of Federal Regulations (and any successor
regulations), shall not apply with respect to assistance received
by an exempted producer from the Secretary, acting through
the Natural Resources Conservation Service.’’.
SEC. 767. There is hereby appropriated $600,000 for the purposes of section 727 of division A of Public Law 112–55.
SEC. 768. None of the funds made available by this Act may
be used in contravention of—
(1) section 9(b)(10) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)(10)); or
(2) section 245.8 of title 7, Code of Federal Regulations.
SEC. 769. There is hereby appropriated $1,000,000, to remain
available until September 30, 2019, for the cost of loans and grants
that is consistent with section 4206 of the Agricultural Act of
2014, for necessary expenses of the Secretary to support projects
that provide access to healthy food in underserved areas, to create
and preserve quality jobs, and to revitalize low-income communities.
SEC. 770. During fiscal year 2018, the Food and Drug Administration shall not allow the introduction or delivery for introduction
into interstate commerce of any food that contains genetically engineered salmon until the FDA publishes final labeling guidelines
for informing consumers of such content.
SEC. 771. For an additional amount for ‘‘Animal and Plant
Health Inspection Service—Salaries and Expenses’’, $7,500,000, to
remain available until September 30, 2019, for one-time control
and management and associated activities directly related to the
multiple-agency response to citrus greening.
SEC. 772. (a) The Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6931) is amended—
(1) by striking ‘‘Subtitle B—Farm and Foreign Agricultural
Services’’ and inserting ‘‘Subtitle B—Farm Production and Conservation’’; and
(2) by revising section 225 to read as follows:
‘‘SEC. 225. UNDER SECRETARY OF AGRICULTURE FOR FARM PRODUCTION AND CONSERVATION.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to establish
in the Department the position of Under Secretary of Agriculture
for Farm Production and Conservation.
‘‘(b) CONFIRMATION REQUIRED.—If the Secretary establishes the
position of Under Secretary of Agriculture for Farm Production
and Conservation authorized under subsection (a), the Under Secretary shall be appointed by the President, by and with the advice
and consent of the Senate.

H. R. 1625—51
‘‘(c) FUNCTIONS OF UNDERSECRETARY.—The Under Secretary
of Agriculture for Farm Production and Conservation shall perform
such functions and duties as the Secretary shall prescribe.
‘‘(d) SUCCESSION.—Any official who is serving as Under Secretary of Agriculture for Farm and Foreign Agricultural Services
on the date of the enactment of this Act and who was appointed
by the President, by and with the advice and consent of the Senate,
shall not be required to be reappointed under subsection (b) to
the successor position authorized under subsection (a).’’.
(b) Section 5314 of title 5, United States Code, is amended
by striking ‘‘Under Secretary of Agriculture for Farm and Foreign
Agricultural Services.’’ and inserting ‘‘Under Secretary of Agriculture for Farm Production and Conservation.’’ and ‘‘Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs.’’.
SEC. 773. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated by
the Food and Drug Administration entitled ‘‘Standards for the
Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption,’’ and published on November 27, 2015, with respect
to the regulation of the production, distribution, sale, or receipt
of grape varietals that are grown, harvested and used solely for
wine and receive commercial processing that adequately reduces
the presence of microorganisms of public health significance.
SEC. 774. None of the funds made available by this Act may
be used to revoke an exception made—
(1) pursuant to the rule entitled ‘‘Exceptions to Geographic
Areas for Official Agencies Under the USGSA’’ published by
the Department of Agriculture in the Federal Register on April
18, 2003 (68 Fed. Reg. 19137, 19139); and
(2) on a date before April 14, 2017.
SEC. 775. There is hereby appropriated $20,000,000, to remain
available until expended, for an additional amount for telemedicine
and distance learning services in rural areas, as authorized by
7 U.S.C 950aaa et seq., to help address the opioid epidemic in
rural America.
SEC. 776. For school year 2018–2019, only a school food
authority that had a negative balance in the nonprofit school food
service account as of January 31, 2018, shall be required to establish
a price for paid lunches in accordance with Section 12(p) of the
Richard B. Russell National School Lunch Act, 42 U.S.C. 1760(p).
SEC. 777. There is hereby appropriated $5,000,000, to remain
available until September 30, 2019, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
SEC. 778. For an additional amount for ‘‘Department of Health
and Human Services—Food and Drug Administration—Salaries and
Expenses’’, $94,000,000, to remain available until expended, in addition to amounts otherwise made available for necessary expenses
of processing opioid and other articles imported or offered for import
through international mail facilities of the U.S. Postal Service:
Provided, That such additional amounts shall also be available
for expanding and enhancing inspection capacity related to such
processing activity (including but not limited to increasing staffing,
obtaining necessary equipment and supplies, and expanding and
upgrading infrastructure, laboratory facilities, and data libraries):
Provided further, That amounts appropriated under this section

H. R. 1625—52
shall be in addition to amounts otherwise made available for
research and criminal investigations related to such import articles,
and be available for enhancing such research and investigations:
Provided further, That the Secretary of Health and Human Services
shall provide quarterly reports to the Committees on Appropriations
of the House and Senate on the obligation of amounts appropriated
under this section.
SEC. 779. For an additional amount for ‘‘Rural Utilities
Service—Distance Learning, Telemedicine, and Broadband Program’’, $600,000,000, to remain available until expended, for the
Secretary of Agriculture to conduct a new broadband loan and
grant pilot program under the Rural Electrification Act of 1936
(7 U.S.C. 901 et seq.): Provided, That for the purpose of the new
pilot program, the authorities provided in such Act shall include
the authority to make grants for such purposes, as described in
section 601(a) of such Act: Provided further, That the cost of direct
loans shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That at least 90 percent of the
households to be served by a project receiving a loan or grant
under the pilot program shall be in a rural area without sufficient
access to broadband, defined for this pilot program as 10 Mbps
downstream, and 1 Mbps upstream, which shall be reevaluated
and redetermined, as necessary, on an annual basis by the Secretary
of Agriculture: Provided further, That an entity to which a loan
or grant is made under the pilot program shall not use the loan
or grant to overbuild or duplicate broadband expansion efforts made
by any entity that has received a broadband loan from the Rural
Utilities Service: Provided further, That in addition to other available funds, not more than four percent of the funds can be used
for administrative costs to carry out this pilot program and up
to three percent may be utilized for technical assistance and predevelopment planning activities to support the most rural communities, which shall be transferred to and merged with the appropriation for ‘‘Rural Development, Salaries and Expenses’’: Provided
further, That the Rural Utility Service is directed to expedite program delivery methods that would implement this section: Provided
further, That for purposes of this section, the Secretary shall adhere
to the notice, reporting and service area assessment requirements
set forth in sections 6104(a)(2)(D) and 6104(a)(2)(E) of the Agricultural Act of 2014 (7 U.S.C. 950bb(d)(5), and 950bb(d)(8) and
950bb(d)(10)).
SEC. 780. For an additional amount for the cost of direct loans
and grants made under the ‘‘Rural Water and Waste Disposal
Program Account’’, $500,000,000, to remain available until
expended, of which not to exceed $495,000,000 shall be for grants.
SEC. 781. The Secretary of Agriculture and the Commissioner
of Food and Drugs shall—
(1) post on a public Website in a searchable format information on competitive grant awards made using funds made available under an appropriations Act (other than funds appropriated to the Commodity Credit Corporation, the Forest
Service, or funds provided under the heading ‘‘Food for Peace
Title II Grants’’) that includes, with respect to each such award,
the Congressional District corresponding to the State, District,
Tribal jurisdiction, or territory of the United States in which
the recipient of the funds is geographically located; and

H. R. 1625—53
(2) not provide advance notification of such grant awards
to any person outside of the Department of Agriculture or
the Food and Drug Administration except potential awardees,
until such information is posted, as described in paragraph
(1).
SEC. 782. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel—
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
1901 note; Public Law 104–127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
SEC. 783. 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 the Biomass Crop Assistance
Program authorized by section 9011 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8111).
This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018’’.
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION

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, $495,000,000,
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

H. R. 1625—54
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 activities.
BUREAU

OF INDUSTRY AND

SECURITY

OPERATIONS AND ADMINISTRATION

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; full medical coverage for
dependent members of immediate 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, $113,500,000, 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), $262,500,000, to remain available until expended,
of which $21,000,000 shall be for grants under such section 27.
SALARIES AND EXPENSES

For necessary expenses of administering the economic development assistance programs as provided for by law, $39,000,000:

H. R. 1625—55
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, $39,000,000.
ECONOMIC

AND

STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of Commerce,
$99,000,000, to remain available until September 30, 2019.
BUREAU

OF THE

CENSUS

CURRENT SURVEYS AND PROGRAMS

For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics, provided for by law, $270,000,000:
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
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics for periodic censuses and programs
provided for by law, $2,544,000,000, to remain available until September 30, 2020: 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 updates the previous expenditure plan and resubmits
to the Committees on Appropriations of the House of Representatives and the Senate a plan for expenditure that: (1) identifies

H. R. 1625—56
for each CEDCaP project/investment over $25,000: (A) the functional and performance capabilities to be delivered and the mission
benefits to be realized; (B) an updated estimated lifecycle cost,
including cumulative expenditures to date by fiscal year, and all
revised estimates for development, maintenance, and operations;
(C) key milestones to be met; and (D) impacts of cost variances
on other Census programs; (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
SALARIES AND EXPENSES

For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA),
$39,500,000, to remain available until September 30, 2019: 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: Provided further, That
$7,500,000 shall be to update the national broadband availability
map in coordination with the Federal Communications Commission
and using partnerships previously developed with the States.
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.
UNITED STATES PATENT

AND

TRADEMARK OFFICE

SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)

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, $3,500,000,000,
to remain available until expended: 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

H. R. 1625—57
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 Committees on Appropriations of
the House of Representatives 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, $1,000,000 shall
be transferred to the ‘‘Office of Inspector General’’ account for
activities associated with carrying out investigations and audits
related to the USPTO.
NATIONAL INSTITUTE

OF

STANDARDS

AND

TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the National Institute of Standards
and Technology (NIST), $724,500,000, to remain available until

H. R. 1625—58
expended, of which not to exceed $9,000,000 may be transferred
to the ‘‘Working Capital Fund’’: Provided, That not to exceed $20,000
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,
$155,000,000, to remain available until expended, of which
$140,000,000 shall be for the Hollings Manufacturing Extension
Partnership, and of which $15,000,000 shall be for the National
Network for Manufacturing Innovation (also known as ‘‘Manufacturing USA’’).
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), $319,000,000, 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.
NATIONAL OCEANIC

AND

ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft and vessels; pilot programs for state-led fisheries management, notwithstanding any
other provision of law; grants, contracts, or other payments to
nonprofit organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of facilities,
$3,536,331,000, 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, notwithstanding section 3302 of title 31, United States Code: 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

H. R. 1625—59
Grant Program, Cooperative Research, Annual Stock Assessments,
Survey and Monitoring Projects, Interjurisdictional Fisheries
Grants, and Fish Information Networks: Provided further, That
of the $3,697,831,000 provided for in direct obligations under this
heading, $3,536,331,000 is appropriated from the general fund,
$144,000,000 is provided by transfer, and $17,500,000 is derived
from recoveries of prior year obligations: Provided further, That
any deviation from the amounts designated for specific activities
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated 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
(INCLUDING TRANSFER OF FUNDS)

For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $2,290,684,000, 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
$2,303,684,000 provided for in direct obligations under this heading,
$2,290,684,000 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 explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
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
requirements for each such project for each of the 5 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 construction.
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,

H. R. 1625—60
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 $349,000, to be derived from receipts collected
pursuant to that Act, to remain available until expended.
FISHERY 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
SALARIES AND EXPENSES

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, $63,000,000.
RENOVATION AND MODERNIZATION

For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $45,130,000, to remain available
until expended.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $32,744,000.

H. R. 1625—61
GENERAL PROVISIONS—DEPARTMENT

OF

COMMERCE

(INCLUDING TRANSFER OF FUNDS)

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. 5901–5902).
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.
SEC. 105. Notwithstanding any other provision of law, the
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
services.

H. R. 1625—62
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 Administration.
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. The Secretary of Commerce may waive the requirement for bonds under 40 U.S.C. 3131 with respect to contracts
for the construction, alteration, or repair of vessels, regardless
of the terms of the contracts as to payment or title, when the
contract is made under the Coast and Geodetic Survey Act of
1947 (33 U.S.C. 883a et seq.).
SEC. 110. 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.
SEC. 111. Amounts provided by this Act or by any prior appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration of the Department of Commerce, including amounts provided
for programs of the Bureau of Economic Analysis and the Bureau
of the Census, shall be available for expenses of cooperative agreements with appropriate entities, including any Federal, State, or
local governmental unit, or institution of higher education, to aid
and promote statistical, research, and methodology activities which
further the purposes for which such amounts have been made
available.
This title may be cited as the ‘‘Department of Commerce Appropriations Act, 2018’’.

H. R. 1625—63
TITLE II
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $114,000,000, 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
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $35,000,000, 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 except
in compliance with the procedures set forth in that section.
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the administration of immigrationrelated 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.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General,
$97,250,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission
as authorized, $13,308,000: 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.

H. R. 1625—64
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 notwithstanding section 205
of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer
such amounts to ‘‘Salaries and Expenses, General Legal Activities’’
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: 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 expended.
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, $164,977,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, fees
collected for premerger notification filings under the Hart-ScottRodino 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
are received during fiscal year 2018, so as to result in a final
fiscal year 2018 appropriation from the general fund estimated
at $38,977,000.

H. R. 1625—65
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements, $2,136,750,000: 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, $225,908,000, 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 $225,908,000, 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 $231,000,000) 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 $0.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized
by section 3109 of title 5, United States Code, $2,409,000.
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 $15,000,000 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.

H. R. 1625—66
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Community Relations Service,
$15,500,000: 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
SALARIES AND EXPENSES

For necessary expenses of the United States Marshals Service,
$1,311,492,000, 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 available until expended.
CONSTRUCTION

For construction in space controlled, occupied or utilized by
the United States Marshals Service for prisoner holding and related
support, $53,400,000, to remain available until expended.
FEDERAL PRISONER DETENTION
(INCLUDING TRANSFER OF FUNDS)

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, $1,536,000,000,
to remain available until expended: 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.

H. R. 1625—67
NATIONAL SECURITY DIVISION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to carry out the activities of the
National Security Division, $101,031,000, 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 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.
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, $542,850,000, 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.
FEDERAL BUREAU

OF INVESTIGATION

SALARIES AND EXPENSES

For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against the
United States, $9,030,202,000, 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.
CONSTRUCTION

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;
$370,000,000, to remain available until expended.

H. R. 1625—68
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES

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,
$2,190,326,000, 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

SALARIES AND EXPENSES

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 available
until expended: Provided, That none of the funds 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
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

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, $7,114,000,000: 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

H. R. 1625—69
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.
BUILDINGS AND 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, $161,571,000, 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, INCORPORATED

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

H. R. 1625—70
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
(INCLUDING TRANSFER OF FUNDS)

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 (34 U.S.C. 10101 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 (34 U.S.C. 11101 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
Law 109–162) (‘‘the 2005 Act’’); the Violence Against Women
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,
$492,000,000, to remain available until expended, which shall be
derived by transfer from amounts available for obligation in this
Act from the Fund established by section 1402 of chapter XIV
of title II of Public Law 98–473 (34 U.S.C. 20101), notwithstanding
section 1402(d) of such Act of 1984, and merged with the amounts
otherwise made available under this heading: 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) $35,000,000 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,

H. R. 1625—71
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) $40,000,000 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 authorized
by section 1402 of the 2000 Act;
(13) $500,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(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
in exercising special domestic violence criminal jurisdiction,
as authorized by section 904 of the 2013 Act: Provided, That
the grant conditions in section 40002(b) of the 1994 Act shall
apply to this program; and
(17) $1,500,000 for the purposes authorized under the 2015
Act.

H. R. 1625—72
OFFICE

OF

JUSTICE PROGRAMS

RESEARCH, EVALUATION AND STATISTICS

For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (‘‘the 1968 Act’’); the Juvenile Justice and
Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the Missing
Children’s Assistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children
Today Act of 2003 (Public Law 108–21); the Justice for All Act
of 2004 (Public Law 108–405); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109–162) (‘‘the 2005 Act’’); the Victims of Child Abuse Act of 1990
(Public Law 101–647); the Second Chance Act of 2007 (Public Law
110–199); the Victims of Crime Act of 1984 (Public Law 98–473);
the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109–248) (‘‘the Adam Walsh Act’’); the PROTECT Our Children
Act of 2008 (Public Law 110–401); subtitle D of title II of the
Homeland Security Act of 2002 (Public Law 107–296) (‘‘the 2002
Act’’); the NICS Improvement Amendments Act of 2007 (Public
Law 110–180); the Violence Against Women Reauthorization Act
of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); and other programs,
$90,000,000, to remain available until expended, of which—
(1) $48,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act, of which $5,000,000 is for a nationwide incidentbased crime statistics program; and
(2) $42,000,000 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,
of which $4,000,000 is for research targeted toward developing
a better understanding of the domestic radicalization phenomenon, and advancing evidence-based strategies for effective
intervention and prevention.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)

For grants, contracts, cooperative agreements, and other 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 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);

H. R. 1625—73
the Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law 110–
416); the Violence Against Women Reauthorization Act of 2013
(Public Law 113–4) (‘‘the 2013 Act’’); the Comprehensive Addiction
and Recovery Act of 2016 (Public Law 114–198) (‘‘CARA’’); the
Justice for All Reauthorization Act of 2016 (Public Law 114–324);
and other programs, $1,677,500,000, to remain available until
expended as follows—
(1) $415,500,000 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), $5,000,000 is for an initiative to support
evidence-based policing, $2,500,000 is for an initiative to
enhance prosecutorial decision-making, $2,400,000 is for the
operationalization, maintenance and expansion of the National
Missing and Unidentified Persons System, $2,500,000 is for
a national training initiative to improve police-based responses
to people with mental illness or developmental disabilities,
$20,000,000 is for competitive and evidence-based programs
to reduce gun crime and gang violence, $2,000,000 is for a
student loan repayment assistance program pursuant to section
952 of Public Law 110–315, $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
$16,000,000 is 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 (34
U.S.C. 50101);
(2) $240,000,000 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) $77,000,000 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;
(4) $3,000,000 for the Capital Litigation Improvement
Grant Program, as authorized by section 426 of Public Law
108–405, and for grants for wrongful conviction review;
(5) $14,000,000 for economic, high technology, white collar
and Internet crime prevention grants, including as authorized
by section 401 of Public Law 110–403;
(6) $20,000,000 for sex offender management assistance,
as authorized by the Adam Walsh Act, and related activities;
(7) $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: Provided, That $1,500,000 is transferred
directly to the National Institute of Standards and Technology’s

H. R. 1625—74
Office of Law Enforcement Standards for research, testing and
evaluation programs;
(8) $1,000,000 for the National Sex Offender Public
Website;
(9) $75,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000
shall be for grants made under the authorities of the NICS
Improvement Amendments Act of 2007 (Public Law 110–180);
(10) $30,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968
Act;
(11) $130,000,000 for DNA-related and forensic programs
and activities, of which—
(A) $120,000,000 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) $6,000,000 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 108–405;
(12) $47,500,000 for a grant program for community-based
sexual assault response reform;
(13) $12,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(14) $35,000,000 for assistance to Indian tribes;
(15) $85,000,000 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
$6,000,000 is for a program to improve State, local, and tribal
probation or parole supervision efforts and strategies,
$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 $4,000,000 is for additional replication sites
employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain sanctions
in probation, and for a research project on the effectiveness
of the model: Provided, That up to $7,500,000 of funds made
available in this paragraph may be used for performance-based
awards for Pay for Success projects, of which up to $5,000,000
shall be for Pay for Success programs implementing the Permanent Supportive Housing Model;
(16) $75,000,000 for the Comprehensive School Safety Initiative;

H. R. 1625—75
(17) $65,000,000 for initiatives to improve police-community
relations, of which $22,500,000 is for a competitive matching
grant program for purchases of body-worn cameras for State,
local and tribal law enforcement, $25,000,000 is for a justice
reinvestment initiative, for activities related to criminal justice
reform and recidivism reduction, and $17,500,000 is for an
Edward Byrne Memorial criminal justice innovation program;
and
(18) $330,000,000 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) $75,000,000 for Drug Courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $30,000,000 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, and the
Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law
110–416);
(C) $30,000,000 for grants for Residential Substance
Abuse Treatment for State Prisoners, as authorized by
part S of title I of the 1968 Act;
(D) $20,000,000 for a veterans treatment courts program;
(E) $30,000,000 for a program to monitor prescription
drugs and scheduled listed chemical products; and
(F) $145,000,000 for a comprehensive opioid abuse program:
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

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention
Act of 1974 (‘‘the 1974 Act’’); the Omnibus Crime Control and
Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s
Assistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies
and Other Tools to end the Exploitation of Children Today Act
of 2003 (Public Law 108–21); the Victims of Child Abuse Act of
1990 (Public Law 101–647) (‘‘the 1990 Act’’); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109–248)
(‘‘the Adam Walsh Act’’); the PROTECT Our Children Act of 2008
(Public Law 110–401); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Justice for
All Reauthorization Act of 2016 (Public Law 114-324); and other
juvenile justice programs, $282,500,000, to remain available until
expended as follows—
(1) $60,000,000 for programs authorized by section 221
of the 1974 Act, and for training and technical assistance
to assist small, nonprofit organizations with the Federal grants

H. R. 1625—76
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State,
local and tribal juvenile justice residential facilities;
(2) $94,000,000 for youth mentoring grants;
(3) $27,500,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to sections
261 and 262 thereof—
(A) $5,000,000 shall be for the Tribal Youth Program;
(B) $4,000,000 shall be for gang and youth violence
education, prevention and intervention, and related activities;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated parents;
(D) $2,000,000 shall be for competitive grants focusing
on girls in the juvenile justice system;
(E) $8,000,000 shall be for community-based violence
prevention initiatives, including for public health
approaches to reducing shootings and violence; and
(F) $8,000,000 shall be for an opioid-affected youth
initiative;
(4) $21,000,000 for programs authorized by the Victims
of Child Abuse Act of 1990;
(5) $76,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a)
of the 1974 Act (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);
(6) $2,000,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of
the 1990 Act; and
(7) $2,000,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities designed
to benefit the programs or activities authorized: Provided further,
That not more than 2 percent of the amounts designated under
paragraphs (1) through (3) and (6) may be used for training and
technical assistance: Provided further, That the two preceding provisos shall not apply to grants and projects administered pursuant
to sections 261 and 262 of the 1974 Act and to missing and exploited
children programs.
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)

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 $24,800,000
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

H. R. 1625—77
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
(INCLUDING TRANSFER OF FUNDS)

For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus
Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); and
the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’),
$275,500,000, to remain available until expended: Provided, That
any balances made available through prior year deobligations shall
only be available in accordance with section 505 of this Act: Provided
further, That of the amount provided under this heading—
(1) $225,500,000 is for grants under section 1701 of title
I of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring
of additional career law enforcement officers under part Q
of such title notwithstanding subsection (i) of such section:
Provided, That, notwithstanding section 1704(c) of such title
(34 U.S.C. 10384(c)), funding for hiring or rehiring a career
law enforcement officer may not exceed $125,000 unless the
Director of the Office of Community Oriented Policing Services
grants a waiver from this limitation: Provided further, That
within the amounts appropriated under this paragraph,
$30,000,000 is for improving tribal law enforcement, including
hiring, equipment, training, anti-methamphetamine activities,
and anti-opioid activities: Provided further, That of the amounts
appropriated under this paragraph, $10,000,000 is for community policing development activities in furtherance of the purposes in section 1701: Provided further, That of the amounts
appropriated under this paragraph $36,000,000 is for regional
information sharing activities, as authorized by part M of title
I of the 1968 Act, which shall be transferred to and merged
with ‘‘Research, Evaluation, and Statistics’’ for administration
by the Office of Justice Programs;
(2) $10,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114–199);
(3) $8,000,000 is for competitive grants to State law enforcement agencies in States with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory
dump seizures: Provided, That funds appropriated under this
paragraph shall be utilized for investigative purposes to locate
or investigate illicit activities, including precursor diversion,
laboratories, or methamphetamine traffickers; and
(4) $32,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,

H. R. 1625—78
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including activities
related to the distribution of heroin or unlawful distribution
of prescription opioids, or unlawful heroin and prescription
opioid traffickers through statewide collaboration.
GENERAL PROVISIONS—DEPARTMENT

OF

JUSTICE

(INCLUDING TRANSFER OF FUNDS)

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.
SEC. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department 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 with
the procedures set forth in that section.
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 programs.
SEC. 208. None of the funds made available under this title
shall be obligated or expended for any new or enhanced information

H. R. 1625—79
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 explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act), and to any use of deobligated balances
of funds provided under this title in previous years.
SEC. 210. None of the funds appropriated by this Act may
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 the Bureau
of Prisons or 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 States Code.
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 2 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. Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the Attorney
General may, with respect to funds appropriated in this or any
other Act making appropriations for fiscal years 2015 through 2018
for the following programs, waive the following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10631 et seq.), the requirements under section 2976(g)(1) of
such part (34 U.S.C. 10631(g)(1)).

H. R. 1625—80
(2) For State, Tribal, and local reentry courts under part
FF of title I of such Act of 1968 (34 U.S.C. 10631 et seq.),
the requirements under section 2978(e)(1) and (2) of such part
(34 U.S.C. 10633(e)(1) and (2)).
(3) For the prosecution drug treatment alternatives to
prison program under part CC of title I of such Act of 1968
(34 U.S.C. 10581), the requirements under the second sentence
of section 2901(f) of such part (34 U.S.C. 10581(f)).
SEC. 214. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control
and Law Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not
apply to amounts made available by this or any other Act.
SEC. 215. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901), 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 Law 102–140 (105 Stat.
784; 28 U.S.C. 527 note) shall be 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 Act.
(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.
SEC. 217. Discretionary funds that are made available in this
Act for the Office of Justice Programs may be used to participate
in Performance Partnership Pilots authorized under section 526
of division H of Public Law 113–76, section 524 of division G
of Public Law 113–235, section 525 of division H of Public Law
114–113, and such authorities as are enacted for Performance Partnership Pilots in an appropriations Act for fiscal years 2017 and
2018.
This title may be cited as the ‘‘Department of Justice Appropriations Act, 2018’’.

H. R. 1625—81
TITLE III
SCIENCE
OFFICE

OF

SCIENCE

AND

TECHNOLOGY POLICY

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,
$5,544,000.
NATIONAL SPACE COUNCIL
For necessary expenses of the National Space Council, in carrying out the purposes of Title V of Public Law 100-685 and Executive Order 13803, 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,
$1,965,000: Provided, That notwithstanding any other provision
of law, the National Space Council may accept personnel support
from Federal agencies, departments, and offices, and such Federal
agencies, departments, and offices may detail staff without
reimbursement to the National Space Council for purposes provided
herein.
NATIONAL AERONAUTICS

AND

SPACE ADMINISTRATION

SCIENCE

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, $6,221,500,000, to remain
available until September 30, 2019: 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, $595,000,000 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

H. R. 1625—82
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 2020 budget the 5-year funding profile
necessary to achieve these goals.
AERONAUTICS

For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics 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,
$685,000,000, to remain available until September 30, 2019.
SPACE TECHNOLOGY

For necessary expenses, not otherwise provided for, in the
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,
$760,000,000, to remain available until September 30, 2019: Provided, That $130,000,000 shall be for RESTORE.
EXPLORATION

For necessary expenses, not otherwise provided for, in the
conduct and support of exploration 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,
$4,790,000,000, to remain available until September 30, 2019: 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
$895,000,000 shall be for Exploration Ground Systems, including
$350,000,000 for a second mobile launch platform and associated

H. R. 1625—83
SLS activities: 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 system that includes the Space Launch
System, the Orion Multi-Purpose Crew Vehicle, and associated
ground systems that will ensure an Exploration Mission-2 crewed
launch as early as possible, as well as a system-based funding
profile for a sustained launch cadence beyond the initial crewed
test launch: Provided further, That acquisition of Orion crew
vehicles, SLS launch vehicles, Exploration Ground Systems, mobile
launch platforms, and their associated components may be funded
incrementally in fiscal year 2018 and thereafter: Provided further,
That $395,000,000 shall be for exploration research and development.
SPACE OPERATIONS

For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and development
activities, including research, development, 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 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, $4,751,500,000, to remain
available until September 30, 2019.
EDUCATION

For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research, development, operations, support, and services; 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, $100,000,000, to remain
available until September 30, 2019, of which $18,000,000 shall
be for the Established Program to Stimulate Competitive Research
and $40,000,000 shall be for the National Space Grant College
and Fellowship Program.
SAFETY, SECURITY AND MISSION SERVICES

For necessary expenses, not otherwise provided for, in the
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

H. R. 1625—84
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,
$2,826,900,000, to remain available until September 30, 2019.
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, $562,240,000, 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 States Code.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $39,000,000, of
which $500,000 shall remain available until September 30, 2019.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)

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 otherwise specifically
provided, shall be increased by more than 10 percent by any 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 except
in compliance with the procedures set forth in that section.
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 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.

H. R. 1625—85
NATIONAL SCIENCE FOUNDATION
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; $6,334,476,000, 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, $182,800,000, to remain available until expended.
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 by section
3109 of title 5, United States Code, authorized travel, and rental
of conference rooms in the District of Columbia, $902,000,000, to
remain available until September 30, 2019.
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

H. R. 1625—86
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 available for official reception and representation
expenses.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $15,200,000, of
which $400,000 shall remain available until September 30, 2019.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)

Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science Foundation
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. Any transfer pursuant to this paragraph
shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
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 Act,
2018’’.
TITLE IV
RELATED AGENCIES
COMMISSION

ON

CIVIL RIGHTS

SALARIES AND EXPENSES

For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,700,000: 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).

H. R. 1625—87
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES

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, $379,500,000: 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 Commission may take no action
to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations of
the House of Representatives and the Senate have been notified
of such proposals, in accordance with the reprogramming requirements of section 505 of this Act: Provided further, That the Chair
is authorized to accept and use any gift or donation to carry out
the work of the Commission.
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES

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,
$93,700,000, to remain available until expended.
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,
$410,000,000, of which $376,000,000 is for basic field programs
and required independent audits; $5,100,000 is for the Office of
Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients; $19,400,000
is for management and grants oversight; $4,000,000 is for client
self-help and information technology; $4,500,000 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. 2996d(d)): Provided further, That the

H. R. 1625—88
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
SALARIES AND EXPENSES

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
SALARIES AND EXPENSES

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 authorized by section
3109 of title 5, United States Code, $57,600,000, of which $1,000,000
shall remain available until 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
(INCLUDING TRANSFER OF FUNDS)

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
SALARIES AND EXPENSES

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.) $5,121,000, of which $500,000 shall remain available until
September 30, 2019: Provided, That not to exceed $2,250 shall
be available for official reception and representation expenses: Provided further, That, for the purposes of section 505 of this Act,

H. R. 1625—89
the State Justice Institute shall be considered an agency of the
United States Government.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)

SEC. 501. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
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 funded by this
Act that remain available for obligation or expenditure in fiscal
year 2018, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
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; (6) contracts out
or privatizes any functions 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,

H. R. 1625—90
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 available for obligation
or expenditure except in compliance 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. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402
of chapter XIV of title II of Public Law 98–473 (34 U.S.C. 20101)
in any fiscal year in excess of $4,436,000,000 shall not be available
for obligation until the following fiscal year: Provided, That notwithstanding section 1402(d) of such Act, of the amounts available
from the Fund for obligation: (1) $10,000,000 shall remain available
until expended to the Department of Justice Office of Inspector
General for oversight and auditing purposes; and (2) 3 percent
shall be available to the Office for Victims of Crime for grants,

H. R. 1625—91
consistent with the requirements of the Victims of Crime Act,
to Indian tribes to improve services for victims of crime.
SEC. 511. None of the funds made available to the 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.
SEC. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 513. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation shall conduct audits, pursuant to
the Inspector General Act (5 U.S.C. App.), of grants or contracts
for which funds are appropriated by this Act, and shall submit
reports to Congress on the progress of such audits, which may
include preliminary findings and a description of areas of particular
interest, within 180 days after initiating such an audit and every
180 days thereafter until any such audit is completed.
(b) Within 60 days after the date on which an audit described
in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President,
as appropriate, shall make the results of the audit available to
the public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The
results shall be made available in redacted form to exclude—
(1) any matter described in section 552(b) of title 5, United
States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary
of Commerce, the Attorney General, the Administrator, Director,
or President, as appropriate, certifying that no funds derived from
the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial
interest in the person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director
of the Office of Management and Budget, in consultation with
the Director of the Office of Government Ethics, determines that
a uniform set of rules and requirements, substantially similar to
the requirements in such subsections, consistently apply under
the executive branch ethics program to all Federal departments,
agencies, and entities.
SEC. 514. (a) None of the funds appropriated or otherwise
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

H. R. 1625—92
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 cyberespionage 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 moderateimpact 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
Appropriations of the House of Representatives and the Senate
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, 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 articles.
(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

H. R. 1625—93
(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, 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.
SEC. 518. None of the funds made available in this Act may
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;
(2) paragraph 4 of article 17.9 of the United States–Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States–Morocco
Free Trade Agreement.
SEC. 519. None of the funds made available in this Act may
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

H. R. 1625—94
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.
SEC. 522. None of the funds appropriated or otherwise made
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, Economic
Development Administration, Economic Development Assistance
Programs, $10,000,000 is rescinded not later than September 30,
2018.
(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’’, $154,768,000;
(2) ‘‘Federal Bureau of Investigation, Salaries and
Expenses’’, $127,291,000 including from, but not limited to,
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’’, $15,000,000;

H. R. 1625—95
(4) ‘‘State and Local Law Enforcement Activities, Office
of Justice Programs’’, $40,000,000;
(5) ‘‘State and Local Law Enforcement Activities, Community Oriented Policing Services’’, $10,000,000; and
(6) ‘‘Legal Activities, Assets Forfeiture Fund’’, $304,000,000,
is permanently rescinded.
(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).
SEC. 524. None of the funds made available in this Act may
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.
SEC. 525. None of the funds made available in this Act may
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 the United States.
SEC. 526. None of the funds appropriated or otherwise made
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.
SEC. 527. (a) None of the funds appropriated or otherwise
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
Station, Guantanamo Bay, Cuba.
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

H. R. 1625—96
its annual performance plan and performance and accountability
reports the following:
(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
States.
(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 this Act.
(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.
SEC. 530. None of the funds made available by this Act 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.
SEC. 531. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless

H. R. 1625—97
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
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, the National Space Council,
and the State Justice Institute shall submit spending plans, signed
by the respective department or agency head, to the Committees
on Appropriations of the House of Representatives and the Senate
within 45 days after the date of enactment of this Act.
SEC. 533. None of the funds made available by this Act may
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 Committees
on Appropriations of the House of Representatives 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, 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.
SEC. 536. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or for performance that does not meet the basic requirements
of a contract.
SEC. 537. None of the funds made available by this Act may
be used in contravention of section 7606 (‘‘Legitimacy of Industrial
Hemp Research’’) of the Agricultural Act of 2014 (Public Law 113–
79) by the Department of Justice or the Drug Enforcement Administration.
SEC. 538. None of the funds made available under this Act
to the Department of Justice may be used, with respect to any
of the States of Alabama, Alaska, Arizona, Arkansas, California,
Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois,
Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana,
Nevada, New Hampshire, New Jersey, New Mexico, New York,

H. R. 1625—98
North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah,
Vermont, Virginia, Washington, West Virginia, Wisconsin, and
Wyoming, or with respect to the District of Columbia, Guam, or
Puerto Rico, to prevent any of them from implementing their own
laws that authorize the use, distribution, possession, or cultivation
of medical marijuana.
SEC. 539. Not later than 30 days after the enactment of this
Act, the Secretary of Commerce (Secretary) shall lift the stay on
the effective date of the final rule for the seafood import monitoring
program published by the Secretary on December 9, 2016, (81
Fed. Reg. 88975 et seq.) for the species described in section
300.324(a)(3) of title 50, Code of Federal Regulations: Provided,
That the compliance date for the species described in section
300.324(a)(3) of title 50, Code of Federal Regulations, shall occur
not later than December 31, 2018: Provided further, That not later
than December 31, 2018, the Secretary shall establish a traceability
program for United States inland, coastal, and marine aquaculture
of shrimp and abalone from point of production to entry into United
States commerce: Provided further, That the Secretary shall promulgate such regulations as are necessary and appropriate to establish
and implement the program: Provided further, That information
collected pursuant to a regulation promulgated under this section
shall be confidential and not be disclosed except for the information
disclosed under section 401(b)(1) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1881a(b)(1)): Provided further, That any regulations promulgated under this section
shall be enforced as if this section were a provision of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.) and the regulations were promulgated under such Act.
SEC. 540. For an additional amount for ‘‘Department of Justice,
State and Local Law Enforcement Activities, Office of Justice Programs, State and Local Law Enforcement Assistance’’, $2,500,000
to keep young athletes safe.
This division may be cited as the ‘‘Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2018’’.
DIVISION C—DEPARTMENT OF DEFENSE
APPROPRIATIONS ACT, 2018
TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $41,628,855,000.

H. R. 1625—99
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members
of the Reserve provided for elsewhere), midshipmen, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $28,772,118,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except
members of the Reserve provided for elsewhere); and for payments
pursuant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $13,231,114,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $28,790,440,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army Reserve on active
duty under sections 10211, 10302, and 3038 of title 10, United
States Code, or while serving on active duty under section 12301(d)
of title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States Code,
or while undergoing reserve training, or while performing drills
or equivalent duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $4,715,608,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Navy Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section

H. R. 1625—100
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and expenses
authorized by section 16131 of title 10, United States Code; and
for payments to the Department of Defense Military Retirement
Fund, $1,988,362,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Marine Corps Reserve
on active duty under section 10211 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title
10, United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent
duty, and for members of the Marine Corps platoon leaders class,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $764,903,000.
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air Force Reserve on
active duty under sections 10211, 10305, and 8038 of title 10,
United States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty or other duty, and expenses authorized
by section 16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$1,802,554,000.
NATIONAL GUARD PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army National Guard
while on duty under sections 10211, 10302, or 12402 of title 10
or section 708 of title 32, United States Code, or while serving
on duty under section 12301(d) of title 10 or section 502(f) of
title 32, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or
while undergoing training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department
of Defense Military Retirement Fund, $8,264,626,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air National Guard on
duty under sections 10211, 10305, or 12402 of title 10 or section
708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32,
United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or

H. R. 1625—101
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $3,408,817,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION

AND

MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$38,816,957,000: Provided, That not to exceed $12,478,000 can be
used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of the Army, and
payments may be made on his certificate of necessity for confidential
military purposes.
OPERATION

AND

MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law, $45,384,353,000: Provided, That not to exceed
$15,055,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate
of necessity for confidential military purposes.
OPERATION

AND

MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $6,605,546,000.
OPERATION

AND

MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$39,544,193,000: Provided, That not to exceed $7,699,000 can be
used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of the Air Force,
and payments may be made on his certificate of necessity for
confidential military purposes.
OPERATION

AND

MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $34,059,257,000: Provided, That not more than
$15,000,000 may be used for the Combatant Commander Initiative
Fund authorized under section 166a of title 10, United States
Code: Provided further, That not to exceed $36,000,000 can be
used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of Defense, and
payments may be made on his certificate of necessity for confidential

H. R. 1625—102
military purposes: Provided further, That of the funds provided
under this heading, not less than $38,458,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by
this Act may be used to plan or implement the consolidation of
a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces
into a legislative affairs or legislative liaison office: Provided further,
That $9,385,000, to remain available until expended, is available
only for expenses relating to certain classified activities, and may
be transferred as necessary by the Secretary of Defense to operation
and maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be available
for the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit
cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding
proviso: Provided further, That of the funds provided under this
heading, $631,670,000, of which $157,917,000, to remain available
until September 30, 2019, shall be available to provide support
and assistance to foreign security forces or other groups or individuals to conduct, support or facilitate counterterrorism, crisis
response, or other Department of Defense security cooperation programs: Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority provided
elsewhere in this Act.
OPERATION

AND

MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,877,104,000.
OPERATION

AND

MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,069,707,000.
OPERATION

AND

MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications, $284,837,000.

H. R. 1625—103
OPERATION

AND

MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,202,307,000.
OPERATION

AND

MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger
motor vehicles; personnel services in the National Guard Bureau;
travel expenses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard division,
regimental, and battalion commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying
and equipping the Army National Guard as authorized by law;
and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $7,284,170,000.
OPERATION

AND

MAINTENANCE, AIR NATIONAL GUARD

For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment and
related expenses in non-Federal hospitals; maintenance, operation,
and repairs to structures and facilities; transportation of things,
hire of passenger motor vehicles; supplying and equipping the Air
National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including
those furnished from stocks under the control of agencies of the
Department of Defense; travel expenses (other than mileage) on
the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $6,900,798,000.
UNITED STATES COURT

OF

APPEALS

FOR THE

ARMED FORCES

For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $14,538,000, of which not
to exceed $5,000 may be used for official representation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $235,809,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Army, or for similar purposes, transfer the funds made

H. R. 1625—104
available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to
be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
ENVIRONMENTAL RESTORATION, NAVY
(INCLUDING TRANSFER OF FUNDS)

For the Department of the Navy, $365,883,000, to remain available until transferred: Provided, That the Secretary of the Navy
shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the
Navy, or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made available to
the Department of the Navy, to be merged with and to be available
for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided elsewhere
in this Act.
ENVIRONMENTAL RESTORATION, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)

For the Department of the Air Force, $352,549,000, to remain
available until transferred: Provided, That the Secretary of the
Air Force shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Air Force, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and
to be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.

H. R. 1625—105
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)

For the Department of Defense, $19,002,000, to remain available until transferred: Provided, That the Secretary of Defense
shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of
Defense, or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made available to
the Department of Defense, to be merged with and to be available
for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided elsewhere
in this Act.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $248,673,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris at sites formerly
used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
OVERSEAS HUMANITARIAN, DISASTER,

AND

CIVIC AID

For expenses relating to the Overseas Humanitarian, Disaster,
and Civic Aid programs of the Department of Defense (consisting
of the programs provided under sections 401, 402, 404, 407, 2557,
and 2561 of title 10, United States Code), $129,900,000, to remain
available until September 30, 2019.
COOPERATIVE THREAT REDUCTION ACCOUNT
For assistance, including assistance provided by contract or
by grants, under programs and activities of the Department of
Defense Cooperative Threat Reduction Program authorized under
the Department of Defense Cooperative Threat Reduction Act,
$350,000,000, to remain available until September 30, 2020.

H. R. 1625—106
DEPARTMENT

OF

DEFENSE ACQUISITION WORKFORCE DEVELOPMENT
FUND

For the Department of Defense Acquisition Workforce Development Fund, $500,000,000, to remain available for obligation until
September 30, 2019: Provided, That no other amounts may be
otherwise credited or transferred to the Fund, or deposited into
the Fund, in fiscal year 2018 pursuant to section 1705(d) of title
10, United States Code: Provided further, That within 60 days
after the date of enactment of this Act, the Secretary of Defense
shall transfer to the Treasury from amounts made available under
this heading an amount equal to any amounts transferred to the
Fund for fiscal year 2018 before the date of the enactment of
this Act pursuant to section 1705(d)(3) of title 10, United States
Code, or any other provision of law: Provided further, That amounts
so transferred shall be deposited in the Treasury as miscellaneous
receipts.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $5,535,794,000, to
remain available for obligation until September 30, 2020.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $3,196,910,000, to
remain available for obligation until September 30, 2020.
PROCUREMENT

OF

WEAPONS

AND TRACKED COMBAT VEHICLES,
ARMY

For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment

H. R. 1625—107
and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $4,391,573,000, to
remain available for obligation until September 30, 2020.
PROCUREMENT

OF

AMMUNITION, ARMY

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $2,548,740,000, to
remain available for obligation until September 30, 2020.
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked combat
vehicles; the purchase of passenger motor vehicles for replacement
only; communications and electronic equipment; other support
equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $8,298,418,000, to
remain available for obligation until September 30, 2020.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment; expansion
of public and private plants, including the land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$19,957,380,000, to remain available for obligation until September
30, 2020.

H. R. 1625—108
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$3,510,590,000, to remain available for obligation until September
30, 2020.
PROCUREMENT

OF

AMMUNITION, NAVY

AND

MARINE CORPS

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $804,335,000, to
remain available for obligation until September 30, 2020.
SHIPBUILDING

AND

CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools
and installation thereof in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
procurement of critical, long lead time components and designs
for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title, as follows:
Ohio Replacement Submarine (AP), $861,853,000;
Carrier Replacement Program (CVN 80), $1,569,646,000;
Carrier Replacement Program (CVN 79), $2,561,058,000;
Virginia Class Submarine, $3,305,315,000;
Virginia Class Submarine (AP), $2,145,596,000;
CVN Refueling Overhauls, $1,569,669,000;
CVN Refueling Overhauls (AP), $75,897,000;
DDG–1000 Program, $216,968,000;
DDG–51 Destroyer, $3,357,079,000;
DDG–51 Destroyer (AP), $90,336,000;
Littoral Combat Ship, $1,566,971,000;
Amphibious Ship Replacement, $1,800,000,000;
Expeditionary Sea Base, $635,000,000;
LHA Replacement, $1,710,927,000;
Expeditionary Fast Transport, $225,000,000;
TAO Fleet Oiler, $457,988,000;
TAO Fleet Oiler (AP), $75,068,000;

H. R. 1625—109
Towing, Salvage, and Rescue Ship, $76,204,000;
T–AGS Oceanographic Survey Ship, $180,000,000;
Ship to Shore Connector, $524,554,000;
Service Craft, $62,994,000;
For outfitting, post delivery, conversions, and first destination transportation, $489,073,000;
Completion of Prior Year Shipbuilding Programs,
$117,542,000; and
Polar Icebreakers, $150,000,000.
In all: $23,824,738,000, to remain available for obligation until
September 30, 2022: Provided, That additional obligations may
be incurred after September 30, 2022, for engineering services,
tests, evaluations, and other such budgeted work that must be
performed in the final stage of ship construction: Provided further,
That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities for
the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall
be used for the construction of any naval vessel in foreign shipyards:
Provided further, That funds appropriated or otherwise made available by this Act for production of the common missile compartment
of nuclear-powered vessels may be available for multiyear procurement of critical components to support continuous production of
such compartments only in accordance with the provisions of subsection (i) of section 2218a of title 10, United States Code (as
added by section 1023 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114–328)).
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy ordnance
(except ordnance for new aircraft, new ships, and ships authorized
for conversion); the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants, including
the land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway,
$7,941,018,000, to remain available for obligation until September
30, 2020.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances, and
machine tools, and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; vehicles for the Marine Corps, including the purchase
of passenger motor vehicles for replacement only; and expansion
of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title,
$1,942,737,000, to remain available for obligation until September
30, 2020.

H. R. 1625—110
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories
therefor; specialized equipment; expansion of public and private
plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $18,504,556,000,
to remain available for obligation until September 30, 2020.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Government
and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation
of things, $2,207,747,000, to remain available for obligation until
September 30, 2020.
SPACE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Government
and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation
of things, $3,552,175,000, to remain available for obligation until
September 30, 2020.
PROCUREMENT

OF

AMMUNITION, AIR FORCE

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other

H. R. 1625—111
expenses necessary for the foregoing purposes, $1,651,977,000, to
remain available for obligation until September 30, 2020.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; lease of passenger
motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $20,503,273,000, to remain available for obligation until
September 30, 2020.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for;
the purchase of passenger motor vehicles for replacement only;
expansion of public and private plants, equipment, and installation
thereof in such plants, erection of structures, and acquisition of
land for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior
to approval of title; reserve plant and Government and contractorowned equipment layaway, $5,429,270,000, to remain available for
obligation until September 30, 2020.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of
1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $67,401,000, to remain
available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, ARMY

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$10,647,426,000, to remain available for obligation until September
30, 2019.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, NAVY

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,

H. R. 1625—112
$18,010,754,000, to remain available for obligation until September
30, 2019: Provided, That funds appropriated in this paragraph
which are available for the V–22 may be used to meet unique
operational requirements of the Special Operations Forces.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$37,428,078,000, to remain available for obligation until September
30, 2019.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic
and applied scientific research, development, test and evaluation;
advanced research projects as may be designated and determined
by the Secretary of Defense, pursuant to law; maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$22,010,975,000, to remain available for obligation until September
30, 2019: Provided, That, of the funds made available in this paragraph, $250,000,000 for the Defense Rapid Innovation Program
shall only be available for expenses, not otherwise provided for,
to include program management and oversight, to conduct research,
development, test and evaluation to include proof of concept demonstration; engineering, testing, and validation; and transition to
full-scale production: Provided further, That the Secretary of
Defense may transfer funds provided herein for the Defense Rapid
Innovation Program to appropriations for research, development,
test and evaluation to accomplish the purpose provided herein:
Provided further, That this transfer authority is in addition to
any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer
than 30 days prior to making transfers from this appropriation,
notify the congressional defense committees in writing of the details
of any such transfer.
OPERATIONAL TEST

AND

EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in
connection therewith, $210,900,000, to remain available for obligation until September 30, 2019.

H. R. 1625—113
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $1,685,596,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by
law, $34,428,167,000; of which $31,521,850,000 shall be for operation and maintenance, of which not to exceed one percent shall
remain available for obligation until September 30, 2019, and of
which up to $15,349,700,000 may be available for contracts entered
into under the TRICARE program; of which $867,002,000, to remain
available for obligation until September 30, 2020, shall be for
procurement; and of which $2,039,315,000, to remain available for
obligation until September 30, 2019, shall be for research, development, test and evaluation: Provided, That, notwithstanding any
other provision of law, of the amount made available under this
heading for research, development, test and evaluation, not less
than $8,000,000 shall be available for HIV prevention educational
activities undertaken in connection with United States military
training, exercises, and humanitarian assistance activities conducted primarily in African nations: Provided further, That of the
funds provided under this heading for research, development, test
and evaluation, not less than $1,095,100,000 shall be made available
to the United States Army Medical Research and Materiel Command to carry out the congressionally directed medical research
programs.
CHEMICAL AGENTS

AND

MUNITIONS DESTRUCTION, DEFENSE

For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, $961,732,000, of
which $104,237,000 shall be for operation and maintenance, of
which no less than $49,401,000 shall be for the Chemical Stockpile
Emergency Preparedness Program, consisting of $21,045,000 for
activities on military installations and $28,356,000, to remain available until September 30, 2019, to assist State and local governments; $18,081,000 shall be for procurement, to remain available
until September 30, 2020, of which $16,787,000 shall be for the
Chemical Stockpile Emergency Preparedness Program to assist
State and local governments and $1,294,000 for activities on military installations; and $839,414,000, to remain available until September 30, 2019, shall be for research, development, test and evaluation, of which $831,900,000 shall only be for the Assembled Chemical Weapons Alternatives program.

H. R. 1625—114
DRUG INTERDICTION

AND

COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United
States Code; for operation and maintenance; for procurement; and
for research, development, test and evaluation, $934,814,000, of
which $552,648,000 shall be for counter-narcotics support;
$120,813,000 shall be for the drug demand reduction program;
$236,353,000 shall be for the National Guard counter-drug program;
and $25,000,000 shall be for the National Guard counter-drug
schools program: Provided, That the funds appropriated under this
heading shall be available for obligation for the same time period
and for the same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act.
OFFICE

OF THE INSPECTOR

GENERAL

For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act
of 1978, as amended, $321,887,000, of which $319,087,000 shall
be for operation and maintenance, of which not to exceed $700,000
is available for emergencies and extraordinary expenses to be
expended on the approval or authority of the Inspector General,
and payments may be made on the Inspector General’s certificate
of necessity for confidential military purposes; and of which
$2,800,000, to remain available until September 30, 2019, shall
be for research, development, test and evaluation.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT
SYSTEM FUND

AND

DISABILITY

For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding level
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System, $514,000,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
For necessary expenses of the Intelligence Community Management Account, $537,600,000.

H. R. 1625—115
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national
employees of the Department of Defense funded by this Act shall
not be at a rate in excess of the percentage increase authorized
by law for civilian employees of the Department of Defense whose
pay is computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percentage increase
provided by the appropriate host nation to its own employees,
whichever is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided further, That the limitations of this provision shall not
apply to foreign national employees of the Department of Defense
in the Republic of Turkey.
SEC. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year, unless expressly so provided herein.
SEC. 8004. No more than 25 percent of the appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer
camp training of the Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget, transfer
not to exceed $4,250,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction)
between such appropriations or funds or any subdivision thereof,
to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer may
not be used unless for higher priority items, based on unforeseen
military requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in this
Act: Provided further, That no part of the funds in this Act shall
be available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the

H. R. 1625—116
item for which reprogramming is requested has been denied by
the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this section
shall be made prior to June 30, 2018: Provided further, That transfers among military personnel appropriations shall not be taken
into account for purposes of the limitation on the amount of funds
that may be transferred under this section.
SEC. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments
to budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act, the
obligation and expenditure of amounts appropriated or otherwise
made available in this Act for those programs, projects, and activities for which the amounts appropriated exceed the amounts
requested are hereby required by law to be carried out in the
manner provided by such tables to the same extent as if the tables
were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section
8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts.
SEC. 8007. (a) Not later than 60 days after enactment of this
Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application
of reprogramming and transfer authorities for fiscal year 2018:
Provided, That 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 budget activity and program, project, and activity as detailed
in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that
such reprogramming or transfer is necessary as an emergency
requirement: Provided, That this subsection shall not apply to transfers from the following appropriations accounts:
(1) ‘‘Environmental Restoration, Army’’;
(2) ‘‘Environmental Restoration, Navy’’;
(3) ‘‘Environmental Restoration, Air Force’’;
(4) ‘‘Environmental Restoration, Defense-Wide’’;
(5) ‘‘Environmental Restoration, Formerly Used Defense
Sites’’; and
(6) ‘‘Drug Interdiction and Counter-drug Activities,
Defense’’.

H. R. 1625—117
(TRANSFER OF FUNDS)

SEC. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided further,
That transfers may be made between working capital funds and
the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and
the ‘‘Operation and Maintenance’’ appropriation accounts in such
amounts as may be determined by the Secretary of Defense, with
the approval of the Office of Management and Budget, except that
such transfers may not be made unless the Secretary of Defense
has notified the Congress of the proposed transfer: Provided further,
That except in amounts equal to the amounts appropriated to
working capital funds in this Act, no obligations may be made
against a working capital fund to procure or increase the value
of war reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
SEC. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
SEC. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one
year of the contract or that includes an unfunded contingent liability
in excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any one year,
unless the congressional defense committees have been notified
at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act
shall be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government’s liability: Provided further,
That no part of any appropriation contained in this Act shall
be available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract can be
terminated without 30-day prior notification to the congressional
defense committees: Provided further, That the execution of
multiyear authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may
be used for a multiyear contract executed after the date of the
enactment of this Act unless in the case of any such contract—
(1) the Secretary of Defense has submitted to Congress
a budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement
of aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full
funding of procurement of such unit in that fiscal year;

H. R. 1625—118
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
a multiyear procurement contract as follows: V–22 Osprey aircraft
variants; up to 13 SSN Virginia Class Submarines and Governmentfurnished equipment; and DDG–51 Arleigh Burke class Flight III
guided missile destroyers, the MK41 Vertical Launching Systems,
and associated Government-furnished systems and subsystems: Provided, That the term of any multiyear procurement contract for
V–22 Osprey aircraft variants entered into for use of any part
of any appropriation contained in this Act may not exceed 5 years.
SEC. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code,
for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code. Such funds may also be obligated
for humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of
chapter 20 of title 10, United States Code, and these obligations
shall be reported as required by section 401(d) of title 10, United
States Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized
by Public Law 99–239: Provided further, That upon a determination
by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian
patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
SEC. 8012. (a) During the current fiscal year, the civilian personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such personnel during that fiscal year shall not be subject to any constraint
or limitation (known as an end-strength) on the number of such
personnel who may be employed on the last day of such fiscal
year.
(b) The fiscal year 2019 budget request for the Department
of Defense as well as all justification material and other documentation supporting the fiscal year 2019 Department of Defense budget
request shall be prepared and submitted to the Congress as if
subsections (a) and (b) of this provision were effective with regard
to fiscal year 2019.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10
U.S.C. 2358 note) civilian personnel at the Department of Army

H. R. 1625—119
Science and Technology Reinvention Laboratories may not be managed on the basis of the Table of Distribution and Allowances,
and the management of the workforce strength shall be done in
a manner consistent with the budget available with respect to
such Laboratories.
(d) Nothing in this section shall be construed to apply to military (civilian) technicians.
SEC. 8013. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
the Congress.
SEC. 8014. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member of
the Army participating as a full-time student and receiving benefits
paid by the Secretary of Veterans Affairs from the Department
of Defense Education Benefits Fund when time spent as a fulltime student is credited toward completion of a service commitment:
Provided, That this section shall not apply to those members who
have reenlisted with this option prior to October 1, 1987: Provided
further, That this section applies only to active components of
the Army.
(TRANSFER OF FUNDS)

SEC. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Prote´ge´ Program may be transferred to any other appropriation contained in this Act solely for
the purpose of implementing a Mentor-Prote´ge´ Program developmental assistance agreement pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2302 note), as amended, under the
authority of this provision or any other transfer authority contained
in this Act.
SEC. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its departments
and agencies) of welded shipboard anchor and mooring chain 4
inches in diameter and under unless the anchor and mooring chain
are manufactured in the United States from components which
are substantially manufactured in the United States: Provided,
That for the purpose of this section, the term ‘‘manufactured’’ shall
include cutting, heat treating, quality control, testing of chain and
welding (including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially all of
the components of anchor and mooring chain shall be considered
to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United
States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That
when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary
of the service responsible for the procurement may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security purposes.
SEC. 8017. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and

H. R. 1625—120
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located
in the United States unless such malt beverages and wine are
procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That, in a case in which the
military installation is located in more than one State, purchases
may be made in any State in which the installation is located:
Provided further, That such local procurement requirements for
malt beverages and wine shall apply to all alcoholic beverages
only for military installations in States which are not contiguous
with another State: Provided further, That alcoholic beverages other
than wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
SEC. 8018. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M–1 Carbines,
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles,
or M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited
from commercial sale under Federal law, unless the small arms
ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for
further use.
SEC. 8019. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single fiscal
year for any single relocation of an organization, unit, activity
or function of the Department of Defense into or within the National
Capital Region: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing
to the congressional defense committees that such a relocation
is required in the best interest of the Government.
SEC. 8020. Of the funds made available in this Act, $20,000,000
shall be available for incentive payments authorized by section
504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): Provided,
That a prime contractor or a subcontractor at any tier that makes
a subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be considered
a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544) whenever the prime contract or subcontract amount
is over $500,000 and involves the expenditure of funds appropriated
by an Act making appropriations for the Department of Defense
with respect to any fiscal year: Provided further, That notwithstanding section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract
at any tier for acquisition of commercial items produced or manufactured, in whole or in part, by any subcontractor or supplier defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
SEC. 8021. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or international
political or psychological activities.

H. R. 1625—121
SEC. 8022. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided,
That, upon receipt, such contributions from the Government of
Kuwait shall be credited to the appropriations or fund which
incurred such obligations.
SEC. 8023. (a) Of the funds made available in this Act, not
less than $43,100,000 shall be available for the Civil Air Patrol
Corporation, of which—
(1) $30,800,000 shall be available from ‘‘Operation and
Maintenance, Air Force’’ to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities,
and drug demand reduction activities involving youth programs;
(2) $10,600,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and
(3) $1,700,000 shall be available from ‘‘Other Procurement,
Air Force’’ for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement
for any funds used by the Civil Air Patrol for counter-drug activities
in support of Federal, State, and local government agencies.
SEC. 8024. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated by
an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs
and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to
any defense FFRDC, except when acting in a technical advisory
capacity, may be compensated for his or her services as a member
of such entity, or as a paid consultant by more than one FFRDC
in a fiscal year: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through
a fee or other payment mechanism, for construction of new buildings
not located on a military installation, for payment of cost sharing
for projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2018, not more
than 6,030 staff years of technical effort (staff years) may be funded
for defense FFRDCs: Provided, That, of the specific amount referred
to previously in this subsection, not more than 1,125 staff years
may be funded for the defense studies and analysis FFRDCs: Provided further, That this subsection shall not apply to staff years
funded in the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).

H. R. 1625—122
(e) The Secretary of Defense shall, with the submission of
the department’s fiscal year 2019 budget request, submit a report
presenting the specific amounts of staff years of technical effort
to be allocated for each defense FFRDC during that fiscal year
and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced
by $131,000,000.
SEC. 8025. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy, or armor steel
plate for use in any Government-owned facility or property under
the control of the Department of Defense which were not melted
and rolled in the United States or Canada: Provided, That these
procurement restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretary
of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which are in
being as of the date of the enactment of this Act.
SEC. 8026. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Armed Services Committee of the
House of Representatives, the Armed Services Committee of the
Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
SEC. 8027. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the production
of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities
and private firms: Provided, That the Senior Acquisition Executive
of the military department or Defense Agency concerned, with power
of delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A–76 shall not apply to competitions conducted under
this section.
SEC. 8028. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States
that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy American Act
with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the
United States and a foreign country pursuant to which the Secretary

H. R. 1625—123
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to the Congress
a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2018. Such report shall separately
indicate the dollar value of items for which the Buy American
Act was waived pursuant to any agreement described in subsection
(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),
or any international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy American Act’’
means chapter 83 of title 41, United States Code.
SEC. 8029. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.
2687 note) shall be available until expended for the payments
specified by section 2921(c)(2) of that Act.
SEC. 8030. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the States
of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington relocatable military housing units
located at Grand Forks Air Force Base, Malmstrom Air Force Base,
Mountain Home Air Force Base, Ellsworth Air Force Base, and
Minot Air Force Base that are excess to the needs of the Air
Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a) in
accordance with the request for such units that are submitted
to the Secretary by the Operation Walking Shield Program on
behalf of Indian tribes located in the States of Nevada, Idaho,
North Dakota, South Dakota, Montana, Oregon, Minnesota, and
Washington. Any such conveyance shall be subject to the condition
that the housing units shall be removed within a reasonable period
of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the
Air Force under subsection (b).
(d) In this section, the term ‘‘Indian tribe’’ means any recognized
Indian tribe included on the current list published by the Secretary
of the Interior under section 104 of the Federally Recognized Indian
Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C.
5131).
SEC. 8031. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment
item unit cost of not more than $250,000.
SEC. 8032. None of the funds made available by this Act may
be used to—
(1) disestablish, or prepare to disestablish, a Senior Reserve
Officers’ Training Corps program in accordance with Department of Defense Instruction Number 1215.08, dated June 26,
2006; or
(2) close, downgrade from host to extension center, or place
on probation a Senior Reserve Officers’ Training Corps program

H. R. 1625—124
in accordance with the information paper of the Department
of the Army titled ‘‘Army Senior Reserve Officer’s Training
Corps (SROTC) Program Review and Criteria’’, dated January
27, 2014.
SEC. 8033. The Secretary of Defense shall issue regulations
to prohibit the sale of any tobacco or tobacco-related products in
military resale outlets in the United States, its territories and
possessions at a price below the most competitive price in the
local community: Provided, That such regulations shall direct that
the prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
SEC. 8034. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for
sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense
Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during
fiscal year 1994 and if the purchase of such an investment item
would be chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2019 budget request for the Department
of Defense as well as all justification material and other documentation supporting the fiscal year 2019 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2019 procurement appropriation
and not in the supply management business area or any other
area or category of the Department of Defense Working Capital
Funds.
SEC. 8035. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain available
for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2019: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior
or subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred to
the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National
Security Act of 1947 (50 U.S.C. 3093) shall remain available until
September 30, 2019.
SEC. 8036. Up to $10,322,000 of the funds appropriated under
the heading ‘‘Operation and Maintenance, Navy’’ may be made
available for the Asia Pacific Regional Initiative Program for the
purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and
payment of incremental and personnel costs of training and exercising with foreign security forces: Provided, That funds made available for this purpose may be used, notwithstanding any other
funding authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds may

H. R. 1625—125
not be obligated to provide assistance to any foreign country that
is otherwise prohibited from receiving such type of assistance under
any other provision of law.
SEC. 8037. Of the funds appropriated to the Department of
Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, not less than $12,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative support,
the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and
cost to complete estimates for mitigation, on Indian lands resulting
from Department of Defense activities.
SEC. 8038. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy American
Act. For purposes of this subsection, the term ‘‘Buy American Act’’
means chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Made
in America’’ inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending
the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products
are cost-competitive, quality competitive, and available in a timely
fashion.
SEC. 8039. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces
or civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee’s place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and the
Senate that the granting of the waiver will reduce the personnel
requirements or the financial requirements of the department.
(c) This section does not apply to—
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or

H. R. 1625—126
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary Operations for the Department of Defense and authorized
Federal entities.
SEC. 8040. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an activity
or function of the Department of Defense that, on or after the
date of the enactment of this Act, is performed by Department
of Defense civilian employees unless—
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or
exceeds the lesser of—
(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by—
(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed
in the performance of that activity or function under the
contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to contribute less towards the premium or subscription share
than the amount that is paid by the Department of Defense
for health benefits for civilian employees under chapter
89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection
(a) of this section or subsection (a), (b), or (c) of section 2461
of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have
full authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that—
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O’Day Act (section 8503 of
title 41, United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped individuals in accordance with
that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe,
as defined in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).

H. R. 1625—127
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of
title 10, United States Code.
(c) The conversion of any activity or function of the Department
of Defense under the authority provided by this section shall be
credited toward any competitive or outsourcing goal, target, or
measurement that may be established by statute, regulation, or
policy and is deemed to be awarded under the authority of, and
in compliance with, subsection (h) of section 2304 of title 10, United
States Code, for the competition or outsourcing of commercial activities.
(RESCISSIONS)

SEC. 8041. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended:
‘‘Other Procurement, Army’’, 2016/2018, $5,517,000;
‘‘Aircraft Procurement, Navy’’, 2016/2018, $172,000,000;
‘‘Aircraft Procurement, Air Force’’, 2016/2018, $56,900,000;
‘‘Procurement of Ammunition, Air Force’’, 2016/2018,
$5,000,000;
‘‘Procurement, Defense-wide’’, 2016/2018, $7,264,000;
‘‘Missile Procurement, Army’’, 2017/2019, $19,319,000;
‘‘Aircraft Procurement, Army’’, 2017/2019, $17,000,000;
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army’’, 2017/2019, $7,064,000;
‘‘Procurement
of
Ammunition,
Army’’,
2017/2019,
$15,507,000;
‘‘Other Procurement, Army’’, 2017/2019, $12,535,000;
‘‘Aircraft Procurement, Navy’’, 2017/2019, $45,900,000;
‘‘Weapons Procurement, Navy’’, 2017/2019, $32,200,000;
‘‘Shipbuilding and Conversion, Navy: Carrier Replacement
Program’’, 2017/2021, $14,000,000;
‘‘Aircraft Procurement, Air Force’’, 2017/2019, $78,347,000;
‘‘Missile Procurement, Air Force’’, 2017/2019, $31,639,000;
‘‘Space Procurement, Air Force’’, 2017/2019, $34,900,000;
‘‘Procurement of Ammunition, Air Force’’, 2017/2019,
$18,000,000;
‘‘Other Procurement, Air Force’’, 2017/2019, $136,691,000;
‘‘Research, Development, Test and Evaluation, Army’’,
2017/2018, $62,331,000;
‘‘Research, Development, Test and Evaluation, Navy’’, 2017/
2018, $9,128,000;
‘‘Research, Development, Test and Evaluation, Air Force’’,
2017/2018, $131,000,000; and
‘‘Defense Health Program: Research, Development, Test
and Evaluation’’, 2017/2018, $30,000,000.
SEC. 8042. None of the funds available in this Act may be
used to reduce the authorized positions for military technicians
(dual status) of the Army National Guard, Air National Guard,

H. R. 1625—128
Army Reserve and Air Force Reserve for the purpose of applying
any administratively imposed civilian personnel ceiling, freeze, or
reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure.
SEC. 8043. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
to the Democratic People’s Republic of Korea unless specifically
appropriated for that purpose.
SEC. 8044. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the activities
and programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That nothing in
this section authorizes deviation from established Reserve and
National Guard personnel and training procedures.
SEC. 8045. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency
of the United States except as specifically provided in an appropriations law.
SEC. 8046. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible
for such procurement may waive this restriction on a case-bycase basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to
the purchase of ‘‘commercial items’’, as defined by section 103
of title 41, United States Code, except that the restriction shall
apply to ball or roller bearings purchased as end items.
SEC. 8047. Of the amounts appropriated for ‘‘Working Capital
Fund, Army’’, $99,000,000 shall be available to maintain competitive
rates at the arsenals.
SEC. 8048. None of the funds made available by this Act for
Evolved Expendable Launch Vehicle service competitive procurements may be used unless the competitive procurements are open
for award to all certified providers of Evolved Expendable Launch
Vehicle-class systems: Provided, That the award shall be made
to the provider that offers the best value to the government.
SEC. 8049. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the

H. R. 1625—129
national interest, the Secretary shall make grants in the amounts
specified as follows: $20,000,000 to the United Service Organizations
and $24,000,000 to the Red Cross.
SEC. 8050. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security purposes
that is not available from United States manufacturers.
SEC. 8051. Notwithstanding any other provision in this Act,
the Small Business Innovation Research program and the Small
Business Technology Transfer program set-asides shall be taken
proportionally from all programs, projects, or activities to the extent
they contribute to the extramural budget.
SEC. 8052. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee
when—
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee;
and
(2) such bonus is part of restructuring costs associated
with a business combination.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8053. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred
to appropriations available for the pay of military personnel, to
be merged with, and to be available for the same time period
as the appropriations to which transferred, to be used in support
of such personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.
SEC. 8054. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the
period of availability for obligation has expired or which has closed
under the provisions of section 1552 of title 31, United States
Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be
charged to any current appropriation account for the same purpose
as the expired or closed account if—
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101–510, as amended (31 U.S.C. 1551 note): Provided,
That in the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a negative

H. R. 1625—130
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to
1 percent of the total appropriation for that account.
SEC. 8055. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis. The
Chief of the National Guard Bureau shall establish the amount
of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning Project
and be available to defray the costs associated with the use of
equipment of the project under that subsection. Such funds shall
be available for such purposes without fiscal year limitation.
SEC. 8056. None of the funds available to the Department
of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of United States Navy forces assigned to the Pacific
fleet: Provided, That the command and control relationships which
existed on October 1, 2004, shall remain in force until a written
modification has been proposed to the House and Senate Appropriations Committees: Provided further, That the proposed modification
may be implemented 30 days after the notification unless an objection is received from either the House or Senate Appropriations
Committees: Provided further, That any proposed modification shall
not preclude the ability of the commander of United States Pacific
Command to meet operational requirements.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8057. Of the funds appropriated in this Act under the
heading ‘‘Operation and Maintenance, Defense-wide’’, $35,000,000
shall be for continued implementation and expansion of the Sexual
Assault Special Victims’ Counsel Program: Provided, That the funds
are made available for transfer to the Department of the Army,
the Department of the Navy, and the Department of the Air Force:
Provided further, That funds transferred shall be merged with
and available for the same purposes and for the same time period
as the appropriations to which the funds are transferred: Provided
further, That this transfer authority is in addition to any other
transfer authority provided in this Act.
SEC. 8058. None of the funds appropriated in title IV of this
Act may be used to procure end-items for delivery to military
forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items
used in development, prototyping, and test activities preceding and
leading to acceptance for operational use: Provided further, That
the Secretary of Defense shall, not later than 60 days after enactment of this Act, submit a report detailing the use of funds
requested in research, development, test and evaluation accounts
for end-items used in development, prototyping and test activities
preceding and leading to acceptance for operational use: Provided
further, That this restriction does not apply to programs funded
within the National Intelligence Program: Provided further, That

H. R. 1625—131
the Secretary of Defense may waive this restriction on a caseby-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that
it is in the national security interest to do so.
SEC. 8059. (a) The Secretary of Defense may, on a case-bycase basis, waive with respect to a foreign country each limitation
on the procurement of defense items from foreign sources provided
in law if the Secretary determines that the application of the
limitation with respect to that country would invalidate cooperative
programs entered into between the Department of Defense and
the foreign country, or would invalidate reciprocal trade agreements
for the procurement of defense items entered into under section
2531 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced
in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or after
the date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters
50–65) of the Harmonized Tariff Schedule of the United States
and products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215,
and 9404.
SEC. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8061. Of the amounts appropriated for ‘‘Operation and
Maintenance, Navy’’, up to $1,000,000 shall be available for transfer
to the John C. Stennis Center for Public Service Development
Trust Fund established under section 116 of the John C. Stennis
Center for Public Service Training and Development Act (2 U.S.C.
1105).
SEC. 8062. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ‘‘Research, Development,
Test and Evaluation, Defense-Wide’’ for any new start advanced
concept technology demonstration project or joint capability demonstration project may only be obligated 45 days after a report,
including a description of the project, the planned acquisition and
transition strategy and its estimated annual and total cost, has
been provided in writing to the congressional defense committees:
Provided, That the Secretary of Defense may waive this restriction

H. R. 1625—132
on a case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
SEC. 8063. The Secretary of Defense shall continue to provide
a classified quarterly report to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as
directed in the classified annex accompanying this Act.
SEC. 8064. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard
serving on full-time National Guard duty under section 502(f) of
title 32, United States Code, may perform duties in support of
the ground-based elements of the National Ballistic Missile Defense
System.
SEC. 8065. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of ‘‘armor
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary
(API)’’, or ‘‘armor-piercing incendiary tracer (API–T)’’, except to
an entity performing demilitarization services for the Department
of Defense under a contract that requires the entity to demonstrate
to the satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Permanent
Export of Unclassified Military Articles issued by the Department
of State.
SEC. 8066. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise would
be required under section 2667 of title 10, United States Code,
in the case of a lease of personal property for a period not in
excess of 1 year to any organization specified in section 508(d)
of title 32, United States Code, or any other youth, social, or
fraternal nonprofit organization as may be approved by the Chief
of the National Guard Bureau, or his designee, on a case-by-case
basis.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8067. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Army’’, $66,881,780 shall
remain available until expended: Provided, That, notwithstanding
any other provision of law, the Secretary of Defense is authorized
to transfer such funds to other activities of the Federal Government:
Provided further, That the Secretary of Defense is authorized to
enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided further,
That contracts entered into under the authority of this section
may provide for such indemnification as the Secretary determines
to be necessary: Provided further, That projects authorized by this
section shall comply with applicable Federal, State, and local law
to the maximum extent consistent with the national security, as
determined by the Secretary of Defense.
SEC. 8068. (a) None of the funds appropriated in this or any
other Act may be used to take any action to modify—

H. R. 1625—133
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request
is presented in the unclassified P–1, R–1, and O–1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided such
change is otherwise in accordance with paragraphs (a)(1)–(3).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and
develop detailed proposals for alternative financial management
processes. Such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative
processes will adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary of Defense shall—
(1) provide the proposed alternatives to all affected agencies;
(2) receive certification from all affected agencies attesting
that the proposed alternatives will help achieve auditability,
improve fiscal reporting, and will not adversely affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees.
SEC. 8069. In addition to amounts provided elsewhere in this
Act, $10,000,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended: Provided,
That notwithstanding any other provision of law, that upon the
determination of the Secretary of Defense that it shall serve the
national interest, these funds shall be available only for a grant
to the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or hospitalization of an eligible military beneficiary.
SEC. 8070. Any notice that is required to be submitted to
the Committees on Appropriations of the Senate and the House
of Representatives under section 806(c)(4) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C.
2302 note) after the date of the enactment of this Act shall be
submitted pursuant to that requirement concurrently to the Subcommittees on Defense of the Committees on Appropriations of
the Senate and the House of Representatives.

H. R. 1625—134
(INCLUDING TRANSFER OF FUNDS)

SEC. 8071. Of the amounts appropriated in this Act under
the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Research, Development, Test and Evaluation, Defense-Wide’’, $705,800,000 shall be
for the Israeli Cooperative Programs: Provided, That of this amount,
$92,000,000 shall be for the Secretary of Defense to provide to
the Government of Israel for the procurement of the Iron Dome
defense system to counter short-range rocket threats, subject to
the U.S.-Israel Iron Dome Procurement Agreement, as amended;
$221,500,000 shall be for the Short Range Ballistic Missile Defense
(SRBMD) program, including cruise missile defense research and
development under the SRBMD program, of which $120,000,000
shall be for co-production activities of SRBMD systems in the United
States and in Israel to meet Israel’s defense requirements consistent
with each nation’s laws, regulations, and procedures, subject to
the U.S.-Israeli co-production agreement for SRBMD, as amended;
$310,000,000 shall be for an upper-tier component to the Israeli
Missile Defense Architecture, of which $120,000,000 shall be for
co-production activities of Arrow 3 Upper Tier systems in the United
States and in Israel to meet Israel’s defense requirements consistent
with each nation’s laws, regulations, and procedures, subject to
the U.S.-Israeli co-production agreement for Arrow 3 Upper Tier,
as amended, of which $105,000,000 shall be for testing of the
upper-tier component to the Israeli Missile Defense Architecture
in the United States; and $82,300,000 shall be for the Arrow System
Improvement Program including development of a long range,
ground and airborne, detection suite: Provided further, That the
transfer authority provided under this provision is in addition to
any other transfer authority contained in this Act.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8072. Of the amounts appropriated in this Act under
the heading ‘‘Shipbuilding and Conversion, Navy’’, $117,542,000
shall be available until September 30, 2018, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of this
Act, the Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified: Provided further, That
the amounts transferred shall be merged with and be available
for the same purposes as the appropriations to which transferred
to:
(1) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2008/2018: Carrier Replacement Program $20,000,000;
(2) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2012/2018: DDG–51 Destroyer $19,436,000;
(3) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2012/2018: Littoral Combat Ship $6,394,000;
(4) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2012/2018: LHA Replacement $14,200,000;
(5) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2013/2018: DDG–51 Destroyer $31,941,000;
(6) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2014/2018: Litoral Combat Ship $20,471,000; and
(7) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2015/2018: LCAC $5,100,000.
SEC. 8073. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence activities are

H. R. 1625—135
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.
SEC. 8074. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming
of funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
SEC. 8075. The budget of the President for fiscal year 2019
submitted to the Congress pursuant to section 1105 of title 31,
United States Code, shall include separate budget justification documents for costs of United States Armed Forces’ participation in
contingency operations for the Military Personnel accounts, the
Operation and Maintenance accounts, the Procurement accounts,
and the Research, Development, Test and Evaluation accounts:
Provided, That these documents shall include a description of the
funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for
each appropriations account: Provided further, That these documents shall include estimated costs for each element of expense
or object class, a reconciliation of increases and decreases for each
contingency operation, and programmatic data including, but not
limited to, troop strength for each Active and Reserve component,
and estimates of the major weapons systems deployed in support
of each contingency: Provided further, That these documents shall
include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal
years.
SEC. 8076. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or deployment
of nuclear armed interceptors of a missile defense system.
SEC. 8077. Notwithstanding any other provision of this Act,
to reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $4,000,000.
SEC. 8078. The Secretary of Defense may use up to $800,000,000
of the amounts appropriated or otherwise made available in this
Act to the Department of Defense for the rapid acquisition and
deployment of supplies and associated support services pursuant
to section 806 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302
note): Provided, That the Secretary of Defense shall notify the
congressional defense committees promptly of all uses of this
authority.
SEC. 8079. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the operation
of the 53rd Weather Reconnaissance Squadron of the Air Force
Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided,
That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
SEC. 8080. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during

H. R. 1625—136
the conduct of authorized foreign intelligence activities: Provided,
That information pertaining to United States persons shall only
be handled in accordance with protections provided in the Fourth
Amendment of the United States Constitution as implemented
through Executive Order No. 12333.
SEC. 8081. (a) None of the funds appropriated by this Act
may be used to transfer research and development, acquisition,
or other program authority relating to current tactical unmanned
aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV)
in order to support the Secretary of Defense in matters relating
to the employment of unmanned aerial vehicles.
SEC. 8082. None of the funds appropriated by this Act for
programs of the Office of the Director of National Intelligence
shall remain available for obligation beyond the current fiscal year,
except for funds appropriated for research and technology, which
shall remain available until September 30, 2019.
SEC. 8083. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act
under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be
considered to be for the same purpose as any subdivision under
the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations
in any prior fiscal year, and the 1 percent limitation shall apply
to the total amount of the appropriation.
SEC. 8084. (a) Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit
a report to the congressional intelligence committees to establish
the baseline for application of reprogramming and transfer authorities for fiscal year 2018: Provided, That 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 by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of
National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement.
SEC. 8085. None of the funds made available by this Act may
be used to eliminate, restructure, or realign Army Contracting
Command—New Jersey or make disproportionate personnel reductions at any Army Contracting Command—New Jersey sites without
30-day prior notification to the congressional defense committees.
SEC. 8086. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available by
this Act, for support to friendly foreign countries in connection
with the conduct of operations in which the United States is not
participating, pursuant to section 331(d) Title 10 U.S.C. shall be
made in accordance with sections 8005 or 9002 of this Act, as
applicable.

H. R. 1625—137
SEC. 8087. Any transfer of amounts appropriated to, credited
to, or deposited in the Department of Defense Acquisition Workforce
Development Fund in or for fiscal year 2018 to a military department or Defense Agency pursuant to section 1705(e)(1) of title
10, United States Code, shall be covered by and subject to sections
8005 or 9002 of this Act, as applicable.
SEC. 8088. None of the funds made available by this Act for
excess defense articles, assistance under section 333 of title 10,
United States Code, or peacekeeping operations for the countries
designated annually to be in violation of the standards of the
Child Soldiers Prevention Act of 2008 (Public Law 110–457; 22
U.S.C. 2370c–1) may be used to support any military training
or operation that includes child soldiers, as defined by the Child
Soldiers Prevention Act of 2008, unless such assistance is otherwise
permitted under section 404 of the Child Soldiers Prevention Act
of 2008.
SEC. 8089. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall
be available for obligation or expenditure through a reprogramming
or transfer of funds in accordance with section 102A(d) of the
National Security Act of 1947 (50 U.S.C. 3024(d)) that—
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National Intelligence
Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified 30
days in advance of such reprogramming of funds; this notification
period may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available
for obligation or expenditure through a reprogramming or transfer
of funds in accordance with section 102A(d) of the National Security
Act of 1947 (50 U.S.C. 3024(d)) that results in a cumulative increase
or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees
are notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national security
requirements.
SEC. 8090. The Director of National Intelligence shall submit
to Congress each year, at or about the time that the President’s
budget is submitted to Congress that year under section 1105(a)
of title 31, United States Code, a future-years intelligence program
(including associated annexes) reflecting the estimated expenditures
and proposed appropriations included in that budget. Any such
future-years intelligence program shall cover the fiscal year with
respect to which the budget is submitted and at least the four
succeeding fiscal years.
SEC. 8091. For the purposes of this Act, the term ‘‘congressional
intelligence committees’’ means the Permanent Select Committee
on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense
of the Committee on Appropriations of the House of Representatives,
and the Subcommittee on Defense of the Committee on Appropriations of the Senate.

H. R. 1625—138
(INCLUDING TRANSFER OF FUNDS)

SEC. 8092. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of
this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and
Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’
may be transferred by the military department concerned to its
central fund established for Fisher Houses and Suites pursuant
to section 2493(d) of title 10, United States Code.
SEC. 8093. None of the funds appropriated by this Act may
be available for the purpose of making remittances to the Department of Defense Acquisition Workforce Development Fund in
accordance with section 1705 of title 10, United States Code.
SEC. 8094. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
Web site 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.
SEC. 8095. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor
agrees not to—
(1) enter into any agreement with any of its employees
or independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or arising
out of sexual assault or harassment, including assault and
battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil Rights
Act of 1964 or any tort related to or arising out of sexual
assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or
negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available
by this Act may be expended for any Federal contract unless the
contractor certifies that it requires each covered subcontractor to
agree not to enter into, and not to take any action to enforce
any provision of, any agreement as described in paragraphs (1)
and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract.
For purposes of this subsection, a ‘‘covered subcontractor’’ is an
entity that has a subcontract in excess of $1,000,000 on a contract
subject to subsection (a).
(c) The prohibitions in this section do not apply with respect
to a contractor’s or subcontractor’s agreements with employees or

H. R. 1625—139
independent contractors that may not be enforced in a court of
the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor
for the purposes of a particular contract or subcontract if the
Secretary or the Deputy Secretary personally determines that the
waiver is necessary to avoid harm to national security interests
of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The
determination shall set forth with specificity the grounds for the
waiver and for the contract or subcontract term selected, and shall
state any alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. The Secretary of Defense shall
transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days
before the contract or subcontract addressed in the determination
may be awarded.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8096. From within the funds appropriated for operation
and maintenance for the Defense Health Program in this Act,
up to $115,519,000, shall be available for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund in accordance with the provisions
of section 1704 of the National Defense Authorization Act for Fiscal
Year 2010, Public Law 111–84: Provided, That for purposes of
section 1704(b), the facility operations funded are operations of
the integrated Captain James A. Lovell Federal Health Care Center,
consisting of the North Chicago Veterans Affairs Medical Center,
the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by
section 706 of Public Law 110–417: Provided further, That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the
Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the
Secretary of Defense to the Committees on Appropriations of the
House of Representatives and the Senate.
SEC. 8097. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense
or a component thereof in contravention of the provisions of section
130h of title 10, United States Code.
SEC. 8098. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light armored
vehicles for the physical security of personnel or for force protection
purposes up to a limit of $450,000 per vehicle, notwithstanding
price or other limitations applicable to the purchase of passenger
carrying vehicles.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8099. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,500,000,000
of the funds made available in this Act for the National Intelligence

H. R. 1625—140
Program: Provided, That such authority to transfer may not be
used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a request
for multiple reprogrammings of funds using authority provided
in this section shall be made prior to June 30, 2018.
SEC. 8100. None of the funds appropriated or otherwise made
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 United
States Naval Station, Guanta´namo Bay, Cuba, by the Department of Defense.
SEC. 8101. (a) None of the funds appropriated or otherwise
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,
Guanta´namo 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,
Guanta´namo 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
Station, Guanta´namo Bay, Cuba.
SEC. 8102. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guanta´namo Bay, Cuba, to the
custody or control of the individual’s country of origin, any other
foreign country, or any other foreign entity except in accordance
with section 1034 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92) and section 1034 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114–328).
SEC. 8103. None of the funds made available by this Act may
be used in contravention of the War Powers Resolution (50 U.S.C.
1541 et seq.).
SEC. 8104. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or
provide a loan or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary

H. R. 1625—141
of State and the Director of National Intelligence, determines that
it is in the vital national security interest of the United States
to do so, and certifies in writing to the congressional defense
committees that, to the best of the Secretary’s knowledge:
(1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab
Republic;
(2) The armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of
Ukraine; and
(3) Agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government
of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with
respect to a waiver issued by the Secretary of Defense pursuant
to subsection (b), and not later than 90 days after the date on
which such a waiver is issued by the Secretary of Defense, the
Inspector General shall submit to the congressional defense committees a report containing the results of the review conducted with
respect to such waiver.
SEC. 8105. None of the funds made available in this Act may
be used for the purchase or manufacture of a flag of the United
States unless such flags are treated as covered items under section
2533a(b) of title 10, United States Code.
SEC. 8106. The Secretary of Defense, in consultation with the
Service Secretaries, shall submit two reports to the congressional
defense committees, not later than March 1, 2018, and not later
than September 1, 2018, detailing the submission of records during
the previous 6 months to databases accessible to the National
Instant Criminal Background Check System (NICS), including the
Interstate Identification Index (III), the National Crime Information
Center (NCIC), and the NICS Index, as required by Public Law
110–180: Provided, That such reports shall provide the number
and category of records submitted by month to each such database,
by Service or Component: Provided further, That such reports shall
identify the number and category of records submitted by month
to those databases for which the Identification for Firearm Sales
(IFFS) flag or other database flags were used to pre-validate the
records and indicate that such persons are prohibited from receiving
or possessing a firearm: Provided further, That such reports shall
describe the steps taken during the previous 6 months, by Service
or Component, to ensure complete and accurate submission and
appropriate flagging of records of individuals prohibited from gun
possession or receipt pursuant to 18 U.S.C. 922(g) or (n) including
applicable records involving proceedings under the Uniform Code
of Military Justice.
SEC. 8107. (a) Of the funds appropriated in this Act for the
Department of Defense, amounts may be made available, under
such regulations as the Secretary of Defense may prescribe, to
local military commanders appointed by the Secretary, or by an
officer or employee designated by the Secretary, to provide at their
discretion ex gratia payments in amounts consistent with subsection
(d) of this section for damage, personal injury, or death that is

H. R. 1625—142
incident to combat operations of the Armed Forces in a foreign
country.
(b) An ex gratia payment under this section may be provided
only if—
(1) the prospective foreign civilian recipient is determined
by the local military commander to be friendly to the United
States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known
as the ‘‘Foreign Claims Act’’); and
(3) the property damage, personal injury, or death was
not caused by action by an enemy.
(c) NATURE OF PAYMENTS.—Any payments provided under a
program under subsection (a) shall not be considered an admission
or acknowledgement of any legal obligation to compensate for any
damage, personal injury, or death.
(d) AMOUNT OF PAYMENTS.—If the Secretary of Defense determines a program under subsection (a) to be appropriate in a particular setting, the amounts of payments, if any, to be provided
to civilians determined to have suffered harm incident to combat
operations of the Armed Forces under the program should be determined pursuant to regulations prescribed by the Secretary and
based on an assessment, which should include such factors as
cultural appropriateness and prevailing economic conditions.
(e) LEGAL ADVICE.—Local military commanders shall receive
legal advice before making ex gratia payments under this subsection. The legal advisor, under regulations of the Department
of Defense, shall advise on whether an ex gratia payment is proper
under this section and applicable Department of Defense regulations.
(f) WRITTEN RECORD.—A written record of any ex gratia payment offered or denied shall be kept by the local commander and
on a timely basis submitted to the appropriate office in the Department of Defense as determined by the Secretary of Defense.
(g) REPORT.—The Secretary of Defense shall report to the
congressional defense committees on an annual basis the efficacy
of the ex gratia payment program including the number of types
of cases considered, amounts offered, the response from ex gratia
payment recipients, and any recommended modifications to the
program.
SEC. 8108. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or routine refurbishments, upgrades or maintenance activities, shall be used to reduce or to prepare to reduce the number
of deployed and non-deployed strategic delivery vehicles and
launchers below the levels set forth in the report submitted to
Congress in accordance with section 1042 of the National Defense
Authorization Act for Fiscal Year 2012.
SEC. 8109. The Secretary of Defense shall post grant awards
on a public Website in a searchable format.
SEC. 8110. The Secretary of each military department, in
reducing each research, development, test and evaluation and
procurement account of the military department as required under
paragraph (1) of section 828(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2430
note), as amended by section 825(a)(3) of the National Defense
Authorization Act for Fiscal Year 2018, shall allocate the percentage

H. R. 1625—143
reduction determined under paragraph (2) of such section 828(d)
proportionally from all programs, projects, or activities under such
account: Provided, That the authority under section 804(d)(2) of
the National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114–92; 10 U.S.C. 2302 note) to transfer amounts available
in the Rapid Prototyping Fund shall be subject to section 8005
or 9002 of this Act, as applicable.
SEC. 8111. None of the funds made available by this Act may
be used to fund the performance of a flight demonstration team
at a location outside of the United States: Provided, That this
prohibition applies only if a performance of a flight demonstration
team at a location within the United States was canceled during
the current fiscal year due to insufficient funding.
SEC. 8112. None of the funds made available by this Act may
be used by the National Security Agency to—
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States Code)
of any electronic communication of a United States person
from a provider of electronic communication services to the
public pursuant to section 501 of the Foreign Intelligence
Surveillance Act of 1978.
SEC. 8113. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 8114. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or employee
of any agency funded by this Act who approves or implements
the transfer of administrative responsibilities or budgetary
resources of any program, project, or activity financed by this Act
to the jurisdiction of another Federal agency not financed by this
Act without the express authorization of Congress: Provided, That
this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
SEC. 8115. None of the funds made available in this Act may
be obligated for activities authorized under section 1208 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 112–81; 125 Stat. 1621) to initiate support
for, or expand support to, foreign forces, irregular forces, groups,
or individuals unless the congressional defense committees are notified in accordance with the direction contained in the classified
annex accompanying this Act, not less than 15 days before initiating
such support: Provided, That none of the funds made available
in this Act may be used under section 1208 for any activity that
is not in support of an ongoing military operation being conducted
by United States Special Operations Forces to combat terrorism:
Provided further, That the Secretary of Defense may waive the
prohibitions in this section if the Secretary determines that such
waiver is required by extraordinary circumstances and, by not
later than 72 hours after making such waiver, notifies the congressional defense committees of such waiver.
SEC. 8116. None of the funds made available by this Act may
be used with respect to Iraq in contravention of the War Powers

H. R. 1625—144
Resolution (50 U.S.C. 1541 et seq.), including for the introduction
of United States armed forces into hostilities in Iraq, into situations
in Iraq where imminent involvement in hostilities is clearly
indicated by the circumstances, or into Iraqi territory, airspace,
or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections
3 and 4 of such Resolution (50 U.S.C. 1542 and 1543).
SEC. 8117. None of the funds provided in this Act for the
T–AO(X) program shall be used to award a new contract that
provides for the acquisition of the following components unless
those components are manufactured in the United States: Auxiliary
equipment (including pumps) for shipboard services; propulsion
equipment (including engines, reduction gears, and propellers); shipboard cranes; and spreaders for shipboard cranes.
SEC. 8118. Notwithstanding any other provision of this Act,
to reflect savings due to lower than anticipated fuel costs, the
total amount appropriated in title II of this Act is hereby reduced
by $110,780,000.
SEC. 8119. None of the funds made available by this Act may
be used for Government Travel Charge Card expenses by military
or civilian personnel of the Department of Defense for gaming,
or for entertainment that includes topless or nude entertainers
or participants, as prohibited by Department of Defense FMR,
Volume 9, Chapter 3 and Department of Defense Instruction
1015.10 (enclosure 3, 14a and 14b).
SEC. 8120. None of the funds made available by this Act may
be used to propose, plan for, or execute a new or additional Base
Realignment and Closure (BRAC) round.
SEC. 8121. Of the amounts appropriated in this Act for ‘‘Operation and Maintenance, Navy’’, $289,255,000, to remain available
until expended, may be used for any purposes related to the
National Defense Reserve Fleet established under section 11 of
the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405): Provided,
That such amounts are available for reimbursements to the Ready
Reserve Force, Maritime Administration account of the United
States Department of Transportation for programs, projects, activities, and expenses related to the National Defense Reserve Fleet.
(INCLUDING TRANSFER OF FUNDS)

SEC. 8122. Of the amounts appropriated in this Act, the Secretary of Defense may use up to $46,000,000 under the heading
‘‘Operation and Maintenance, Defense-Wide’’, and up to $45,000,000
under the heading ‘‘Research, Development, Test and Evaluation,
Defense-Wide’’ to develop, replace, and sustain Federal Government
security and suitability background investigation information technology systems of the Office of Personnel Management or other
Federal agency responsible for conducting such investigations: Provided, That the Secretary may transfer additional amounts into
these headings or into ‘‘Procurement, Defense-Wide’’ using established reprogramming procedures prescribed in the Department
of Defense Financial Management Regulation 7000.14, Volume 3,
Chapter 6, dated September 2015: Provided further, That such
funds shall supplement, not supplant any other amounts made
available to other Federal agencies for such purposes.

H. R. 1625—145
SEC. 8123. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guanta´namo Bay, Cuba.
SEC. 8124. (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, or for any activity necessary for the
national defense, including intelligence activities.
SEC. 8125. Notwithstanding any other provision of law, any
transfer of funds appropriated or otherwise made available by this
Act to the Global Engagement Center established by section 1287
of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114–328; 130 Stat. 22 U.S.C. 2656 note) shall be
made in accordance with section 8005 or 9002 of this Act, as
applicable.
SEC. 8126. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense Acquisition
Workforce Development Fund may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
SEC. 8127. In addition to amounts provided elsewhere in this
Act, there is appropriated $235,000,000, for an additional amount
for ‘‘Operation and Maintenance, Defense-Wide’’, to remain available until expended: Provided, That such funds shall only be available to the Secretary of Defense, acting through the Office of Economic Adjustment of the Department of Defense, or for transfer
to the Secretary of Education, notwithstanding any other provision
of law, to make grants, conclude cooperative agreements, or supplement other Federal funds to construct, renovate, repair, or expand
elementary and secondary public schools on military installations
in order to address capacity or facility condition deficiencies at
such schools: Provided further, That in making such funds available,
the Office of Economic Adjustment or the Secretary of Education
shall give priority consideration to those military installations with
schools having the most serious capacity or facility condition deficiencies as determined by the Secretary of Defense: Provided further, That as a condition of receiving funds under this section
a local educational agency or State shall provide a matching share
as described in the notice titled ‘‘Department of Defense Program
for Construction, Renovation, Repair or Expansion of Public Schools
Located on Military Installations’’ published by the Department
of Defense in the Federal Register on September 9, 2011 (76 Fed.
Reg. 55883 et seq.): Provided further, That these provisions apply
to funds provided under this section, and to funds previously provided by Congress to construct, renovate, repair, or expand
elementary and secondary public schools on military installations
in order to address capacity or facility condition deficiencies at

H. R. 1625—146
such schools to the extent such funds remain unobligated on the
date of enactment of this section.
SEC. 8128. In carrying out the program described in the memorandum on the subject of ‘‘Policy for Assisted Reproductive Services
for the Benefit of Seriously or Severely Ill/Injured (Category II
or III) Active Duty Service Members’’ issued by the Assistant Secretary of Defense for Health Affairs on April 3, 2012, and the
guidance issued to implement such memorandum, the Secretary
of Defense shall apply such policy and guidance, except that—
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ‘‘assisted reproductive technology’’ shall
include embryo cryopreservation and storage without limitation
on the duration of such cryopreservation and storage.
SEC. 8129. None of the funds made available by this Act may
be used to provide arms, training, or other assistance to the Azov
Battalion.
SEC. 8130. None of the funds made available by this Act may
be used to purchase heavy water from Iran.
SEC. 8131. Section 316(a)(2) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended
by striking ‘‘the study under this subsection’’ and inserting ‘‘the
study and assessment under this section’’.
SEC. 8132. Notwithstanding any other provision of law, from
funds made available to the Department of Defense in title II
of this Act under the heading ‘‘Operation and Maintenance, DefenseWide’’, $15,000,000 shall be available for a project in a country
designated by the Secretary of Defense: Provided, That in furtherance of the project the Department of Defense is authorized to
acquire services, including services performed pursuant to a grant
agreement, from another Federal agency, on an advance of funds
or reimbursable basis: Provided further, That an order for services
placed under this section is deemed to be an obligation in the
same manner that a similar order placed under a contract with
a private contractor is an obligation.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$2,683,694,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel,
$377,857,000: Provided, That such amount is designated
Congress for Overseas Contingency Operations/Global War
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
and Emergency Deficit Control Act of 1985.

Navy’’,
by the
on TerBudget

H. R. 1625—147
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $103,979,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$914,119,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
RESERVE PERSONNEL, ARMY
For an additional amount for ‘‘Reserve Personnel,
$24,942,000: Provided, That such amount is designated
Congress for Overseas Contingency Operations/Global War
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
and Emergency Deficit Control Act of 1985.

Army’’,
by the
on TerBudget

RESERVE PERSONNEL, NAVY
For an additional amount for ‘‘Reserve Personnel, Navy’’,
$9,091,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
RESERVE PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Reserve Personnel, Marine
Corps’’, $2,328,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESERVE PERSONNEL, AIR FORCE
For an additional amount for ‘‘Reserve Personnel, Air Force’’,
$20,569,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
Army’’, $184,589,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.

H. R. 1625—148
NATIONAL GUARD PERSONNEL, AIR FORCE
For an additional amount for ‘‘National Guard Personnel, Air
Force’’, $5,004,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
OPERATION

AND

MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance,
Army’’, $17,352,994,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $6,449,404,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $1,401,536,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $10,873,895,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $7,575,195,000: Provided, That of the funds provided
under this heading, not to exceed $1,000,000,000, to remain available until September 30, 2019, shall be for payments to reimburse
key cooperating nations for logistical, military, and other support,
including access, provided to United States military and stability
operations in Afghanistan and to counter the Islamic State of Iraq
and Syria: Provided further, That such reimbursement payments
may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in consultation with
the Director of the Office of Management and Budget, may determine, based on documentation determined by the Secretary of
Defense to adequately account for the support provided, and such
determination is final and conclusive upon the accounting officers
of the United States, and 15 days following notification to the

H. R. 1625—149
appropriate congressional committees: Provided further, That these
funds may be used for the purpose of providing specialized training
and procuring supplies and specialized equipment and providing
such supplies and loaning such equipment on a non-reimbursable
basis to coalition forces supporting United States military and stability operations in Afghanistan and to counter the Islamic State
of Iraq and Syria, and 15 days following notification to the appropriate congressional committees: Provided further, That these funds
may be used to support the Government of Jordan, in such amounts
as the Secretary of Defense may determine, to enhance the ability
of the armed forces of Jordan to increase or sustain security along
its borders, upon 15 days prior written notification to the congressional defense committees outlining the amounts intended to be
provided and the nature of the expenses incurred: Provided further,
That of the funds provided under this heading, not to exceed
$750,000,000, to remain available until September 30, 2019, shall
be available to provide support and assistance to foreign security
forces or other groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of Defense
security cooperation programs: Provided further, That the Secretary
of Defense shall provide quarterly reports to the congressional
defense committees on the use of funds provided in this paragraph:
Provided further, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Army Reserve’’, $24,699,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Navy Reserve’’, $23,980,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Marine Corps Reserve’’, $3,367,000: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance,
Air Force Reserve’’, $53,523,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.

H. R. 1625—150
OPERATION

AND

MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance,
Army National Guard’’, $108,111,000: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION

AND

MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance,
Air National Guard’’, $15,400,000: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
AFGHANISTAN SECURITY FORCES FUND
For the ‘‘Afghanistan Security Forces Fund’’, $4,666,815,000,
to remain available until September 30, 2019: Provided, That such
funds shall be available to the Secretary of Defense for the purpose
of allowing the Commander, Combined Security Transition Command—Afghanistan, or the Secretary’s designee, to provide assistance, with the concurrence of the Secretary of State, to the security
forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, construction, and funding: Provided further, That the Secretary
of Defense may obligate and expend funds made available to the
Department of Defense in this title for additional costs associated
with existing projects previously funded with amounts provided
under the heading ‘‘Afghanistan Infrastructure Fund’’ in prior Acts:
Provided further, That such costs shall be limited to contract
changes resulting from inflation, market fluctuation, rate adjustments, and other necessary contract actions to complete existing
projects, and associated supervision and administration costs and
costs for design during construction: Provided further, That the
Secretary may not use more than $50,000,000 under the authority
provided in this section: Provided further, That the Secretary shall
notify in advance such contract changes and adjustments in annual
reports to the congressional defense committees: Provided further,
That the authority to provide assistance under this heading is
in addition to any other authority to provide assistance to foreign
nations: Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, to remain
available until expended, and used for such purposes: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of
the funds received and the specific use of such contributions: Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to obligating from this appropriation account, notify
the congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of Defense
shall notify the congressional defense committees of any proposed
new projects or transfer of funds between budget sub-activity groups
in excess of $20,000,000: Provided further, That the United States
may accept equipment procured using funds provided under this

H. R. 1625—151
heading in this or prior Acts that was transferred to the security
forces of Afghanistan and returned by such forces to the United
States: Provided further, That equipment procured using funds
provided under this heading in this or prior Acts, and not yet
transferred to the security forces of Afghanistan or transferred
to the security forces of Afghanistan and returned by such forces
to the United States, may be treated as stocks of the Department
of Defense upon written notification to the congressional defense
committees: Provided further, That of the funds provided under
this heading, not less than $10,000,000 shall be for recruitment
and retention of women in the Afghanistan National Security
Forces, and the recruitment and training of female security personnel: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
COUNTER-ISIS TRAIN

AND

EQUIP FUND

For the ‘‘Counter-Islamic State of Iraq and Syria Train and
Equip Fund’’, $1,769,000,000, to remain available until September
30, 2019: Provided, That such funds shall be available to the Secretary of Defense in coordination with the Secretary of State, to
provide assistance, including training; equipment; logistics support,
supplies, and services; stipends; infrastructure repair and renovation; and sustainment, to foreign security forces, irregular forces,
groups, or individuals participating, or preparing to participate
in activities to counter the Islamic State of Iraq and Syria, and
their affiliated or associated groups: Provided further, That these
funds may be used in such amounts as the Secretary of Defense
may determine to enhance the border security of nations adjacent
to conflict areas including Jordan, Lebanon, Egypt, and Tunisia
resulting from actions of the Islamic State of Iraq and Syria: Provided further, That amounts made available under this heading
shall be available to provide assistance only for activities in a
country designated by the Secretary of Defense, in coordination
with the Secretary of State, as having a security mission to counter
the Islamic State of Iraq and Syria, and following written notification to the congressional defense committees of such designation:
Provided further, That the Secretary of Defense shall ensure that
prior to providing assistance to elements of any forces or individuals,
such elements or individuals are appropriately vetted, including
at a minimum, assessing such elements for associations with terrorist groups or groups associated with the Government of Iran;
and receiving commitments from such elements to promote respect
for human rights and the rule of law: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to obligating
from this appropriation account, notify the congressional defense
committees in writing of the details of any such obligation: Provided
further, That the Secretary of Defense may accept and retain contributions, including assistance in-kind, from foreign governments,
including the Government of Iraq and other entities, to carry out
assistance authorized under this heading: Provided further, That
contributions of funds for the purposes provided herein from any
foreign government or other entity may be credited to this Fund,
to remain available until expended, and used for such purposes:

H. R. 1625—152
Provided further, That the Secretary of Defense may waive a provision of law relating to the acquisition of items and support services
or sections 40 and 40A of the Arms Export Control Act (22 U.S.C.
2780 and 2785) if the Secretary determines that such provision
of law would prohibit, restrict, delay or otherwise limit the provision
of such assistance and a notice of and justification for such waiver
is submitted to the congressional defense committees, the Committees on Appropriations and Foreign Relations of the Senate and
the Committees on Appropriations and Foreign Affairs of the House
of Representatives: Provided further, That the United States may
accept equipment procured using funds provided under this heading,
or under the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts,
that was transferred to security forces, irregular forces, or groups
participating, or preparing to participate in activities to counter
the Islamic State of Iraq and Syria and returned by such forces
or groups to the United States, may be treated as stocks of the
Department of Defense upon written notification to the congressional defense committees: Provided further, That equipment procured using funds provided under this heading, or under the
heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts, and not yet
transferred to security forces, irregular forces, or groups participating, or preparing to participate in activities to counter the
Islamic State of Iraq and Syria may be treated as stocks of the
Department of Defense when determined by the Secretary to no
longer be required for transfer to such forces or groups and upon
written notification to the congressional defense committees: Provided further, That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the use of funds
provided under this heading, including, but not limited to, the
number of individuals trained, the nature and scope of support
and sustainment provided to each group or individual, the area
of operations for each group, and the contributions of other countries, groups, or individuals: Provided further, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For an additional amount for ‘‘Aircraft Procurement, Army’’,
$420,086,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
MISSILE PROCUREMENT, ARMY
For an additional amount for ‘‘Missile Procurement, Army’’,
$709,283,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.

H. R. 1625—153
PROCUREMENT

OF

WEAPONS

AND TRACKED COMBAT VEHICLES,
ARMY

For an additional amount for ‘‘Procurement of Weapons and
Tracked Combat Vehicles, Army’’, $1,191,139,000, to remain available until September 30, 2020: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT

OF

AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $191,836,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$405,575,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$157,300,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
WEAPONS PROCUREMENT, NAVY
For an additional amount for ‘‘Weapons Procurement, Navy’’,
$130,994,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT

OF

AMMUNITION, NAVY

AND

MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition,
Navy and Marine Corps’’, $233,406,000, to remain available until
September 30, 2020: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.

H. R. 1625—154
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,
$239,359,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine Corps’’,
$64,307,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$503,938,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
MISSILE PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Missile Procurement, Air Force’’,
$481,700,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
SPACE PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Space Procurement, Air Force’’,
$2,256,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT

OF

AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Ammunition,
Air Force’’, $551,509,000, to remain available until September 30,
2020: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$3,324,590,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas

H. R. 1625—155
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$517,041,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
NATIONAL GUARD

AND

RESERVE EQUIPMENT ACCOUNT

For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for
the reserve components of the Armed Forces, $1,300,000,000, to
remain available for obligation until September 30, 2020: Provided,
That the Chiefs of National Guard and Reserve components shall,
not later than 30 days after enactment of this Act, individually
submit to the congressional defense committees the modernization
priority assessment for their respective National Guard or Reserve
component: Provided further, That none of the funds made available
by this paragraph may be used to procure manned fixed wing
aircraft, or procure or modify missiles, munitions, or ammunition:
Provided further, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Army’’, $235,368,000, to remain available until
September 30, 2019: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $167,565,000, to remain available until
September 30, 2019: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $129,608,000, to remain available until
September 30, 2019: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War

H. R. 1625—156
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST

AND

EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $394,396,000, to remain available
until September 30, 2019: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$148,956,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$395,805,000, which shall be for operation and maintenance: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
DRUG INTERDICTION

AND

COUNTER-DRUG ACTIVITIES, DEFENSE

For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $196,300,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.
OFFICE

OF THE INSPECTOR

GENERAL

For an additional amount for the ‘‘Office of the Inspector General’’, $24,692,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS—THIS TITLE
SEC. 9001. Notwithstanding any other provision of law, funds
made available in this title are in addition to amounts appropriated
or otherwise made available for the Department of Defense for
fiscal year 2018.

H. R. 1625—157
(INCLUDING TRANSFER OF FUNDS)

SEC. 9002. Upon the determination of the Secretary of Defense
that such action is necessary in the national interest, the Secretary
may, with the approval of the Office of Management and Budget,
transfer up to $2,250,000,000 between the appropriations or funds
made available to the Department of Defense in this title: Provided,
That the Secretary shall notify the Congress promptly of each
transfer made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in addition
to any other transfer authority available to the Department of
Defense and is subject to the same terms and conditions as the
authority provided in section 8005 of this Act.
SEC. 9003. Supervision and administration costs and costs for
design during construction associated with a construction project
funded with appropriations available for operation and maintenance
or the ‘‘Afghanistan Security Forces Fund’’ provided in this Act
and executed in direct support of overseas contingency operations
in Afghanistan, may be obligated at the time a construction contract
is awarded: Provided, That, for the purpose of this section, supervision and administration costs and costs for design during construction include all in-house Government costs.
SEC. 9004. From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian
employees of the Department of Defense in the United States Central Command area of responsibility: (1) passenger motor vehicles
up to a limit of $75,000 per vehicle; and (2) heavy and light
armored vehicles for the physical security of personnel or for force
protection purposes up to a limit of $450,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of
passenger carrying vehicles.
SEC. 9005. Not to exceed $5,000,000 of the amounts appropriated by this title under the heading ‘‘Operation and Maintenance,
Army’’ may be used, notwithstanding any other provision of law,
to fund the Commanders’ Emergency Response Program (CERP),
for the purpose of enabling military commanders in Afghanistan
to respond to urgent, small-scale, humanitarian relief and
reconstruction requirements within their areas of responsibility:
Provided, That each project (including any ancillary or related
elements in connection with such project) executed under this
authority shall not exceed $2,000,000: Provided further, That not
later than 45 days after the end of each 6 months of the fiscal
year, the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that 6-month period that
were made available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described herein: Provided further, That, not later than 30 days
after the end of each fiscal year quarter, the Army shall submit
to the congressional defense committees quarterly commitment,
obligation, and expenditure data for the CERP in Afghanistan:
Provided further, That, not less than 15 days before making funds
available pursuant to the authority provided in this section or
under any other provision of law for the purposes described herein
for a project with a total anticipated cost for completion of $500,000
or more, the Secretary shall submit to the congressional defense
committees a written notice containing each of the following:

H. R. 1625—158
(1) The location, nature and purpose of the proposed project,
including how the project is intended to advance the military
campaign plan for the country in which it is to be carried
out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a nonDepartment of Defense agency of the United States Government
or a third-party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to
be provided through the proposed project.
SEC. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to allied
forces participating in a combined operation with the armed forces
of the United States and coalition forces supporting military and
stability operations in Afghanistan and to counter the Islamic State
of Iraq and Syria: Provided, That the Secretary of Defense shall
provide quarterly reports to the congressional defense committees
regarding support provided under this section.
SEC. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended
by the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
SEC. 9008. None of the funds made available in this Act may
be used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (done at New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112
Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act,
2006 (Public Law 109–148).
SEC. 9009. None of the funds provided for the ‘‘Afghanistan
Security Forces Fund’’ (ASFF) may be obligated prior to the
approval of a financial and activity plan by the Afghanistan
Resources Oversight Council (AROC) of the Department of Defense:
Provided, That the AROC must approve the requirement and
acquisition plan for any service requirements in excess of

H. R. 1625—159
$50,000,000 annually and any non-standard equipment requirements in excess of $100,000,000 using ASFF: Provided further,
That the Department of Defense must certify to the congressional
defense committees that the AROC has convened and approved
a process for ensuring compliance with the requirements in the
preceding proviso and accompanying report language for the ASFF.
SEC. 9010. Funds made available in this title to the Department
of Defense for operation and maintenance may be used to purchase
items having an investment unit cost of not more than $250,000:
Provided, That, upon determination by the Secretary of Defense
that such action is necessary to meet the operational requirements
of a Commander of a Combatant Command engaged in contingency
operations overseas, such funds may be used to purchase items
having an investment item unit cost of not more than $500,000.
SEC. 9011. Up to $500,000,000 of funds appropriated by this
Act for the Defense Security Cooperation Agency in ‘‘Operation
and Maintenance, Defense-Wide’’ may be used to provide assistance
to the Government of Jordan to support the armed forces of Jordan
and to enhance security along its borders.
SEC. 9012. None of the funds made available by this Act under
the heading ‘‘Counter-ISIS Train and Equip Fund’’ may be used
to procure or transfer man-portable air defense systems.
SEC. 9013. For the ‘‘Ukraine Security Assistance Initiative’’,
$200,000,000 is hereby appropriated, to remain available until September 30, 2018: Provided, That such funds shall be available
to the Secretary of Defense, in coordination with the Secretary
of State, to provide assistance, including training; equipment; lethal
weapons of a defensive nature; logistics support, supplies and services; sustainment; and intelligence support to the military and
national security forces of Ukraine, and for replacement of any
weapons or defensive articles provided to the Government of
Ukraine from the inventory of the United States: Provided further,
That the Secretary of Defense shall, not less than 15 days prior
to obligating funds provided under this heading, notify the congressional defense committees in writing of the details of any such
obligation: Provided further, That the United States may accept
equipment procured using funds provided under this heading in
this or prior Acts that was transferred to the security forces of
Ukraine and returned by such forces to the United States: Provided
further, That equipment procured using funds provided under this
heading in this or prior Acts, and not yet transferred to the military
or National Security Forces of Ukraine or returned by such forces
to the United States, may be treated as stocks of the Department
of Defense upon written notification to the congressional defense
committees: Provided further, That amounts made available by
this section are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 9014. Funds appropriated in this title shall be available
for replacement of funds for items provided to the Government
of Ukraine from the inventory of the United States to the extent
specifically provided for in section 9013 of this Act.
SEC. 9015. None of the funds made available by this Act under
section 9013 for ‘‘Assistance and Sustainment to the Military and
National Security Forces of Ukraine’’ may be used to procure or
transfer man-portable air defense systems.

H. R. 1625—160
SEC. 9016. (a) None of the funds appropriated or otherwise
made available by this Act under the heading ‘‘Operation and
Maintenance, Defense-Wide’’ for payments under section 1233 of
Public Law 110–181 for reimbursement to the Government of Pakistan may be made available unless the Secretary of Defense, in
coordination with the Secretary of State, certifies to the congressional defense committees that the Government of Pakistan is—
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other
domestic and foreign terrorist organizations, including taking
steps to end support for such groups and prevent them from
basing and operating in Pakistan and carrying out cross border
attacks into neighboring countries;
(2) not supporting terrorist activities against United States
or coalition forces in Afghanistan, and Pakistan’s military and
intelligence agencies are not intervening extra-judicially into
political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture
of IEDs;
(4) preventing the proliferation of nuclear-related material
and expertise;
(5) implementing policies to protect judicial independence
and due process of law;
(6) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance programs in Pakistan; and
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the Secretary
of State, may waive the restriction in subsection (a) on a caseby-case basis by certifying in writing to the congressional defense
committees that it is in the national security interest to do so:
Provided, That if the Secretary of Defense, in coordination with
the Secretary of State, exercises such waiver authority, the Secretaries shall report to the congressional defense committees on both
the justification for the waiver and on the requirements of this
section that the Government of Pakistan was not able to meet:
Provided further, That such report may be submitted in classified
form if necessary.
(INCLUDING TRANSFER OF FUNDS)

SEC. 9017. In addition to amounts otherwise made available
in this Act, $770,000,000 is hereby appropriated to the Department
of Defense and made available for transfer only to the operation
and maintenance, military personnel, and procurement accounts,
to improve the intelligence, surveillance, and reconnaissance
capabilities of the Department of Defense: Provided, That the
transfer authority provided in this section is in addition to any
other transfer authority provided elsewhere in this Act: Provided
further, That not later than 30 days prior to exercising the transfer
authority provided in this section, the Secretary of Defense shall
submit a report to the congressional defense committees on the
proposed uses of these funds: Provided further, That the funds

H. R. 1625—161
provided in this section may not be transferred to any program,
project, or activity specifically limited or denied by this Act: Provided further, That amounts made available by this section are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That the authority to provide funding under this
section shall terminate on September 30, 2018.
SEC. 9018. None of the funds made available by this Act may
be used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction
of United States armed or military forces into hostilities in Syria,
into situations in Syria where imminent involvement in hostilities
is clearly indicated by the circumstances, or into Syrian territory,
airspace, or waters while equipped for combat, in contravention
of the congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
SEC. 9019. None of the funds in this Act may be made available
for the transfer of additional C–130 cargo aircraft to the Afghanistan
National Security Forces or the Afghanistan Air Force until the
Department of Defense provides a report to the congressional
defense committees of the Afghanistan Air Force’s medium airlift
requirements. The report should identify Afghanistan’s ability to
utilize and maintain existing medium lift aircraft in the inventory
and the best alternative platform, if necessary, to provide additional
support to the Afghanistan Air Force’s current medium airlift
capacity.
(RESCISSIONS)

SEC. 9020. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
Provided, That such amounts are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985:
‘‘Operation and Maintenance, Defense-Wide: Coalition Support Fund’’, 2017/2018, $500,000,000;
‘‘Operation and Maintenance, Defense-Wide: DSCA Security Cooperation’’, 2017/2018, $250,000,000;
‘‘Afghanistan
Security
Forces
Fund’’,
2017/2018,
$100,000,000;
‘‘Counter-ISIL Train and Equip Fund’’, 2017/2018,
$80,000,000;
‘‘Other Procurement, Air Force’’, 2017/2019, $25,100,000;
and
‘‘Counter-ISIL Overseas Contingency Operations Transfer
Fund’’, XXXX, $1,610,000,000.
SEC. 9021. (a) Not later than 30 days after the date of the
enactment of this Act, the President shall submit to Congress
a report on the United States strategy to defeat Al-Qaeda, the
Taliban, the Islamic State of Iraq and Syria (ISIS), and their
associated forces and co-belligerents.
(b) The report required under subsection (a) shall include the
following:

H. R. 1625—162
(1) An analysis of the adequacy of the existing legal framework to accomplish the strategy described in subsection (a),
particularly with respect to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) and the
Authorization for Use of Military Force Against Iraq Resolution
of 2002 (Public Law 107–243; 50 U.S.C. 1541 note).
(2) An analysis of the budgetary resources necessary to
accomplish the strategy described in subsection (a).
(c) Not later than 30 days after the date on which the President
submits to the appropriate congressional committees the report
required by subsection (a), the Secretary of State and the Secretary
of Defense shall testify at any hearing held by any of the appropriate
congressional committees on the report and to which the Secretary
is invited.
(d) In this section, the term ‘‘appropriate congressional committees’’ means—
(1) the Committees on Foreign Relations, Armed Services
and Appropriations of the Senate; and
(2) the Committees on Foreign Affairs, Armed Services
and Appropriations of the House of Representatives.
SEC. 9022. Funds available for the Afghanistan Security Forces
Fund may be used to provide limited training, equipment, and
other assistance that would otherwise be prohibited by 10 U.S.C.
362 to a unit of the security forces of Afghanistan only if the
Secretary certifies to the congressional defense committees, within
30 days of a decision to provide such assistance, that (1) a denial
of such assistance would present significant risk to U.S. or coalition
forces or significantly undermine United States national security
objectives in Afghanistan; and (2) the Secretary has sought a
commitment by the Government of Afghanistan to take all necessary
corrective steps: Provided, That such certification shall be accompanied by a report describing: (1) the information relating to the
gross violation of human rights; (2) the circumstances that necessitated the provision of such assistance; (3) the Afghan security
force unit involved; (4) the assistance provided and the assistance
withheld; and (5) the corrective steps to be taken by the Government
of Afghanistan: Provided further, That every 120 days after the
initial report an additional report shall be submitted detailing the
status of any corrective steps taken by the Government of Afghanistan: Provided further, That if the Government of Afghanistan
has not initiated necessary corrective steps within one year of
the certification, the authority under this section to provide assistance to such unit shall no longer apply: Provided further, That
the Secretary shall submit a report to such committees detailing
the final disposition of the case by the Government of Afghanistan.
This division may be cited as the ‘‘Department of Defense
Appropriations Act, 2018’’.

H. R. 1625—163
DIVISION D—ENERGY AND WATER DEVELOPMENT AND
RELATED AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
CORPS OF ENGINEERS—CIVIL
DEPARTMENT OF THE ARMY
CORPS

OF

ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to river and harbor, flood and storm damage
reduction, shore protection, aquatic ecosystem restoration, and
related efforts.
INVESTIGATIONS

For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed
studies, and plans and specifications of proposed river and harbor,
flood and storm damage reduction, shore protection, and aquatic
ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed
studies, and plans and specifications of projects prior to construction, $123,000,000, to remain available until expended: Provided,
That the Secretary shall initiate six new study starts during fiscal
year 2018: Provided further, That the new study starts shall consist
of five studies where the majority of the benefits are derived from
navigation transportation savings or from flood and storm damage
reduction and one study where the majority of benefits are derived
from environmental restoration: Provided further, That the Secretary shall not deviate from the new starts proposed in the work
plan, once the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
CONSTRUCTION

For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for
conducting detailed studies, and plans and specifications, of such
projects (including those involving participation by States, local
governments, or private groups) authorized or made eligible for
selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to
construction); $2,085,000,000, to remain available until expended;
of which such sums as are necessary to cover the Federal share
of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund as authorized by Public Law 104–303; and of
which such sums as are necessary to cover one-half of the costs
of construction, replacement, rehabilitation, and expansion of inland

H. R. 1625—164
waterways projects shall be derived from the Inland Waterways
Trust Fund, except as otherwise specifically provided for in law:
Provided, That the Secretary shall initiate five new construction
starts during fiscal year 2018: Provided further, That the new
construction starts shall consist of four projects where the majority
of the benefits are derived from navigation transportation savings
or from flood and storm damage reduction and one project where
the majority of the benefits are derived from environmental restoration: Provided further, That for new construction projects, project
cost sharing agreements shall be executed as soon as practicable
but no later than September 30, 2018: Provided further, That no
allocation for a new start shall be considered final and no work
allowance shall be made until the Secretary provides to the Committees on Appropriations of both Houses of Congress an out-year
funding scenario demonstrating the affordability of the selected
new starts and the impacts on other projects: Provided further,
That the Secretary may not deviate from the new starts proposed
in the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress.
MISSISSIPPI RIVER AND TRIBUTARIES

For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley below
Cape Girardeau, Missouri, as authorized by law, $425,000,000, to
remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for inland harbors shall be derived from the Harbor
Maintenance Trust Fund: Provided, That the Secretary shall initiate
one new study start during fiscal year 2018.
OPERATION AND MAINTENANCE

For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage reduction,
aquatic ecosystem restoration, and related projects authorized by
law; providing security for infrastructure owned or operated by
the Corps, including administrative buildings and laboratories;
maintaining harbor channels provided by a State, municipality,
or other public agency that serve essential navigation needs of
general commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters; clearing
and straightening channels; and removing obstructions to navigation, $3,630,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels,
and for inland harbors shall be derived from the Harbor Maintenance Trust Fund; of which such sums as become available from
the special account for the Corps of Engineers established by the
Land and Water Conservation Fund Act of 1965 shall be derived
from that account for resource protection, research, interpretation,
and maintenance activities related to resource protection in the
areas at which outdoor recreation is available; and of which such
sums as become available from fees collected under section 217
of Public Law 104–303 shall be used to cover the cost of operation
and maintenance of the dredged material disposal facilities for
which such fees have been collected: Provided, That 1 percent
of the total amount of funds provided for each of the programs,

H. R. 1625—165
projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for use
by the Chief of Engineers to fund such emergency activities as
the Chief of Engineers determines to be necessary and appropriate,
and that the Chief of Engineers shall allocate during the fourth
quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities.
REGULATORY PROGRAM

For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $200,000,000, to
remain available until September 30, 2019.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation’s early atomic energy program, $139,000,000, to remain
available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES

For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations, repairs,
and other activities in response to such disasters as authorized
by law, $35,000,000, to remain available until expended.
EXPENSES

For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division Engineers;
and for costs of management and operation of the Humphreys
Engineer Center Support Activity, the Institute for Water
Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers
Finance Center allocable to the civil works program, $185,000,000,
to remain available until September 30, 2019, of which not to
exceed $5,000 may be used for official reception and representation
purposes and only during the current fiscal year: Provided, That
no part of any other appropriation provided in this title shall
be available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction and
management activities of the division offices: Provided further, That
any Flood Control and Coastal Emergencies appropriation may
be used to fund the supervision and general administration of
emergency operations, repairs, and other activities in response to
any flood, hurricane, or other natural disaster.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2019: Provided, That not more than
75 percent of such amount may be obligated or expended until

H. R. 1625—166
the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress a work plan that allocates at
least 95 percent of the additional funding provided under each
heading in this title (as designated under such heading in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act)) to specific programs,
projects, or activities.
GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL
(INCLUDING TRANSFER OF FUNDS)

SEC. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the agencies
or entities funded in title I of this Act that remain available for
obligation or expenditure in fiscal year 2018, 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 for any program, project,
or activity for which funds have been denied or restricted
by this Act, unless prior approval is received from the House
and Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
(6) through (10), unless prior approval is received from the
House and Senate Committees on Appropriations;
(6) INVESTIGATIONS.—For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may
be reprogrammed into any continuing study or activity that
did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) CONSTRUCTION.—For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further,
That up to $300,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation for
existing obligations and concomitant administrative expenses;
(8) OPERATION AND MAINTENANCE.—Unlimited reprogramming authority is granted for the Corps to be able to respond
to emergencies: Provided, That the Chief of Engineers shall
notify the House and Senate Committees on Appropriations
of these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000, reprogramming of 15 percent of the base amount up to a limit
of $5,000,000 per project, study, or activity is allowed: Provided

H. R. 1625—167
further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000
may be reprogrammed into any continuing study or activity
that did not receive an appropriation;
(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply
to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account,
respectively; and
(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.—Reprogramming of up to 15 percent of the base of
the receiving project is permitted.
(b) DE MINIMUS REPROGRAMMINGS.—In no case should a reprogramming for less than $50,000 be submitted to the House
and Senate Committees on Appropriations.
(c) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) shall
not apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the House and
Senate Committees on Appropriations to establish the baseline
for application of reprogramming and transfer authorities for the
current fiscal year which 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
applicable, and the fiscal year enacted level; and
(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 appropriations; and
(3) An identification of items of special congressional
interest.
SEC. 102. The Secretary shall allocate funds made available
in this Act solely in accordance with the provisions of this Act
and the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), including the determination and designation of new starts.
SEC. 103. None of the funds made available in this title may
be used to award or modify any contract that commits funds beyond
the amounts appropriated for that program, project, or activity
that remain unobligated, except that such amounts may include
any funds that have been made available through reprogramming
pursuant to section 101.
SEC. 104. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service may
accept and expend, up to $5,400,000 of funds provided in this
title under the heading ‘‘Operation and Maintenance’’ to mitigate
for fisheries lost due to Corps of Engineers projects.
SEC. 105. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material, after
evaluating the least costly, environmentally acceptable manner for
the disposal or management of dredged material originating from
Lake Erie or tributaries thereto, unless it is approved under a
State water quality certification pursuant to section 401 of the
Federal Water Pollution Control Act (33 U.S.C. 1341): Provided,
That until an open lake placement alternative for dredged material
is approved under a State water quality certification, the Corps

H. R. 1625—168
of Engineers shall continue upland placement of such dredged material consistent with the requirements of section 101 of the Water
Resources Development Act of 1986 (33 U.S.C. 2211).
SEC. 106. None of the funds made available in this title may
be used for any acquisition of buoy chain that is not consistent
with 48 CFR 225.7007, subsections (a)(1) and (a)(2).
SEC. 107. None of the funds made available by this Act may
be used to carry out any water supply reallocation study under
the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized under the Act of July 24, 1946 (60 Stat. 636, ch. 595).
SEC. 108. 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)).
SEC. 109. Relative to the Rough River Lake Flowage Easement
Encroachment Resolution Plan, the Chief of Engineers shall submit
to the Committees on Appropriations of both Houses of Congress,
not later than 180 days after the date of enactment of this Act,
a report that includes an inventory of habitable structures and
improvements built, installed, or established in the flowage easement boundary; whether each such structure or improvement in
the inventory was built, installed or established within the flowage
easement boundary before or after the surveys conducted by the
Corps of Engineers in 2013, 2014, and 2015; and what notice
landowners had of the flowage easement boundary prior to those
surveys.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT

For carrying out activities authorized by the Central Utah
Project Completion Act, $10,500,000, to remain available until
expended, of which $898,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah
Reclamation Mitigation and Conservation Commission: Provided,
That of the amount provided under this heading, $1,450,000 shall
be available until September 30, 2019, for expenses necessary in
carrying out related responsibilities of the Secretary of the Interior:
Provided further, That for fiscal year 2018, of the amount made
available to the Commission under this Act or any other Act,
the Commission may use an amount not to exceed $1,500,000
for administrative expenses.
BUREAU

OF

RECLAMATION

The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:

H. R. 1625—169
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)

For management, development, and restoration of water and
related natural resources and for related activities, including the
operation, maintenance, and rehabilitation of reclamation and other
facilities, participation in fulfilling related Federal responsibilities
to Native Americans, and related grants to, and cooperative and
other agreements with, State and local governments, federally recognized Indian tribes, and others, $1,332,124,000, to remain available until expended, of which $67,693,000 shall be available for
transfer to the Upper Colorado River Basin Fund and $5,551,000
shall be available for transfer to the Lower Colorado River Basin
Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund: Provided, That
such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the
total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation
special fee account established by 16 U.S.C. 6806 shall be derived
from that Fund or account: Provided further, That funds contributed
under 43 U.S.C. 395 are available until expended for the purposes
for which the funds were contributed: Provided further, That funds
advanced under 43 U.S.C. 397a shall be credited to this account
and are available until expended for the same purposes as the
sums appropriated under this heading: Provided further, That of
the amounts provided herein, funds may be used for high-priority
projects which shall be carried out by the Youth Conservation
Corps, as authorized by 16 U.S.C. 1706: Provided further, That
in accordance with section 4009(c) of Public Law 114–322 and
as recommended by the Secretary in a letter dated November 21,
2017, funding provided for such purpose in fiscal year 2017 shall
be made available to the North Valley Regional Recycled Water
Program, the Orange County Sanitation District Effluent Reuse
Implementation Project—Headworks Segregation, and the Groundwater Reliability Improvement Program (GRIP) Recycled Water
Project: Provided further, That in accordance with section 4007
of Public Law 114–322 and as recommended by the Secretary in
a letter dated February 23, 2018, funding provided for such purpose
in fiscal year 2017 shall be made available to the Shasta Dam
and Reservoir Enlargement Project, the North-of-Delta Offstream
Storage Investigation/Sites Reservoir Storage Project, the Upper
San Joaquin River Basin Storage Investigation, the Friant-Kern
Canal Subsidence Challenges Project, the Boise River Basin Feasibility Study, the Yakima River Basin Water Enhancement Project—
Cle Elum Pool Raise, and the Upper Yakima System Storage Feasibility Study.
CENTRAL VALLEY PROJECT RESTORATION FUND

For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley
Project Improvement Act, $41,376,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration
Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public
Law 102–575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the

H. R. 1625—170
full amount of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102–575: Provided
further, That none of the funds made available under this heading
may be used for the acquisition or leasing of water for in-stream
purposes if the water is already committed to in-stream purposes
by a court adopted decree or order.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)

For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior, $37,000,000,
to remain available until expended, of which such amounts as
may be necessary to carry out such activities may be transferred
to appropriate accounts of other participating Federal agencies to
carry out authorized purposes: Provided, That funds appropriated
herein may be used for the Federal share of the costs of CALFED
Program management: Provided further, That CALFED
implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
POLICY AND ADMINISTRATION

For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office,
and offices in the five regions of the Bureau of Reclamation, to
remain available until September 30, 2019, $59,000,000, to be
derived from the Reclamation Fund and be nonreimbursable as
provided in 43 U.S.C. 377: Provided, That no part of any other
appropriation in this Act shall be available for activities or functions
budgeted as policy and administration expenses.
ADMINISTRATIVE PROVISION

Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed five passenger motor vehicles, which
are for replacement only.
GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR
SEC. 201. (a) None of the funds provided in title II of this
Act for Water and Related Resources, or provided by previous
or subsequent appropriations Acts to the agencies or entities funded
in title II of this Act for Water and Related Resources that remain
available for obligation or expenditure in fiscal year 2018, shall
be available for obligation or expenditure through a reprogramming
of funds that—
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior

H. R. 1625—171
approval is received from the Committees on Appropriations
of the House of Representatives and the Senate;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the beginning
of the fiscal year; or
(B) $400,000 for any program, project or activity for
which less than $2,000,000 is available at the beginning
of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program, project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations
of the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and
real estate deficiency judgments, unless prior approval is
received from the Committees on Appropriations of the House
of Representatives and the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term transfer means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of the House of
Representatives and the Senate detailing all the funds
reprogrammed between programs, projects, activities, or categories
of funding. The first quarterly report shall be submitted not later
than 60 days after the date of enactment of this Act.
SEC. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis Unit
until development by the Secretary of the Interior and the State
of California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup Program—Alternative Repayment Plan’’ and the
‘‘SJVDP—Alternative Repayment Plan’’ described in the report entitled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program
and San Joaquin Valley Drainage Program, February 1995’’, prepared by the Department of the Interior, Bureau of Reclamation.
Any future obligations of funds by the United States relating to,
or providing for, drainage service or drainage studies for the San
Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries
of such service or studies pursuant to Federal reclamation law.

H. R. 1625—172
SEC. 203. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended
by striking ‘‘2017’’ and inserting ‘‘2020’’.
(b) Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2241) is amended by—
(1) striking ‘‘2017’’ and inserting ‘‘2020’’; and
(2) striking ‘‘$90,000,000’’ and inserting ‘‘$120,000,000’’.
SEC. 204. Notwithstanding any other provision of law, during
the period from November 1 through April 30, water users may
use their diversion structures for the purpose of recharging the
Eastern Snake Plain Aquifer, when the Secretary, in consultation
with the Advisory Committee and Water District 1 watermaster,
determines there is water available in excess of that needed to
satisfy existing Minidoka Project storage and hydropower rights
and ensure operational flexibility.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY EFFICIENCY

AND

RENEWABLE ENERGY

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $2,321,778,000,
to remain available until expended: Provided, That of such amount,
$162,500,000 shall be available until September 30, 2019, for program direction.
ELECTRICITY DELIVERY

AND

ENERGY RELIABILITY

For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for electricity delivery and energy reliability activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$248,329,000, to remain available until expended: Provided, That
of such amount, $28,500,000 shall be available until September
30, 2019, for program direction.
NUCLEAR ENERGY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for nuclear energy activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, $1,205,056,000, to remain available until

H. R. 1625—173
expended: Provided, That of such amount, $80,000,000 shall be
available until September 30, 2019, for program direction.
FOSSIL ENERGY RESEARCH

AND

DEVELOPMENT

For Department of Energy expenses necessary in carrying out
fossil energy research and development activities, under the
authority of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning the
extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602,
and 1603), $726,817,000, to remain available until expended: Provided, That of such amount $60,000,000 shall be available until
September 30, 2019, for program direction.
NAVAL PETROLEUM

AND

OIL SHALE RESERVES

For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities, $4,900,000, to
remain available until expended: Provided, That notwithstanding
any other provision of law, unobligated funds remaining from prior
years shall be available for all naval petroleum and oil shale reserve
activities.
STRATEGIC PETROLEUM RESERVE
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and program
management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $252,000,000, to remain available
until expended: Provided, That, as authorized by section 404 of
the Bipartisan Budget Act of 2015 (Public Law 114–74; 42 U.S.C.
6239 note), the Secretary of Energy shall draw down and sell
not to exceed $350,000,000 of crude oil from the Strategic Petroleum
Reserve in fiscal year 2018: Provided further, That the proceeds
from such drawdown and sale shall be deposited into the ‘‘Energy
Security and Infrastructure Modernization Fund’’ during fiscal year
2018: Provided further, That such amounts shall remain available
until expended for necessary expenses to carry out the Life Extension II project for the Strategic Petroleum Reserve: Provided further,
That section 158 of the Continuing Appropriations Act, 2018 (division D of Public Law 115–56), as amended by the Further Extension
of Continuing Appropriations Act, 2018 (subdivision 3 of division
B of Public Law 115–123), shall no longer apply.
SPR PETROLEUM ACCOUNT
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201
et seq.), sections 403 and 404 of the Bipartisan Budget Act of
2015 (42 U.S.C. 6241, 6239 note), and section 5010 of the 21st
Century Cures Act (Public Law 114–255), $8,400,000, to remain
available until expended.

H. R. 1625—174
NORTHEAST HOME HEATING OIL RESERVE
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $6,500,000, to remain available until expended.
ENERGY INFORMATION ADMINISTRATION
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$125,000,000, to remain available until expended.
NON-DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for non-defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $298,400,000, to
remain available until expended.
URANIUM ENRICHMENT DECONTAMINATION
FUND

AND

DECOMMISSIONING

For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and decommissioning,
remedial actions, and other activities of title II of the Atomic Energy
Act of 1954, and title X, subtitle A, of the Energy Policy Act
of 1992, $840,000,000, to be derived from the Uranium Enrichment
Decontamination and Decommissioning Fund, to remain available
until expended, of which $35,732,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992.
SCIENCE
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for science activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or facility or for plant or facility acquisition, construction, or expansion, and purchase of not more than 16 passenger
motor vehicles for replacement only, including one ambulance and
one bus, $6,259,903,000, to remain available until expended: Provided, That of such amount, $183,000,000 shall be available until
September 30, 2019, for program direction.
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America COMPETES
Act (Public Law 110–69), $353,314,000, to remain available until
expended: Provided, That of such amount, $29,250,000 shall be
available until September 30, 2019, for program direction.

H. R. 1625—175
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM
Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of
2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974:
Provided, That for necessary administrative expenses to carry out
this Loan Guarantee program, $33,000,000 is appropriated from
fees collected in prior years pursuant to section 1702(h) of the
Energy Policy Act of 2005 which are not otherwise appropriated,
to remain available until September 30, 2019: Provided further,
That if the amount in the previous proviso is not available from
such fees, an amount for such purposes is also appropriated from
the general fund so as to result in a total amount appropriated
for such purpose of no more than $23,000,000: Provided further,
That fees collected pursuant to such section 1702(h) for fiscal year
2018 shall be credited as offsetting collections under this heading
and shall not be available until appropriated: Provided further,
That the Department of Energy shall not subordinate any loan
obligation to other financing in violation of section 1702 of the
Energy Policy Act of 2005 or subordinate any Guaranteed Obligation
to any loan or other debt obligations in violation of section 609.10
of title 10, Code of Federal Regulations.
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN
PROGRAM
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles Manufacturing
Loan Program, $5,000,000, to remain available until September
30, 2019.
TRIBAL ENERGY LOAN GUARANTEE PROGRAM
For Department of Energy administrative expenses necessary
in carrying out the Tribal Energy Loan Guarantee Program,
$1,000,000, to remain available until September 30, 2019.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), $285,652,000, to remain available until September 30,
2019, including the hire of passenger motor vehicles and official
reception and representation expenses not to exceed $30,000, plus
such additional amounts as necessary to cover increases in the
estimated amount of cost of work for others notwithstanding the
provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further, That
moneys received by the Department for miscellaneous revenues
estimated to total $96,000,000 in fiscal year 2018 may be retained
and used for operating expenses within this account, as authorized
by section 201 of Public Law 95–238, notwithstanding the provisions
of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced as collections are received during the

H. R. 1625—176
fiscal year so as to result in a final fiscal year 2018 appropriation
from the general fund estimated at not more than $189,652,000.
OFFICE

OF THE INSPECTOR

GENERAL

For expenses necessary for the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $49,000,000, to remain available until September 30, 2019.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$10,642,138,000, to remain available until expended: Provided, That
of such amount, $105,600,000 shall be available until September
30, 2019, for program direction.
DEFENSE NUCLEAR NONPROLIFERATION
(INCLUDING RESCISSION OF FUNDS)

For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$2,048,219,000, to remain available until expended: Provided, That
of the unobligated balances from prior year appropriations available
under this heading, $49,000,000 is hereby rescinded: Provided further, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant
to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
NAVAL REACTORS
(INCLUDING TRANSFER OF FUNDS)

For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant,
and capital equipment, facilities, and facility expansion,
$1,620,000,000, to remain available until expended, of which,
$85,500,000 shall be transferred to ‘‘Department of Energy—Energy

H. R. 1625—177
Programs—Nuclear Energy’’, for the Advanced Test Reactor: Provided, That of such amount, $47,651,000 shall be available until
September 30, 2019, for program direction.
FEDERAL SALARIES

AND

EXPENSES

For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $407,595,000, to
remain available until September 30, 2019, including official reception and representation expenses not to exceed $12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense environmental
cleanup activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$5,988,048,000, to remain available until expended: Provided, That
of such amount, $300,000,000 shall be available until September
30, 2019, for program direction.
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition, construction, or expansion, $840,000,000, to remain available until
expended: Provided, That of such amount, $284,653,000 shall be
available until September 30, 2019, for program direction.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for official
reception and representation expenses in an amount not to exceed
$5,000: Provided, That during fiscal year 2018, no new direct loan
obligations may be made.
OPERATION

AND

MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION

For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant
to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
as applied to the southeastern power area, $6,379,000, including
official reception and representation expenses in an amount not

H. R. 1625—178
to exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944, up to $6,379,000 collected by the Southeastern
Power Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of
funding the annual expenses of the Southeastern Power Administration: Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2018 appropriation
estimated at not more than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to $51,000,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
OPERATION

AND

MAINTENANCE, SOUTHWESTERN POWER
ADMINISTRATION

For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations
and appurtenant facilities, and for administrative expenses,
including official reception and representation expenses in an
amount not to exceed $1,500 in carrying out section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern
Power Administration, $30,288,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up to
$18,888,000 collected by the Southwestern Power Administration
from the sale of power and related services shall be credited to
this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual
expenses of the Southwestern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall
be reduced as collections are received during the fiscal year so
as to result in a final fiscal year 2018 appropriation estimated
at not more than $11,400,000: Provided further, That notwithstanding 31 U.S.C. 3302, up to $40,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and

H. R. 1625—179
other related activities including conservation and renewable
resources programs as authorized, $223,276,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended, of which $221,251,000
shall be derived from the Department of the Interior Reclamation
Fund: Provided, That notwithstanding 31 U.S.C. 3302, section 5
of the Flood Control Act of 1944 (16 U.S.C. 825s), and section
1 of the Interior Department Appropriation Act, 1939 (43 U.S.C.
392a), up to $129,904,000 collected by the Western Area Power
Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections,
to remain available until expended, for the sole purpose of funding
the annual expenses of the Western Area Power Administration:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2018 appropriation
estimated at not more than $93,372,000, of which $91,347,000 is
derived from the Reclamation Fund: Provided further, That notwithstanding 31 U.S.C. 3302, up to $209,000,000 collected by the
Western Area Power Administration pursuant to the Flood Control
Act of 1944 and the Reclamation Project Act of 1939 to recover
purchase power and wheeling expenses shall be credited to this
account as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
FALCON

AND

AMISTAD OPERATING

AND

MAINTENANCE FUND

For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $4,176,000,
to remain available until expended, and to be derived from the
Falcon and Amistad Operating and Maintenance Fund of the
Western Area Power Administration, as provided in section 2 of
the Act of June 18, 1954 (68 Stat. 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 3302, up
to $3,948,000 collected by the Western Area Power Administration
from the sale of power and related services from the Falcon and
Amistad Dams shall be credited to this account as discretionary
offsetting collections, to remain available until expended for the
sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal
year 2018 appropriation estimated at not more than $228,000:
Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the
same year that they are incurred: Provided further, That for fiscal
year 2018, the Administrator of the Western Area Power Administration may accept up to $872,000 in funds contributed by United
States power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,

H. R. 1625—180
and such funds shall be available for the purpose for which contributed in like manner as if said sums had been specifically appropriated for such purpose: Provided further, That any such funds
shall be available without further appropriation and without fiscal
year limitation for use by the Commissioner of the United States
Section of the International Boundary and Water Commission for
the sole purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these Dams
in accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES

For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including services as
authorized by 5 U.S.C. 3109, official reception and representation
expenses not to exceed $3,000, and the hire of passenger motor
vehicles, $367,600,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to
exceed $367,600,000 of revenues from fees and annual charges,
and other services and collections in fiscal year 2018 shall be
retained and used for expenses necessary in this account, and
shall remain available until expended: Provided further, That the
sum herein appropriated from the general fund shall be reduced
as revenues 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 $0.
GENERAL PROVISIONS—DEPARTMENT OF ENERGY
(INCLUDING TRANSFERS OF FUNDS)

SEC. 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used
to initiate or resume any program, project, or activity or to prepare
or initiate Requests For Proposals or similar arrangements
(including Requests for Quotations, Requests for Information, and
Funding Opportunity Announcements) for a program, project, or
activity if the program, project, or activity has not been funded
by Congress.
(b)(1) Unless the Secretary of Energy 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 title
may be used to—
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).

H. R. 1625—181
(2) The Secretary of Energy 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.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) 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.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made available in this title under the heading ‘‘Department of Energy—Energy
Programs’’, enter into a multiyear contract, award a multiyear
grant, or enter into a multiyear cooperative agreement unless—
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government’s obligation on
the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified
in the ‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table
included under the heading ‘‘Title III—Department of Energy’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the Department shall notify the Committees on Appropriations of both Houses
of Congress at least 30 days prior to the use of any proposed
reprogramming that would cause any program, project, or activity
funding level to increase or decrease by more than $5,000,000
or 10 percent, whichever is less, during the time period covered
by this Act.
(f) None of the funds provided in this title shall be available
for obligation or expenditure through a reprogramming of funds
that—
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement
or restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under

H. R. 1625—182
paragraph (1) as soon as practicable, but not later than 3 days
after the date of the activity to which a requirement or restriction
would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted
such waiver.
(h) The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
SEC. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for intelligence
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.
SEC. 303. None of the funds made available in this title shall
be used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure
the project is in compliance with nuclear safety requirements.
SEC. 304. None of the funds made available in this title may
be used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project
cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision.
SEC. 305. (a) None of the funds made available in this or
any prior Act under the heading ‘‘Defense Nuclear Nonproliferation’’
may be made available to enter into new contracts with, or new
agreements for Federal assistance to, the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in subsection (a) if the Secretary determines that such activity is in
the national security interests of the United States. This waiver
authority may not be delegated.
(c) A waiver under subsection (b) shall not be effective until
15 days after the date on which the Secretary submits to the
Committees on Appropriations of both Houses of Congress, in classified form if necessary, a report on the justification for the waiver.
SEC. 306. (a) NEW REGIONAL RESERVES.—The Secretary of
Energy may not establish any new regional petroleum product
reserve unless funding for the proposed regional petroleum product
reserve is explicitly requested in advance in an annual budget
submission and approved by the Congress in an appropriations
Act.
(b) The budget request or notification shall include—
(1) the justification for the new reserve;
(2) a cost estimate for the establishment, operation, and
maintenance of the reserve, including funding sources;
(3) a detailed plan for operation of the reserve, including
the conditions upon which the products may be released;
(4) the location of the reserve; and
(5) the estimate of the total inventory of the reserve.
SEC. 307. The Secretary of Energy may not transfer more
than $274,833,000 from the amounts made available under this
title to the working capital fund established under section 653

H. R. 1625—183
of the Department of Energy Organization Act (42 U.S.C. 7263):
Provided, That the Secretary may transfer additional amounts to
the working capital fund after the Secretary provides notification
in advance of any such transfer to the Committees on Appropriations of both Houses of Congress: Provided further, That any such
notification shall identify the sources of funds by program, project,
or activity: Provided further, That the Secretary shall notify the
Committees on Appropriations of both Houses of Congress before
adding or removing any activities from the fund.
SEC. 308. Not later than 90 days after the date of enactment
of this Act, the Secretary of the Department of Energy, in consultation with the Office of Management and Budget, shall submit
to the Committees on Appropriations of both Houses of Congress
a report that provides a detailed explanation, using specific receipts
data and legal authorities, of how each of the Western Area Power
Administration, the Southwestern Power Administration, and the
Southeastern Power Administration are executing current receipt
authority provided in this and prior year appropriations Acts to
create carryover of unobligated balances for purchase power and
wheeling expenditures.
SEC. 309. (a) Funds provided by this Act for Project 99–D–
143, Mixed Oxide Fuel Fabrication Facility, and any funds provided
by prior Acts for such Project that remain unobligated, may be
made available only for construction and project support activities
for such Project.
(b) The Secretary of Energy shall not be subject to the requirements of subsection (a) if the Secretary waives the requirements
of section 3121(a) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115–91) in accordance with subsection
(b) of such section.
(c) If the Secretary waives the requirements of section 3121(a)
of the National Defense Authorization Act for Fiscal Year 2018,
the Secretary—
(1) shall concurrently submit to the Committees on Appropriations of both Houses of Congress the lifecycle cost estimate
used to make the certification under section 3121(b) of such
Act; and
(2) may not use funds provided for the Project to eliminate
such Project until the date that is 30 days after the submission
of the lifecycle cost estimate required under paragraph (1).
SEC. 310. The unappropriated receipts currently in the Uranium
Supply and Enrichment Activities account shall be transferred to
and merged with the Uranium Enrichment Decontamination and
Decommissioning Fund and shall be available only to the extent
provided in advance in appropriations Acts.
SEC. 311. Notwithstanding section 161 of the Energy Policy
and Conservation Act (42 U.S.C. 6241), upon a determination by
the President in this fiscal year that a regional supply shortage
of refined petroleum product of significant scope and duration exists,
that a severe increase in the price of refined petroleum product
will likely result from such shortage, and that a draw down and
sale of refined petroleum product would assist directly and significantly in reducing the adverse impact of such shortage, the Secretary of Energy may draw down and sell refined petroleum product
from the Strategic Petroleum Reserve. Proceeds from a sale under
this section shall be deposited into the SPR Petroleum Account
established in section 167 of the Energy Policy and Conservation

H. R. 1625—184
Act (42 U.S.C. 6247), and such amounts shall be available for
obligation, without fiscal year limitation, consistent with that section.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, and for
expenses necessary for the Federal Co-Chairman and the Alternate
on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of
passenger motor vehicles, $155,000,000, to remain available until
expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES

For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the Atomic
Energy Act of 1954, as amended by Public Law 100–456, section
1441, $31,000,000, to remain available until September 30, 2019.
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES

For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta Regional
Authority Act of 2000, notwithstanding sections 382F(d), 382M,
and 382N of said Act, $25,000,000, to remain available until
expended.
DENALI COMMISSION
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses, $30,000,000, to remain
available until expended, notwithstanding the limitations contained
in section 306(g) of the Denali Commission Act of 1998: Provided,
That funds shall be available for construction projects in an amount
not to exceed 80 percent of total project cost for distressed communities, as defined by section 307 of the Denali Commission Act
of 1998 (division C, title III, Public Law 105–277), as amended
by section 701 of appendix D, title VII, Public Law 106–113 (113
Stat. 1501A–280), and an amount not to exceed 50 percent for
non-distressed communities: Provided further, That notwithstanding any other provision of law regarding payment of a nonFederal share in connection with a grant-in-aid program, amounts
under this heading shall be available for the payment of such
a non-Federal share for programs undertaken to carry out the
purposes of the Commission.

H. R. 1625—185
NORTHERN BORDER REGIONAL COMMISSION
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $15,000,000, to remain available
until expended: Provided, That such amounts shall be available
for administrative expenses, notwithstanding section 15751(b) of
title 40, United States Code: Provided further, That during fiscal
year 2018, the duties and authority of the Federal Cochairperson
shall be assumed by the Northern Border Regional Commission
Program Director if the position of the Federal Cochairperson and
Alternate Federal Cochairperson is vacant.
SOUTHEAST CRESCENT REGIONAL COMMISSION
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $250,000, to remain available until
expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
(INCLUDING RESCISSION OF FUNDS)

For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $909,137,000, including official representation expenses not to exceed $25,000, to remain available
until expended: Provided, That of the amount appropriated herein,
not more than $9,500,000 may be made available for salaries,
travel, and other support costs for the Office of the Commission,
to remain available until September 30, 2019, of which, notwithstanding section 201(a)(2)(c) of the Energy Reorganization Act of
1974 (42 U.S.C. 5841(a)(2)(c)), the use and expenditure shall only
be approved by a majority vote of the Commission: Provided further,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $779,768,032 in fiscal year
2018 shall be retained and used for necessary salaries and expenses
in this account, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That of the amounts
appropriated under this heading, not less than $10,000,000 shall
be for activities related to the development of regulatory infrastructure for advanced nuclear technologies, and $16,200,000 shall be
for international activities, except that the amounts provided under
this proviso shall not be derived from fee revenues, notwithstanding
42 U.S.C. 2214: Provided further, That the sum herein appropriated
shall be reduced by the amount of revenues received during fiscal
year 2018 so as to result in a final fiscal year 2018 appropriation
estimated at not more than $129,300,892: Provided further, That
of the amounts appropriated under this heading, $10,000,000 shall
be for university research and development in areas relevant to
the Commission’s mission, and $5,000,000 shall be for a Nuclear
Science and Engineering Grant Program that will support multiyear
projects that do not align with programmatic missions but are
critical to maintaining the discipline of nuclear science and

H. R. 1625—186
engineering: Provided further, That $68,076.04 of unobligated balances from the funds transferred to the Nuclear Regulatory
Commission from the United States Agency for International
Development pursuant to section 632(a) of the Foreign Assistance
Act of 1961 are rescinded: Provided further, That no amounts may
be rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $12,859,000, to remain available until September 30, 2019:
Provided, That revenues from licensing fees, inspection services,
and other services and collections estimated at $10,555,000 in fiscal
year 2018 shall be retained and be available until September 30,
2019, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided
further, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 2018 so as
to result in a final fiscal year 2018 appropriation estimated at
not more than $2,304,000: Provided further, That of the amounts
appropriated under this heading, $1,131,000 shall be for Inspector
General services for the Defense Nuclear Facilities Safety Board,
which shall not be available from fee revenues.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES

For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100–203, section 5051,
$3,600,000, to be derived from the Nuclear Waste Fund, to remain
available until September 30, 2019.
GENERAL PROVISIONS—INDEPENDENT AGENCIES
SEC. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for
information.
SEC. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall notify the
Committees on Appropriations of both Houses of Congress at least
30 days prior to the use of any proposed reprogramming that
would cause any program funding level to increase or decrease
by more than $500,000 or 10 percent, whichever is less, during
the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with such
requirement would pose a substantial risk to human health, the
environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of any
waiver under paragraph (1) as soon as practicable, but not later

H. R. 1625—187
than 3 days after the date of the activity to which a requirement
or restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under paragraph
(1) that permitted such waiver and shall provide a detailed report
to the Committees of such waiver and changes to funding levels
to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ‘‘Nuclear Regulatory
Commission—Salaries and Expenses’’ shall be expended as directed
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through
a reprogramming of funds that increases funds or personnel for
any program, project, or activity for which funds are denied or
restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress, which
includes the following for each program, project, or activity,
including any prior year appropriations—
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
SEC. 501. 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.
SEC. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant
to a transfer made by or transfer authority provided in this Act
or any other appropriations Act for any fiscal year, transfer
authority referenced in the report of the Committee on Appropriations accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government may
be transferred to accounts funded in title III of this Act, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal year,
transfer authority referenced in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide
goods or services to another department, agency, or instrumentality.
(c) The head of any relevant department or agency funded
in this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any

H. R. 1625—188
authority whereby a department, agency, or instrumentality of the
United States Government may provide goods or services to another
department, agency, or instrumentality, used in the previous 6
months and in the year-to-date. This report shall include the
amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority.
SEC. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of February
11, 1994 (Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations).
SEC. 504. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
This division may be cited as the ‘‘Energy and Water Development and Related Agencies Appropriations Act, 2018’’.
DIVISION E—FINANCIAL SERVICES AND GENERAL
GOVERNMENT APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES

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;

H. R. 1625—189
(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
SALARIES AND EXPENSES

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, $141,778,000: Provided, That of the amount appropriated under this heading: (1)
up to $32,000,000 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 until
September 30, 2019.
CYBERSECURITY ENHANCEMENT ACCOUNT

For salaries and expenses for enhanced cybersecurity for systems operated by the Department of the Treasury, $24,000,000,
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
(INCLUDING TRANSFER OF FUNDS)

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, $4,426,000,
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

H. R. 1625—190
‘‘Internal Revenue Service, Operations Support’’ or ‘‘Internal Revenue Service, Business Systems Modernization’’.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$37,044,000, 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.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND 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; $169,634,000, 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 available for official reception
and representation expenses.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF
PROGRAM
SALARIES AND EXPENSES

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), $34,000,000.
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES

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

H. R. 1625—191
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
(RESCISSION)

Of the unobligated balances available under this heading,
$702,000,000 are hereby permanently rescinded not later than September 30, 2018.
(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

SALARIES AND EXPENSES

For necessary expenses of operations of the Bureau of the
Fiscal Service, $338,280,000; 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 representation expenses.
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

SALARIES AND EXPENSES

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 seq.).

H. R. 1625—192
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 the 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 Improvements 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,
$250,000,000. Of the amount appropriated under this heading—
(1) not less than $160,000,000, 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, is available until September
30, 2019, for financial assistance, technical assistance, training,
and outreach 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 $2,680,000 may be used
for the cost of direct loans, and of which up to $3,000,000,
notwithstanding subsection (d) of section 108 of Public Law
103–325 (12 U.S.C. 4707 (d)), 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
$25,000,000;
(2) not less than $16,000,000, 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 Alaska Native 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 $25,000,000 is available until September
30, 2019, for the Bank Enterprise Award program;
(4) not less than $22,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103–325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2019, for

H. R. 1625—193
a Healthy Food Financing Initiative to provide financial assistance, technical assistance, training, and outreach to community
development financial institutions for the purpose of offering
affordable financing and technical assistance to expand the
availability of healthy food options in distressed communities;
(5) up to $27,000,000 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
(6) 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 December 31, 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 the 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 2011–2015 5-year data series available from the American Community Survey of the Census
Bureau.
INTERNAL REVENUE SERVICE
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, $2,506,554,000, of which
not less than $9,890,000 shall be for the Tax Counseling for the
Elderly Program, of which not less than $12,000,000 shall be available for low-income taxpayer clinic grants, and of which not less
than $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 $5,500,000 shall be for identity theft casework.
ENFORCEMENT

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

H. R. 1625—194
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, $4,860,000,000, 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.
OPERATIONS SUPPORT

For necessary expenses of the Internal Revenue Service to
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; $3,634,000,000, 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 Committees on Appropriations of the
House of Representatives 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 Appropriations of the House of Representatives and the Senate and
the Comptroller General of the United States detailing the cost
and schedule performance for major information technology investments, including the purposes and life-cycle stages of the investments; the reasons for any cost and schedule variances; the risks

H. R. 1625—195
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
(INCLUDING TRANSFERS OF FUNDS)

SEC. 101. Not to exceed 5 percent of any appropriation 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 Appropriations.
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 the United States.
SEC. 108. None of the funds made available in this Act may
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/

H. R. 1625—196
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.
SEC. 111. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal Revenue
Code of 1986 (relating to confidentiality and disclosure of returns
and return information).
SEC. 112. 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.
SEC. 113. In addition to the amounts otherwise made available
in this Act for the Internal Revenue Service, $320,000,000, to be
available until September 30, 2019, shall be transferred by the
Commissioner to the ‘‘Taxpayer Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ accounts of the Internal Revenue Service for an
additional amount to be used solely for carrying out Public Law
115–97: Provided, That such funds shall not be available until
the Commissioner submits to the Committees on Appropriations
of the House of Representatives and the Senate a spending plan
for such funds.
ADMINISTRATIVE PROVISIONS—DEPARTMENT

OF THE

TREASURY

(INCLUDING TRANSFERS OF FUNDS)

SEC. 114. 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. 115. 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 percent.

H. R. 1625—197
SEC. 116. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
SEC. 117. 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. 118. 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.
SEC. 119. None of the funds appropriated or otherwise made
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.
SEC. 120. None of the funds appropriated or otherwise made
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.
SEC. 121. Funds appropriated by this Act, or made 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. 122. 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 representation expenses.
SEC. 123. 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.

H. R. 1625—198
SEC. 124. 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. 125. 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.
SEC. 126. (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. 127. 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.

H. R. 1625—199
This title may be cited as the ‘‘Department of the Treasury
Appropriations Act, 2018’’.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
THE WHITE HOUSE
SALARIES AND EXPENSES

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

OPERATING EXPENSES

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

H. R. 1625—200
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 Code.
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.
COUNCIL

OF

ECONOMIC ADVISERS

SALARIES AND EXPENSES

For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of 1946
(15 U.S.C. 1021 et seq.), $4,187,000.
NATIONAL SECURITY COUNCIL

AND

HOMELAND SECURITY COUNCIL

SALARIES AND EXPENSES

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

SALARIES AND EXPENSES

For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $100,000,000, of which
not to exceed $12,800,000 shall remain available until expended

H. R. 1625—201
for continued modernization of information resources within the
Executive Office of the President.
OFFICE

OF

MANAGEMENT

AND

BUDGET

SALARIES AND EXPENSES

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, $101,000,000,
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
SALARIES AND EXPENSES

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,

H. R. 1625—202
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 Office.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of National Drug Control
Policy’s High Intensity Drug Trafficking Areas Program,
$280,000,000, 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 Appropriations of the House of Representatives and the Senate, such amounts may be transferred back to
this appropriation.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)

For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public
Law 109–469), $117,093,000, to remain available until expended,
which shall be available as follows: $99,000,000 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

H. R. 1625—203
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; and $1,250,000 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

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the furtherance of integrated, efficient, secure, and effective uses of information technology in the
Federal Government, $19,000,000, 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

SALARIES AND EXPENSES

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

OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)

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 activities.

H. R. 1625—204
ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE
PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT
(INCLUDING TRANSFER OF FUNDS)

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 Appropriations of the House
of Representatives and the 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.
SEC. 202. Within 90 days after the date of enactment of this
section, the Director of the Office of Management and Budget shall
submit a report to the Committees on Appropriations of the House
of Representatives and the Senate 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

H. R. 1625—205
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-fiscalyear 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 $100,000,000.
This title may be cited as the ‘‘Executive Office of the President
Appropriations Act, 2018’’.
TITLE III
THE JUDICIARY
SUPREME COURT

OF THE

UNITED STATES

SALARIES AND EXPENSES

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, $82,028,000, of
which $1,500,000 shall remain available until expended.
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, $16,153,000, to remain
available until expended.
UNITED STATES COURT

OF

APPEALS

FOR THE

FEDERAL CIRCUIT

SALARIES AND EXPENSES

For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $31,291,000.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and
judges of the court.

H. R. 1625—206
UNITED STATES COURT

OF INTERNATIONAL

TRADE

SALARIES AND EXPENSES

For salaries of officers and employees of the court, services,
and necessary expenses of the court, as authorized by law,
$18,889,000.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and
judges of the court.
COURTS

OF

APPEALS, DISTRICT COURTS,
SERVICES

AND

OTHER JUDICIAL

SALARIES AND EXPENSES

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, $5,099,061,000 (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.
In addition, there are appropriated such sums as may be 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
$8,230,000, 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
compensation and reimbursement of expenses of attorneys
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, $1,078,713,000 to remain available until
expended.

H. R. 1625—207
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)),
$50,944,000, 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.
COURT SECURITY
(INCLUDING TRANSFER OF FUNDS)

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), $586,999,000, of which not
to exceed $20,000,000 shall remain available until 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

SALARIES AND EXPENSES

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, $90,423,000, of which not to
exceed $8,500 is authorized for official reception and representation
expenses.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90–219, $29,265,000; 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 reception and representation expenses.

H. R. 1625—208
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $18,699,000,
of which not to exceed $1,000 is authorized for official reception
and representation expenses.
ADMINISTRATIVE PROVISIONS—THE JUDICIARY
(INCLUDING TRANSFER OF FUNDS)

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.
SEC. 302. Not to exceed 5 percent of any appropriation 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.
SEC. 303. Notwithstanding any other provision of law, the
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 Security.
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 matter following paragraph 12—
(1) in the second sentence (relating to the District of
Kansas), by striking ‘‘26 years and 6 months’’ and inserting
‘‘27 years and 6 months’’; and

H. R. 1625—209
(2) in the sixth sentence (relating to the District of Hawaii),
by striking ‘‘21 years and 6 months’’ and inserting ‘‘24 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 striking ‘‘15 years’’ and inserting
‘‘16 years’’;
(2) in the second sentence (relating to the central District
of California), by striking ‘‘14 years and 6 months’’ and inserting
‘‘15 years and 6 months’’; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ‘‘13 years’’ and inserting ‘‘14
years’’.
SEC. 307. (a) Section 1871(b) of title 28, United States Code,
is amended in paragraph (1) by striking ‘‘$40’’ and inserting ‘‘$50’’.
(b) EFFECTIVE DATE.—The amendment made in subsection (a)
shall take effect 45 days after the date of enactment of this Act.
This title may be cited as the ‘‘Judiciary Appropriations Act,
2018’’.
TITLE IV
DISTRICT OF COLUMBIA
FEDERAL FUNDS
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, $40,000,000, 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

H. R. 1625—210
on Appropriations of the House of Representatives and the Senate
for these funds showing, by object class, the expenditures made
and the purpose therefor.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS
IN THE DISTRICT OF COLUMBIA

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
(INCLUDING TRANSFER OF FUNDS)

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

H. R. 1625—211
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), $49,890,000, to remain
available until expended: Provided, 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 not to exceed $2,000 is for official
reception and 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

For salaries and expenses, including the transfer and hire
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, $41,829,000: Provided,

H. R. 1625—212
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, $2,000,000, 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, $270,000.
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, $5,000,000.
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 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

H. R. 1625—213
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 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 projects.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND
SEWER AUTHORITY

For a Federal payment to the District of Columbia Water
and Sewer Authority, $14,000,000, to remain available until
expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water
and Sewer Authority provides a 100 percent match for this payment.
This title may be cited as the ‘‘District of Columbia Appropriations Act, 2018’’.
TITLE V
INDEPENDENT AGENCIES
ADMINISTRATIVE CONFERENCE

OF THE

UNITED STATES

SALARIES AND EXPENSES

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 which not to
exceed $1,000 is for official reception and representation expenses.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES

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 individuals not
to exceed the per diem rate equivalent to the 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 $8,000 for official reception and representation

H. R. 1625—214
expenses, $126,000,000, of which $1,100,000 shall remain available
until expended to carry out the program, including administrative
costs, required by section 1405 of the Virginia Graeme Baker Pool
and Spa Safety Act (Public Law 110–140; 15 U.S.C. 8004).
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;
and
(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.
ELECTION ASSISTANCE COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107–252), $10,100,000, of which $1,500,000
shall be transferred to the National Institute of Standards and
Technology for election reform activities authorized under the Help
America Vote Act of 2002.
ELECTION REFORM PROGRAM

Notwithstanding section 104(c)(2)(B) of the Help America Vote
Act of 2002 (52 U.S.C. 20904(c)(2)(B)), $380,000,000 is provided

H. R. 1625—215
to the Election Assistance Commission for necessary expenses to
make payments to States for activities to improve the administration of elections for Federal office, including to enhance election
technology and make election security improvements, as authorized
by sections 101, 103, and 104 of such Act: Provided, That each
reference to the ‘‘Administrator of General Services’’ or the
‘‘Administrator’’ in sections 101 and 103 shall be deemed to refer
to the ‘‘Election Assistance Commission’’: Provided further, That
each reference to ‘‘$5,000,000’’ in section 103 shall be deemed to
refer to ‘‘$3,000,000’’ and each reference to ‘‘$1,000,000’’ in section
103 shall be deemed to refer to ‘‘$600,000’’: Provided further, That
not later than 45 days after the date of enactment of this Act,
the Election Assistance Commission shall make the payments to
states under this heading: Provided further, That not later than
two years after receiving a payment under this heading, a state
shall make available funds for such activities in an amount equal
to 5 percent of the total amount of the payment made to the
State under this heading.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES

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, $322,035,000, to remain available
until expended: Provided, 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.
ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS
COMMISSION

SEC. 510. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal service
support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service

H. R. 1625—216
regarding single connection or primary line restrictions on universal
service support payments.
SEC. 511. Section 6403 of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1452) is amended by adding
at the end the following:
‘‘(j) RESERVE SOURCE FOR PAYMENT OF RELOCATION COSTS.—
‘‘(1) FUNDING.—There are hereby authorized to be appropriated, and appropriated, to the TV Broadcaster Relocation
Fund established by subsection (d), out of any monies in the
Treasury not otherwise appropriated—
‘‘(A) for fiscal year 2018, $600,000,000, to remain available, notwithstanding subsection (d)(4), until not later than
July 3, 2023, pursuant to this subsection; and
‘‘(B) for fiscal year 2019, $400,000,000, to remain available, notwithstanding subsection (d)(4), until not later than
July 3, 2023, pursuant to this subsection.
‘‘(2) AVAILABILITY OF FUNDS.—
‘‘(A) IN GENERAL.—If the Commission makes the certification described in subparagraph (B), amounts made available to the TV Broadcaster Relocation Fund by paragraph
(1) shall be available to the Commission to make—
‘‘(i) reimbursements pursuant to subsection
(b)(4)(A)(i) or (b)(4)(A)(ii), including not more than
$350,000,000 for this purpose from funds made available by paragraph (1)(A);
‘‘(ii) payments required by subsection (k), including
not more than $150,000,000 for this purpose from funds
made available by paragraph (1)(A);
‘‘(iii) payments required by subsection (l), including
not more than $50,000,000 for this purpose from funds
made available by paragraph (1)(A); and
‘‘(iv) payments solely for the purposes of consumer
education relating to the reorganization of broadcast
television spectrum under subsection (b), including
$50,000,000 for this purpose from funds made available
by paragraph (1)(A).
‘‘(B) CERTIFICATION.—The certification described in this
subparagraph is a certification from the Commission to
the Secretary of the Treasury that the funds available
prior to the date of enactment of this subsection in the
TV Broadcaster Relocation Fund are likely to be insufficient
to reimburse reasonably incurred costs described in subsection (b)(4)(A)(i) or (b)(4)(A)(ii).
‘‘(C) AVAILABILITY FOR PAYMENTS AFTER APRIL 13,
2020.—
‘‘(i) FOR PAYMENTS TO BROADCAST TELEVISION
LICENSEES AND MVPDS.—Notwithstanding subsection
(b)(4)(D), the Commission may make payments pursuant to subsection (b)(4)(A)(i) or (b)(4)(A)(ii) from
amounts made available to the TV Broadcaster Relocation Fund by paragraph (1) after April 13, 2020, if,
before making any such payments after such date,
the Commission submits to Congress a certification
that such payments are necessary to reimburse reasonably incurred costs described in such subsection.
‘‘(ii) FOR PAYMENTS TO TELEVISION TRANSLATOR
STATIONS AND LOW POWER TELEVISION STATIONS.—

H. R. 1625—217
Amounts made available to the TV Broadcaster Relocation Fund by paragraph (1) shall not be available to
the Commission to make payments required by subsection (k) after April 13, 2020, unless, before making
any such payments after such date, the Commission
submits to Congress a certification that such payments
are necessary to reimburse costs reasonably incurred
by a television translator station or low power television station (as such terms are defined in subsection
(k)) on or after January 1, 2017, in order for such
station to relocate its television service from one
channel to another channel or otherwise modify its
facility as a result of the reorganization of broadcast
television spectrum under subsection (b).
‘‘(iii) FOR PAYMENTS TO FM BROADCAST STATIONS.—
Amounts made available to the TV Broadcaster Relocation Fund by paragraph (1) shall not be available to
the Commission to make payments required by subsection (l) after April 13, 2020, unless, before making
any such payments after such date, the Commission
submits to Congress a certification that such payments
are necessary to reimburse costs reasonably incurred
by an FM broadcast station (as defined in subsection
(l)) for facilities necessary for such station to reasonably
minimize disruption of service as a result of the reorganization of broadcast television spectrum under subsection (b).
‘‘(3) UNUSED FUNDS RESCINDED AND DEPOSITED INTO THE
GENERAL FUND OF THE TREASURY.—
‘‘(A) RESCISSION AND DEPOSIT.—If any unobligated
amounts made available to the TV Broadcaster Relocation
Fund by paragraph (1) remain in the Fund after the date
described in subparagraph (B), such amounts shall be
rescinded and deposited into the general fund of the
Treasury, where such amounts shall be dedicated for the
sole purpose of deficit reduction.
‘‘(B) DATE DESCRIBED.—The date described in this
subparagraph is the earlier of—
‘‘(i) the date of a certification by the Commission
under subparagraph (C) that all reimbursements
pursuant to subsections (b)(4)(A)(i) and (b)(4)(A)(ii)
have been made and that all reimbursements pursuant
to subsections (k) and (l) have been made; or
‘‘(ii) July 3, 2023.
‘‘(C) CERTIFICATION.—If all reimbursements pursuant
to subsections (b)(4)(A)(i) and (b)(4)(A)(ii) and all reimbursements pursuant to subsections (k) and (l) have been made
before July 3, 2023, the Commission shall submit to the
Secretary of the Treasury a certification that all such
reimbursements have been made.
‘‘(4) ADMINISTRATIVE COSTS.—The amount of auction proceeds that the salaries and expenses account of the Commission
is required to retain under section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)), including from
the proceeds of the forward auction under this section, shall
be sufficient to cover the administrative costs incurred by the
Commission in making any reimbursements out of the TV

H. R. 1625—218
Broadcaster Relocation Fund from amounts made available to
that Fund by paragraph (1).
‘‘(k) PAYMENT OF RELOCATION COSTS OF TELEVISION TRANSLATOR STATIONS AND LOW POWER TELEVISION STATIONS.—
‘‘(1) PAYMENT REQUIRED.—From amounts made available
under subsection (j)(2), the Commission shall reimburse costs
reasonably incurred by a television translator station or low
power television station on or after January 1, 2017, in order
for such station to relocate its television service from one
channel to another channel or otherwise modify its facility
as a result of the reorganization of broadcast television spectrum under subsection (b). Only stations that are eligible to
file and do file an application in the Commission’s Special
Displacement Window are eligible to seek reimbursement under
this paragraph.
‘‘(2) LIMITATION.—The Commission may not make
reimbursements under paragraph (1) for lost revenues.
‘‘(3) DUPLICATIVE PAYMENTS PROHIBITED.—In the case of
a low power television station that has been accorded primary
status as a Class A television licensee under section 73.6001(a)
of title 47, Code of Federal Regulations—
‘‘(A) if the licensee of such station has received
reimbursement with respect to such station under subsection (b)(4)(A)(i) (including from amounts made available
under subsection (j)(2)(A)(i)), or from any other source,
such station may not receive reimbursement under paragraph (1); and
‘‘(B) if such station has received reimbursement under
paragraph (1), the licensee of such station may not receive
reimbursement with respect to such station under subsection (b)(4)(A)(i).
‘‘(4) ADDITIONAL LIMITATION.—The Commission may not
make reimbursement under paragraph (1) for costs incurred
to resolve mutually exclusive applications, including costs
incurred in any auction of available channels.
‘‘(5) DEFINITIONS.—In this subsection:
‘‘(A) LOW POWER TELEVISION STATION.—The term ‘low
power television station’ means a low power TV station
(as defined in section 74.701 of title 47, Code of Federal
Regulations) that was licensed and transmitting for at
least 9 of the 12 months prior to April 13, 2017. For
purposes of the preceding sentence, the operation of analog
and digital companion facilities may be combined.
‘‘(B) TELEVISION TRANSLATOR STATION.—The term ‘television translator station’ means a television broadcast
translator station (as defined in section 74.701 of title
47, Code of Federal Regulations) that was licensed and
transmitting for at least 9 of the 12 months prior to April
13, 2017. For purposes of the preceding sentence, the operation of analog and digital companion facilities may be
combined.
‘‘(l) PAYMENT OF RELOCATION COSTS OF FM BROADCAST STATIONS.—
‘‘(1) PAYMENT REQUIRED.—
‘‘(A) IN GENERAL.—From amounts made available
under subsection (j)(2), the Commission shall reimburse
costs reasonably incurred by an FM broadcast station for

H. R. 1625—219
facilities necessary for such station to reasonably minimize
disruption of service as a result of the reorganization of
broadcast television spectrum under subsection (b).
‘‘(B) LIMITATION.—The Commission may not make
reimbursements under subparagraph (A) for lost revenues.
‘‘(C) DUPLICATIVE PAYMENTS PROHIBITED.—If an FM
broadcast station has received a payment for interim facilities from the licensee of a television broadcast station that
was reimbursed for such payment under subsection
(b)(4)(A)(i) (including from amounts made available under
subsection (j)(2)(A)(i)), or from any other source, such FM
broadcast station may not receive any reimbursements
under subparagraph (A).
‘‘(2) FM BROADCAST STATION DEFINED.—In this subsection,
the term ‘FM broadcast station’ has the meaning given such
term in section 73.310 of title 47, Code of Federal Regulations,
and includes an FM translator, which has the meaning given
the term ‘FM translator’ in section 74.1201 of such title.
‘‘(m) RULEMAKING.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this subsection, the Commission shall complete
a rulemaking to implement subsections (k) and (l).
‘‘(2) MATTERS FOR INCLUSION.—The rulemaking completed
under paragraph (1) shall include the development of lists
of reasonable eligible costs to be reimbursed by the Commission
pursuant to subsections (k) and (l), and procedures for the
submission and review of cost estimates and other materials
related to those costs consistent with the regulations developed
by the Commission pursuant to subsection (b)(4).
‘‘(n) RULE OF CONSTRUCTION.—
‘‘(1) Nothing in subsections (j) through (m) shall alter the
final transition phase completion date established by the
Commission for full power and Class A television stations.’’.
FEDERAL DEPOSIT INSURANCE CORPORATION
OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$39,136,000, to be derived from the Deposit Insurance Fund or,
only when appropriate, the FSLIC Resolution Fund.
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $71,250,000, of which not
to exceed $5,000 shall be available for reception and representation
expenses.

H. R. 1625—220
FEDERAL LABOR RELATIONS AUTHORITY
SALARIES AND EXPENSES

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, including
services authorized by 5 U.S.C. 3109, and including hire of experts
and consultants, hire of passenger motor vehicles, and including
official reception and representation expenses (not to exceed $1,500)
and rental of conference rooms in the District of Columbia and
elsewhere, $26,200,000: 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.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES

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, $306,317,000, to remain available
until expended: Provided, 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
further, That, notwithstanding any other provision of law, 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).

H. R. 1625—221
GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFERS OF FUNDS)

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 $9,073,938,000, of which—
(1) $692,069,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $132,979,000 shall be for the Alexandria Bay, New
York, Land Port of Entry;
(B) $121,848,000 shall be for the San Diego, California,
Otay Mesa Land Port of Entry;
(C) $137,242,000 shall be for the Harrisburg, Pennsylvania, United States Courthouse, as requested by the Federal Judiciary;
(D) $110,000,000 shall be for the Huntsville, Alabama,
United States Courthouse, as requested by the Federal
Judiciary;
(E) $190,000,000 shall be for the Fort Lauderdale,
Florida, United States Courthouse, as requested by the
Federal Judiciary:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but
not to exceed 10 percent of the amounts included in a transmitted prospectus, if required, unless advance approval is
obtained from the Committees on Appropriations of a greater
amount;
(2) $666,335,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which—

H. R. 1625—222
(A) $289,245,000 is for Major Repairs and Alterations;
(B) $312,090,000 is for Basic Repairs and Alterations;
and
(C) $65,000,000 is for Special Emphasis Programs, of
which—
(i) $25,000,000 is for Fire and Life Safety;
(ii) $20,000,000 is for Judiciary Capital Security;
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 to the Committees on Appropriations of the House of 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) $5,493,768,000 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

H. R. 1625—223
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.
OPERATING EXPENSES

For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agencywide 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 for official reception and representation expenses.

H. R. 1625—224
CIVILIAN BOARD OF CONTRACT APPEALS

For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of Contract
Appeals, $8,795,000.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General 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
(INCLUDING TRANSFERS OF FUNDS)

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; $50,000,000, 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
remain in the Fund and shall not be available for expenditure
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.
TECHNOLOGY MODERNIZATION FUND

For the Technology Modernization Fund, $100,000,000, to
remain available until expended, for technology-related modernization activities.

H. R. 1625—225
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), $5,000,000, to be deposited into the Asset Proceeds and Space Management Fund, to
remain available until expended.
ENVIRONMENTAL REVIEW IMPROVEMENT FUND

For necessary expenses of the Environmental Review Improvement Fund established pursuant to 42 U.S.C. 4370m-8(d),
$1,000,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)

SEC. 520. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.
SEC. 521. 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 the Committees on Appropriations of the House of Representatives and the Senate.
SEC. 522. 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. 523. 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. 524. 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. 525. 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

H. R. 1625—226
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 Committees on Appropriations of the House of Representatives
and the Senate prior to exercising any lease authority provided
in the resolution.
SEC. 526. 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 spending plan and explanation
for each project to be 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. 527. 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 expended.’’.
HARRY S TRUMAN SCHOLARSHIP FOUNDATION
SALARIES AND EXPENSES

For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93–642,
$1,000,000, to remain available until expended.
MERIT SYSTEMS PROTECTION BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

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

H. R. 1625—227
retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
MORRIS K. UDALL

AND

STEWART L. UDALL FOUNDATION

MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)

For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5601 et seq.), $1,975,000, to remain
available until expended, of which, notwithstanding sections 8 and
9 of such Act: (1) up to $50,000 shall be used to conduct financial
audits pursuant to the Accountability of Tax Dollars Act of 2002
(Public Law 107–289); and (2) up to $1,000,000 shall be available
to carry out the activities authorized by section 6(7) of Public
Law 102–259 and section 817(a) of Public Law 106–568 (20 U.S.C.
5604(7)): Provided, That of the total amount made available under
this heading $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 Morris K. Udall
and Stewart L. Udall Foundation, consistent with the Inspector
General Act of 1978 (5 U.S.C. App.).
ENVIRONMENTAL DISPUTE RESOLUTION FUND

For payment to the Environmental Dispute Resolution Fund
to carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $3,366,000, to remain available
until expended.
NATIONAL ARCHIVES

AND

RECORDS ADMINISTRATION

OPERATING EXPENSES

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, $384,911,000, of which $7,500,000
shall remain available until expended for the repair, alteration,
and improvement of an additional leased facility to provide adequate
storage for holdings of the House of Representatives and the Senate.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General 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, $4,801,000.

H. R. 1625—228
REPAIRS AND RESTORATION

For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $7,500,000, to
remain available until expended.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM

For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504,
$6,000,000, to remain available until expended.
NATIONAL CREDIT UNION ADMINISTRATION
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.
OFFICE

OF

GOVERNMENT ETHICS

SALARIES AND EXPENSES

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

SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses to carry out functions of the Office
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 to exceed $2,500 for
official reception and representation 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
and/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, not to exceed $21,000,000 shall

H. R. 1625—229
remain available until September 30, 2019, for information technology infrastructure modernization and Trust Fund Federal Financial System migration or modernization, and shall be in addition
to funds otherwise made available for such purposes upon submitting to the Committees on Appropriations of the Senate and House
of Representatives the plan of expenditure as required by the
‘‘Consolidated Appropriations Act, 2017’’: 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 within 90 days of enactment 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, part 7;
(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;
and
(6) is reviewed and commented upon within 60 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 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

H. R. 1625—230
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.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act 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.
OFFICE

OF

SPECIAL COUNSEL

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office
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; $26,535,000.
POSTAL REGULATORY COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

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.

H. R. 1625—231
PRIVACY

AND

CIVIL LIBERTIES OVERSIGHT BOARD

SALARIES AND EXPENSES

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 September 30, 2019.
PUBLIC BUILDINGS REFORM BOARD
SALARIES AND EXPENSES

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 available until
expended.
SECURITIES

AND

EXCHANGE COMMISSION

SALARIES AND EXPENSES

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 $3,500 for official
reception and representation expenses, $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 $45,000,000; 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; and 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; and
of which not less than $68,950,000 shall be for the Division of
Economic and Risk Analysis.
In addition to the foregoing appropriation, for costs associated
with relocation under a replacement lease for the Commission’s
headquarters facilities, not to exceed $244,507,052, to remain available until expended: Provided, That 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
further, 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 $244,507,052 of such offsetting collections shall
be available until expended for costs under this heading associated

H. R. 1625—232
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 appropriation from
the general fund estimated at not more than $0: Provided further,
That if any amount of the appropriation for costs associated with
relocation under a replacement lease for the Commission’s headquarters facilities is subsequently de-obligated by the Commission,
such amount that was derived from the general fund shall be
returned to the general fund, and such amounts that were 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 section 31 of the Securities Exchange Act of 1934 (15
U.S.C. 78ee) in fiscal year 2018.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES

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.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES

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, $268,500,000, 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

H. R. 1625—233
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2019: Provided further,
That $3,000,000 shall be for the Federal and State Technology
Partnership Program under section 34 of the Small Business Act
(15 U.S.C. 657d).
ENTREPRENEURIAL DEVELOPMENT PROGRAMS

For necessary expenses of programs supporting entrepreneurial
and small business development, $247,100,000, to remain available
until September 30, 2019: Provided, That $130,000,000 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 $18,000,000 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)).
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act 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 available until expended.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $3,438,172, 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 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

H. R. 1625—234
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.
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)

SEC. 530. Not to exceed 5 percent of any appropriation 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 expenditure except in compliance with the procedures set forth
in that section.
SEC. 531. 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 permanently cancelled: Provided, That no amounts may be cancelled 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.
SEC. 532. 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’’.
UNITED STATES POSTAL SERVICE
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.

H. R. 1625—235
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$245,000,000, 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
SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $50,739,887, 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.
TITLE VI
GENERAL PROVISIONS—THIS ACT
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.
SEC. 603. The expenditure of any appropriation under this
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. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
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

H. R. 1625—236
that has been convicted of violating chapter 83 of title 41, United
States Code.
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.
SEC. 609. Except as otherwise specifically provided by 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 the Committees on Appropriations of the House of
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 guidelines.
SEC. 610. (a) None of the funds made available in this Act
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

H. R. 1625—237
(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; or
(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

H. R. 1625—238
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 Act.
SEC. 620. In addition to amounts made available in prior fiscal
years, the Public Company Accounting Oversight Board (Board)
shall have authority to obligate funds for the scholarship program
established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002
(Public Law 107–204) in an amount not to exceed $1,000,000 of
funds collected by the Board between January 1, 2017 and
December 31, 2017, including accrued interest, as a result of the
assessment of monetary penalties. Funds available for obligation
in fiscal year 2018 shall remain available until expended.
SEC. 621. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ‘‘Interagency Working Group on Food Marketed to

H. R. 1625—239
Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts’’ unless the Interagency Working
Group on Food Marketed to Children complies with Executive Order
No. 13563.
SEC. 622. None of the funds made available by this Act may
be used to pay the salaries and expenses for the following positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate
Change.
(3) Senior Advisor to the Secretary of the Treasury assigned
to the Presidential Task Force on the Auto Industry and Senior
Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
SEC. 623. 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. 624. (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.
SEC. 625. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title 44, United
States Code.
SEC. 626. None of the funds made available in this Act may
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 United States.
SEC. 627. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission for
universal service high-cost support for competitive eligible telecommunications carriers in a way that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code of Federal
Regulations, as in effect on July 15, 2015: Provided, That this
section shall not prohibit the Commission from considering, developing, or adopting other support mechanisms as an alternative
to Mobility Fund Phase II.
SEC. 628. 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

H. R. 1625—240
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 Appropriations of the House of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
SEC. 629. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
adjudication activities, or other law enforcement- or victim assistance-related activity.
SEC. 630. 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. 631. None of the funds made available by this Act shall
be used by the Securities and Exchange Commission to finalize,
issue, or implement any rule, regulation, or order regarding the
disclosure of political contributions, contributions to tax exempt
organizations, or dues paid to trade associations.
SEC. 632. (a) The United States courthouse located at 501
East Court Street in Jackson, Mississippi, shall be known and
designated as the ‘‘Thad Cochran United States Courthouse’’.
(b) Any reference in a law, map, regulation, document, paper,
or other record of the United States to the United States courthouse
referred to in subsection (a) shall be deemed to be a reference
to the ‘‘Thad Cochran United States Courthouse’’.
TITLE VII
GENERAL PROVISIONS—GOVERNMENT-WIDE
DEPARTMENTS, AGENCIES,

AND

CORPORATIONS

(INCLUDING TRANSFER OF FUNDS)

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

H. R. 1625—241
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 policetype 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 vehicles.
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-ofliving 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 person making
a false affidavit shall be guilty of a felony, and upon conviction,
shall be fined no more than $4,000 or imprisoned for not more
than 1 year, or both: Provided further, That the above penal clause
shall be in addition to, and not in substitution for, any other
provisions of existing law: 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

H. R. 1625—242
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.
SEC. 708. No part of any appropriation contained in this 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.

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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 Appropriations of the House of Representatives and
the 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))).
SEC. 713. No part of any appropriation contained in this 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

H. R. 1625—244
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.
SEC. 716. None of the funds appropriated by this or any 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 jurisdiction.
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 the House
of Representatives and the Senate.
SEC. 718. No part of any appropriation contained in this 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

H. R. 1625—245
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
of this Act, funds made available for the current fiscal year 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.
SEC. 721. Notwithstanding 31 U.S.C. 1346 and section 708
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 multiagency 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.
SEC. 723. 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 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

H. R. 1625—246
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 Act.
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.
SEC. 726. (a) None of the funds appropriated by this Act 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.

H. R. 1625—247
(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.
SEC. 728. Notwithstanding any other provision of law, 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 program.
SEC. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the
Office of Personnel Management to add sections 300.311 through
300.316 to part 300 of title 5 of the Code of Federal Regulations,
published in the Federal Register, volume 68, number 174, on
September 9, 2003 (relating to the detail of executive branch
employees to the legislative branch).
SEC. 730. Notwithstanding any other provision of law, no 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.
SEC. 731. Unless otherwise authorized by existing law, 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.
SEC. 732. None of the funds made available in this Act may
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. 733. (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.—

H. R. 1625—248
(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. 734. 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.
SEC. 735. (a) None of the funds made available in this or
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 offer:
(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 paragraph
(1).
(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.).
SEC. 736. None of the funds made available in this or any
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.
SEC. 737. (a)(1) Notwithstanding any other provision of 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—

H. R. 1625—249
(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

H. R. 1625—250
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. 738. (a) The Vice President may not receive a pay raise
in calendar year 2018, notwithstanding the rate adjustment made
under section 104 of title 3, United States Code, or any other
provision of law.
(b) An employee serving in an Executive Schedule position,
or in a position for which the rate of pay is fixed by statute
at an Executive Schedule rate, may not receive a pay rate increase
in calendar year 2018, notwithstanding schedule adjustments made
under section 5318 of title 5, United States Code, or any other
provision of law, except as provided in subsection (g), (h), or (i).
This subsection applies only to employees who are holding a position
under a political appointment.
(c) A chief of mission or ambassador at large may not receive
a pay rate increase in calendar year 2018, notwithstanding section
401 of the Foreign Service Act of 1980 (Public Law 96–465) or
any other provision of law, except as provided in subsection (g),
(h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, a pay rate increase may not be received in calendar
year 2018 (except as provided in subsection (g), (h), or (i)) by—
(1) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above level IV of the Executive
Schedule; or
(2) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above level
IV of the Executive Schedule.
(e) Any employee paid a rate of basic pay (including any localitybased payments under section 5304 of title 5, United States Code,
or similar authority) at or above level IV of the Executive Schedule
who serves under a political appointment may not receive a pay
rate increase in calendar year 2018, notwithstanding any other
provision of law, except as provided in subsection (g), (h), or (i).
This subsection does not apply to employees in the General Schedule
pay system or the Foreign Service pay system, or to employees
appointed under section 3161 of title 5, United States Code, or
to employees in another pay system whose position would be classified at GS–15 or below if chapter 51 of title 5, United States
Code, applied to them.

H. R. 1625—251
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under applicable law.
(g) A career appointee in the Senior Executive Service who
receives a Presidential appointment and who makes an election
to retain Senior Executive Service basic pay entitlements under
section 3392 of title 5, United States Code, is not subject to this
section.
(h) A member of the Senior Foreign Service who receives a
Presidential appointment to any position in the executive branch
and who makes an election to retain Senior Foreign Service pay
entitlements under section 302(b) of the Foreign Service Act of
1980 (Public Law 96–465) is not subject to this section.
(i) Notwithstanding subsections (b) through (e), an employee
in a covered position may receive a pay rate increase upon an
authorized movement to a different covered position with higherlevel duties and a pre-established higher level or range of pay,
except that any such increase must be based on the rates of pay
and applicable pay limitations in effect on December 31, 2013.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period
of time subject to this section, the initial pay rate shall be based
on the rates of pay and applicable pay limitations in effect on
December 31, 2013.
(k) If an employee affected by subsections (b) through (e) is
subject to a biweekly pay period that begins in calendar year
2018 but ends in calendar year 2019, the bar on the employee’s
receipt of pay rate increases shall apply through the end of that
pay period.
SEC. 739. (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; and
(B) a discussion of any cost comparison conducted by
the departmental component or office in evaluating potential contractors for the conference.

H. R. 1625—252
(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 contract.
(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.
SEC. 740. None of the funds made available in this or any
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.
SEC. 741. None of the funds made available by this or any
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.).
SEC. 742. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce
a study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal
employees pursuant to Office of Management and Budget Circular
A–76 or any other administrative regulation, directive, or policy.
SEC. 743. (a) None of the funds appropriated or otherwise
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
information.
(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. 744. (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

H. R. 1625—253
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).
SEC. 745. None of the funds made available by this or any
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.
SEC. 746. None of the funds made available by this or any
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
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 Government.

H. R. 1625—254
SEC. 747. (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 Appropriations of the
House of Representatives and the 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.
SEC. 748. If, for fiscal year 2018, new budget authority provided
in appropriations Acts exceeds the discretionary spending limit
for any category set forth in section 251(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 due to estimating differences with the Congressional Budget Office, an adjustment to
the discretionary spending limit in such category for fiscal year
2018 shall be made by the Director of the Office of Management
and Budget in the amount of the excess but the total of all such
adjustments shall not exceed 0.2 percent of the sum of the adjusted
discretionary spending limits for all categories for that fiscal year.
SEC. 749. Except as expressly provided otherwise, any 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
(INCLUDING TRANSFERS OF FUNDS)

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—
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;

H. R. 1625—255
(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 Appropriations of the House of Representatives and the 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.
SEC. 804. None of the Federal funds provided in this Act 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 Columbia.
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.

H. R. 1625—256
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.
SEC. 809. (a) None of the Federal funds contained in this
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 the District
of Columbia shall submit to the appropriate committees of Congress,
the Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating 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

H. R. 1625—257
and capital funds and such amounts, once transferred, shall retain
appropriation authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to
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 this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds,
notes, or other obligations issued for capital projects.
SEC. 814. None of the Federal 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.
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 Appropriations of the House of 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 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
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2019 for which this section applies
to such project or activity.

H. R. 1625—258
(e) This section shall not apply to a project or activity during
any period of fiscal year 2019 if any other provision of law (other
than an authorization of appropriations)—
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect obligations
of the government of the District of Columbia mandated by other
law.
SEC. 817. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in this title or in title IV shall be treated
as referring only to the provisions of this title or of title IV.
This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2018’’.
DIVISION F—DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS,
INTELLIGENCE, AND OVERSIGHT
OFFICE

OF THE

SECRETARY

AND

EXECUTIVE MANAGEMENT

OPERATIONS AND SUPPORT

For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $139,602,000:
Provided, That not to exceed $30,000 shall be for official reception
and representation expenses: Provided further, That of the funds
provided under this heading, $2,000,000 shall be withheld from
obligation until the Secretary complies with section 107 of this
Act.
MANAGEMENT DIRECTORATE
OPERATIONS AND SUPPORT

For necessary expenses of the Management Directorate for
operations and support, $710,297,000, of which $227,516,000 shall
remain available until September 30, 2019: Provided, That not
to exceed $2,000 shall be for official reception and representation
expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $29,569,000, to
remain available until September 30, 2019.

H. R. 1625—259
RESEARCH AND DEVELOPMENT

For necessary expenses of the Management Directorate for
research and development, $2,545,000, to remain available until
September 30, 2019.
INTELLIGENCE, ANALYSIS,

AND

OPERATIONS COORDINATION

OPERATIONS AND SUPPORT

For necessary expenses of the Office of Intelligence and Analysis
and the Office of Operations Coordination for operations and support, $245,905,000, of which $77,915,000 shall remain available
until September 30, 2019: Provided, That not to exceed $3,825
shall be for official reception and representation expenses and not
to exceed $2,000,000 is available for facility needs associated with
secure space at fusion centers, including improvements to buildings.
OFFICE

OF INSPECTOR

GENERAL

OPERATIONS AND SUPPORT

For necessary expenses of the Office of Inspector General for
operations and support, $168,000,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction
of the Inspector General.
ADMINISTRATIVE PROVISIONS
SEC. 101. Hereafter, the Secretary of Homeland Security shall
submit to the Committees on Appropriations of the Senate and
the House of Representatives, at the time the President’s budget
proposal is submitted pursuant to section 1105(a) of title 31, United
States Code, the Future Years Homeland Security Program, as
authorized by section 874 of the Homeland Security Act of 2002
(6 U.S.C. 454).
SEC. 102. Not later than 30 days after the last day of each
month, the Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations of the
Senate and the House of Representatives a monthly budget and
staffing report that includes total obligations of the Department
for that month and for the fiscal year at the appropriation and
program, project, and activity levels, by the source year of the
appropriation.
SEC. 103. (a) Notwithstanding section 518 of division F of
the Consolidated Appropriations Act, 2016 (Public Law 114–113),
the Secretary of Homeland Security shall submit a report not later
than October 15, 2018, to the Inspector General of the Department
of Homeland Security listing all grants and contracts awarded
by any means other than full and open competition during fiscal
years 2017 and 2018.
(b) The Inspector General shall review the report required
by subsection (a) to assess departmental compliance with applicable
laws and regulations and report the results of that review to the
Committees on Appropriations of the Senate and the House of
Representatives not later than February 15, 2019.

H. R. 1625—260
SEC. 104. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition outcomes,
which shall be specified in terms of cost, schedule, and performance.
SEC. 105. The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, shall notify the Committees
on Appropriations of the Senate and the House of Representatives
of any proposed transfers of funds available under section
9703(g)(4)(B) of title 31, United States Code (as added by Public
Law 102–393) from the Department of the Treasury Forfeiture
Fund to any agency within the Department of Homeland Security:
Provided, That none of the funds identified for such a transfer
may be obligated until the Committees on Appropriations of the
Senate and the House of Representatives are notified of the proposed transfers.
SEC. 106. All official costs associated with the use of Government aircraft by Department of Homeland Security personnel to
support official travel of the Secretary and the Deputy Secretary
shall be paid from amounts made available for the Office of the
Secretary.
SEC. 107. (a) Not later than 30 days after the date of enactment
of this Act, the Secretary of Homeland Security shall submit to
the Committees on Appropriations of the Senate and the House
of Representatives, the Committees on the Judiciary of the Senate
and the House of Representatives, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives,
a report for fiscal year 2017 on visa overstay data by country
as required by section 1376 of title 8, United States Code: Provided,
That the report on visa overstay data shall also include—
(1) overstays from all nonimmigrant visa categories under
the immigration laws, delineated by each of the classes and
sub-classes of such categories; and
(2) numbers as well as rates of overstays for each class
and sub-class of such nonimmigrant categories on a per-country
basis.
(b) The Secretary of Homeland Security shall publish on the
Department’s website the metrics developed to measure the
effectiveness of security between the ports of entry, including the
methodology and data supporting the resulting measures.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. CUSTOMS

AND

BORDER PROTECTION

OPERATIONS AND SUPPORT

For necessary expenses of U.S. Customs and Border Protection
for operations and support, including the transportation of unaccompanied minor aliens; the provision of air and marine support to
Federal, State, and local agencies in the enforcement or administration of laws enforced by the Department of Homeland Security;
at the discretion of the Secretary of Homeland Security, the provision of such support to Federal, State, and local agencies in other
law enforcement and emergency humanitarian efforts; the purchase
and lease of up to 7,500 (6,500 for replacement only) police-type

H. R. 1625—261
vehicles; the purchase, maintenance, or operation of marine vessels,
aircraft, and unmanned aerial systems; and contracting with
individuals for personal services abroad; $11,485,164,000; of which
$3,274,000 shall be derived from the Harbor Maintenance Trust
Fund for administrative expenses related to the collection of the
Harbor Maintenance Fee pursuant to section 9505(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002
(6 U.S.C. 551(e)(1)); of which $681,441,500 shall be available until
September 30, 2019; and of which such sums as become available
in the Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act
of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:
Provided, That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to exceed
$15,000,000 may be transferred to the Bureau of Indian Affairs
for the maintenance and repair of roads on Native American reservations, as required by the Border Patrol: Provided further, That
not to exceed $150,000 shall be available for payment for rental
space in connection with preclearance operations: Provided further,
That not to exceed $1,000,000 shall be for awards of compensation
to informants, to be accounted for solely under the certificate of
the Secretary of Homeland Security.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of U.S. Customs and Border Protection
for procurement, construction, and improvements, including
procurements to buy marine vessels, aircraft, and unmanned aerial
systems, $2,281,357,000, of which $846,343,000 shall remain available until September 30, 2020, and of which $1,435,014,000 shall
remain available until September 30, 2022.
U.S. IMMIGRATION

AND

CUSTOMS ENFORCEMENT

OPERATIONS AND SUPPORT

For necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support, including the purchase
and lease of up to 3,790 (2,350 for replacement only) police-type
vehicles; overseas vetted units; and maintenance, minor construction, and minor leasehold improvements at owned and leased facilities; $6,993,975,000; of which $6,000,000 shall remain available
until expended for efforts to enforce laws against forced child labor;
of which $33,700,000 shall remain available until September 30,
2019; of which not less than $15,000,000 shall be available for
investigation of intellectual property rights violations, including
operation of the National Intellectual Property Rights Coordination
Center; of which not less than $9,000,000 shall be available for
facilities repair and maintenance projects; of which not less than
$84,000,000 shall be available for vehicle fleet recapitalization; and
of which not less than $4,110,337,000 shall be for enforcement,
detention, and removal operations, including transportation of
unaccompanied minor aliens: Provided, That not to exceed $11,475
shall be for official reception and representation expenses: Provided
further, That not to exceed $10,000,000 shall be available until
expended for conducting special operations under section 3131 of
the Customs Enforcement Act of 1986 (19 U.S.C. 2081): Provided

H. R. 1625—262
further, That not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided further, That
not to exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled aliens unlawfully
present in the United States: Provided further, That of the amounts
made available under this heading, $5,000,000 shall be withheld
from obligation until the Secretary of Homeland Security submits
to the Committees on Appropriations of the Senate and the House
of Representatives the report required under section 212 of this
Act.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of U.S. Immigration and Customs
Enforcement for procurement, construction, and improvements,
$81,899,000, to remain available until September 30, 2020; of which
not less than $29,000,000 shall be available for facilities repair
and maintenance projects.
TRANSPORTATION SECURITY ADMINISTRATION
OPERATIONS AND SUPPORT

For necessary expenses of the Transportation Security Administration for operations and support, $7,207,851,000, to remain available until September 30, 2019: Provided, That not to exceed $7,650
shall be for official reception and representation expenses: Provided
further, That security service fees authorized under section 44940
of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under this
heading from the general fund shall be reduced on a dollar-fordollar basis as such offsetting collections are received during fiscal
year 2018 so as to result in a final fiscal year appropriation from
the general fund estimated at not more than $4,737,851,000.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Transportation Security Administration for procurement, construction, and improvements,
$167,314,000, to remain available until September 30, 2020.
RESEARCH AND DEVELOPMENT

For necessary expenses of the Transportation Security Administration for research and development, $20,190,000, to remain available until September 30, 2019.
COAST GUARD
OPERATING EXPENSES

For necessary expenses for the operations and maintenance
of the Coast Guard, not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be for
replacement only; purchase or lease of small boats for contingent

H. R. 1625—263
and emergent requirements (at a unit cost of not more than
$700,000) and repairs and service-life replacements, not to exceed
a total of $31,000,000; purchase or lease of boats necessary for
overseas deployments and activities; payments pursuant to section
156 of Public Law 97–377 (42 U.S.C. 402 note; 96 Stat. 1920);
and recreation and welfare; $7,373,313,000; of which $503,000,000
shall be for defense-related activities, of which $163,000,000 is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985
and shall be available only if the President subsequently so designates all such amounts and transmits such designations to the
Congress; and of which $24,500,000 shall be derived from the Oil
Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That not to exceed $23,000 shall be for official reception
and representation expenses: Provided further, That $25,000,000
shall be withheld from obligation for Coast Guard Headquarters
Directorates until a future-years capital investment plan for fiscal
years 2019 through 2023 is submitted to the Committees on Appropriations of the Senate and the House of Representatives pursuant
to section 220 of this Act.
ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter
19 of title 14, United States Code, $13,397,000, to remain available
until September 30, 2022.
RESERVE TRAINING

For necessary expenses of the Coast Guard Reserve; operations
and maintenance of the Coast Guard Reserve Program; personnel
and training costs; and equipment and services; $114,875,000.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Coast Guard for acquisition,
construction, renovation, and improvement of aids to navigation,
shore facilities (including facilities at Department of Defense
installations used by the Coast Guard), vessels, and aircraft,
including equipment related thereto, $2,694,745,000; of which
$20,000,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which
$2,573,000,000 shall be available until September 30, 2022, of which
$95,000,000 shall be immediately available and allotted to contract
for long lead time materials for the eleventh National Security
Cutter notwithstanding the availability of funds for production or
post-production costs.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses of the Coast Guard for research,
development, test, and evaluation; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; $29,141,000,
to remain available until September 30, 2020, of which $500,000

H. R. 1625—264
shall be derived from the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be credited
to and used for the purposes of this appropriation funds received
from State and local governments, other public authorities, private
sources, and foreign countries for expenses incurred for research,
development, testing, and evaluation.
RETIRED PAY

For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments
under the Retired Serviceman’s Family Protection and Survivor
Benefits Plans, payment for career status bonuses, payment of
continuation pay under section 356 of title 37, United States Code,
concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and their dependents
under chapter 55 of title 10, United States Code, $1,676,117,000,
to remain available until expended.
UNITED STATES SECRET SERVICE
OPERATIONS AND SUPPORT

For necessary expenses of the United States Secret Service
for operations and support, including purchase of not to exceed
652 vehicles for police-type use for replacement only; hire of passenger motor vehicles; purchase of motorcycles made in the United
States; hire of aircraft; rental of buildings in the District of
Columbia; fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or control,
as may be necessary to perform protective functions; conduct of
and participation in firearms matches; presentation of awards; conduct of behavioral research in support of protective intelligence
and operations; payment in advance for commercial accommodations
as may be necessary to perform protective functions; and payment,
without regard to section 5702 of title 5, United States Code,
of subsistence expenses of employees who are on protective missions,
whether at or away from their duty stations; $1,915,794,000; of
which $39,692,000 shall remain available until September 30, 2019,
of which $6,000,000 shall be for a grant for activities related to
investigations of missing and exploited children; and of which
$9,866,000 shall be for premium pay in excess of the annual equivalent of the limitation on the rate of pay contained in section 5547(a)
of title 5, United States Code, pursuant to section 2 of the Overtime
Pay for Protective Services Act of 2016 (5 U.S.C. 5547 note), as
amended by the Secret Service Recruitment and Retention Act
of 2018: Provided, That not to exceed $19,125 shall be for official
reception and representation expenses: Provided further, That not
to exceed $100,000 shall be to provide technical assistance and
equipment to foreign law enforcement organizations in counterfeit
investigations.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the United States Secret Service
for procurement, construction, and improvements, $90,480,000, to
remain available until September 30, 2020.

H. R. 1625—265
RESEARCH AND DEVELOPMENT

For necessary expenses of the United States Secret Service
for research and development, $250,000, to remain available until
September 30, 2019.
ADMINISTRATIVE PROVISIONS
SEC. 201. (a) For fiscal year 2018, the overtime limitation
prescribed in section 5(c)(1) of the Act of February 13, 1911 (19
U.S.C. 267(c)(1)) shall be $45,000; and notwithstanding any other
provision of law, none of the funds appropriated by this Act shall
be available to compensate any employee of U.S. Customs and
Border Protection for overtime, from whatever source, in an amount
that exceeds such limitation, except in individual cases determined
by the Secretary of Homeland Security, or the designee of the
Secretary, to be necessary for national security purposes, to prevent
excessive costs, or in cases of immigration emergencies.
(b) None of the funds made available by this Act for the following accounts shall be available to compensate any employee
for overtime in an annual amount in excess of $45,000:
(1) ‘‘U.S. Immigration and Customs Enforcement—Operations and Support’’, except that the Secretary of Homeland
Security, or the designee of the Secretary, may waive such
amount as necessary for national security purposes and in
cases of immigration emergencies.
(2) ‘‘United States Secret Service—Operations and Support’’, except that the Secretary of Homeland Security, or the
designee of the Secretary, may waive such amount as necessary
for national security purposes.
SEC. 202. Funding made available under the heading ‘‘U.S.
Customs and Border Protection—Operations and Support’’ and ‘‘U.S.
Customs and Border Protection—Procurement, Construction, and
Improvements’’ shall be available for customs expenses when necessary to maintain operations and prevent adverse personnel actions
in Puerto Rico in addition to funding provided by 48 U.S.C. 740.
SEC. 203. Hereafter, no U.S. Customs and Border Protection
aircraft or other related equipment, with the exception of aircraft
that are one of a kind and have been identified as excess to
U.S. Customs and Border Protection requirements and aircraft that
have been damaged beyond repair, shall be transferred to any
other Federal agency, department, or office outside of the Department of Homeland Security without prior notice to the Committees
on Appropriations of the Senate and the House of Representatives.
SEC. 204. As authorized by section 601(b) of the United StatesColombia Trade Promotion Agreement Implementation Act (Public
Law 112–42), fees collected from passengers arriving from Canada,
Mexico, or an adjacent island pursuant to section 13031(a)(5) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(a)(5)) shall be available until expended.
SEC. 205. For an additional amount for ‘‘U.S. Customs and
Border Protection—Operations and Support’’, $31,000,000, to
remain available until expended, to be reduced by amounts collected
and credited to this appropriation in fiscal year 2018 from amounts
authorized to be collected by section 286(i) of the Immigration
and Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8311), and
section 817 of the Trade Facilitation and Trade Enforcement Act

H. R. 1625—266
of 2015 (Public Law 114–25), or other such authorizing language:
Provided, That to the extent that amounts realized from such
collections exceed $31,000,000, those amounts in excess of
$31,000,000 shall be credited to this appropriation, to remain available until expended.
SEC. 206. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food, Drug,
and Cosmetic Act) from importing a prescription drug from Canada
that complies with the Federal Food, Drug, and Cosmetic Act:
Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription
drug, not to exceed a 90-day supply: Provided further, That the
prescription drug may not be—
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
SEC. 207. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used to
approve a waiver of the navigation and vessel-inspection laws
pursuant to section 501(b) of title 46, United States Code, for
the transportation of crude oil distributed from and to the Strategic
Petroleum Reserve until the Secretary of Homeland Security, after
consultation with the Secretaries of the Departments of Energy
and Transportation and representatives from the United States
flag maritime industry, takes adequate measures to ensure the
use of United States flag vessels: Provided, That the Secretary
shall notify the Committees on Appropriations of the Senate and
the House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives within
2 business days of any request for waivers of navigation and vesselinspection laws pursuant to section 501(b) of title 46, United States
Code, with respect to such transportation, and the disposition of
such requests.
SEC. 208. (a) Beginning on the date of enactment of this Act,
the Secretary of Homeland Security shall not—
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or
the Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) In this section, the term ‘‘border crossing fee’’ means a
fee that every pedestrian, cyclist, and driver and passenger of
a private motor vehicle is required to pay for the privilege of
crossing the Southern border or the Northern border at a land
port of entry.
SEC. 209. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
within and transfer funds to ‘‘U.S. Immigration and Customs
Enforcement—Operations and Support’’ as necessary to ensure the
detention of aliens prioritized for removal.
SEC. 210. None of the funds provided under the heading ‘‘U.S.
Immigration and Customs Enforcement—Operations and Support’’
may be used to continue a delegation of law enforcement authority

H. R. 1625—267
authorized under section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)) if the Department of Homeland Security
Inspector General determines that the terms of the agreement
governing the delegation of authority have been materially violated.
SEC. 211. None of the funds provided under the heading ‘‘U.S.
Immigration and Customs Enforcement—Operations and Support’’
may be used to continue any contract for the provision of detention
services if the two most recent overall performance evaluations
received by the contracted facility are less than ‘‘adequate’’ or
the equivalent median score in any subsequent performance evaluation system.
SEC. 212. The Secretary of Homeland Security shall submit
a report to the Committees on Appropriations of the Senate and
the House of Representatives that (a) identifies any instance during
fiscal year 2017 or 2018 in which payments have been made by
U.S. Immigration and Customs Enforcement, or employees of U.S.
Immigration and Customs Enforcement have erroneously entered
into financial obligations, for activities in violation of subpart D
of part 550 of title 5, Code of Federal Regulations; (b) includes
specific actions the Office of the Chief Financial Officer and the
Office of the Principal Legal Advisor will take to improve agencywide understanding of such subpart D; and (c) includes a certification by the Director of U.S. Immigration and Customs Enforcement that the Office of the Chief Financial Officer and the Office
of the Principal Legal Advisor have developed a plan and implemented training necessary for strengthening internal controls necessary to avoid violations of such subpart D.
SEC. 213. (a) Notwithstanding any other provision of law, for
employees of U.S. Immigration and Customs Enforcement and their
dependents eligible for Payments During Evacuation in accordance
with title 5, Code of Federal Regulations, part 550, from August
23, 2017, through December 1, 2017, as a result of Hurricanes
Harvey, Irma, and Maria, the requirement of section 550.405(b)(2)
of such title to reduce subsistence expenses to 60 percent of the
applicable rate shall not apply.
(b) The Secretary of Homeland Security may authorize
reimbursement for lodging, meals, and incidental expenses for such
employees and their dependents using the actual expense method
set forth in subpart D of part 301–11 of title 41, Code of Federal
Regulations, subject to the cap of 300 percent of the applicable
maximum per diem rate, as provided in such section.
SEC. 214. Members of the United States House of Representatives and the United States Senate, including the leadership; the
heads of Federal agencies and commissions, including the Secretary,
Deputy Secretary, Under Secretaries, and Assistant Secretaries of
the Department of Homeland Security; the United States Attorney
General, Deputy Attorney General, Assistant Attorneys General,
and the United States Attorneys; and senior members of the Executive Office of the President, including the Director of the Office
of Management and Budget, shall not be exempt from Federal
passenger and baggage screening.
SEC. 215. Any award by the Transportation Security Administration to deploy explosives detection systems shall be based on
risk, the airport’s current reliance on other screening solutions,
lobby congestion resulting in increased security concerns, high
injury rates, airport readiness, and increased cost effectiveness.

H. R. 1625—268
SEC. 216. Notwithstanding section 44923 of title 49, United
States Code, for fiscal year 2018, any funds in the Aviation Security
Capital Fund established by section 44923(h) of title 49, United
States Code, may be used for the procurement and installation
of explosives detection systems or for the issuance of other transaction agreements for the purpose of funding projects described
in section 44923(a) of such title.
SEC. 217. None of the funds made available by this or any
other Act may be used by the Administrator of the Transportation
Security Administration to implement, administer, or enforce, in
abrogation of the responsibility described in section 44903(n)(1)
of title 49, United States Code, any requirement that airport operators provide airport-financed staffing to monitor exit points from
the sterile area of any airport at which the Transportation Security
Administration provided such monitoring as of December 1, 2013.
SEC. 218. None of the funds made available by this Act under
the heading ‘‘Coast Guard—Operating Expenses’’ shall be for
expenses incurred for recreational vessels under section 12114 of
title 46, United States Code, except to the extent fees are collected
from owners of yachts and credited to the appropriation made
available by this Act under the heading ‘‘Coast Guard—Operating
Expenses’’: Provided, That to the extent such fees are insufficient
to pay expenses of recreational vessel documentation under such
section 12114, and there is a backlog of recreational vessel applications, personnel performing non-recreational vessel documentation
functions under subchapter II of chapter 121 of title 46, United
States Code, may perform documentation under section 12114.
SEC. 219. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, up to
$10,000,000 may be reprogrammed to or from the Military Pay
and Allowances funding category within ‘‘Coast Guard—Operating
Expenses’’ in accordance with subsection (a) of section 503 of this
Act.
SEC. 220. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees
on Appropriations of the Senate and the House of Representatives
a future-years capital investment plan as described in the second
proviso under the heading ‘‘Coast Guard—Acquisition, Construction,
and Improvements’’ in the Department of Homeland Security Appropriations Act, 2015 (Public Law 114–4), which shall be subject
to the requirements in the third and fourth provisos under such
heading.
SEC. 221. None of the funds in this Act shall be used to
reduce the Coast Guard’s Operations Systems Center mission or
its government-employed or contract staff levels.
SEC. 222. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a competition
under Office of Management and Budget Circular A–76 for activities
performed with respect to the Coast Guard National Vessel Documentation Center.
SEC. 223. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the Coast
Guard nationwide, including civil engineering units, facilities design
and construction centers, maintenance and logistics commands, and
the Coast Guard Academy, except that none of the funds provided
in this Act may be used to reduce operations within any civil

H. R. 1625—269
engineering unit unless specifically authorized by a statute enacted
after the date of enactment of this Act.
SEC. 224. Funds made available for Overseas Contingency Operations/Global War on Terrorism under the heading ‘‘Coast Guard—
Operating Expenses’’ may be allocated by program, project, and
activity, notwithstanding section 503 of this Act.
SEC. 225. Section 423 of title 14, United States Code, is
amended by inserting after subsection (c) the following:
‘‘(d) In addition to amounts computed pursuant to subsections
(a) through (c) of this section, a full TSP member (as defined
in section 8440e(a) of title 5) of the Coast Guard is entitled to
continuation pay pursuant to section 356 of title 37.’’.
SEC. 226. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from Federal agencies and entities, as defined in section 105 of title 5, United States
Code, for personnel receiving training sponsored by the James
J. Rowley Training Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available under the heading ‘‘United States Secret Service—Operations and Support’’ at the end of the fiscal year.
SEC. 227. None of the funds made available to the United
States Secret Service by this Act or by previous appropriations
Acts may be made available for the protection of the head of
a Federal agency other than the Secretary of Homeland Security:
Provided, That the Director of the United States Secret Service
may enter into agreements to provide such protection on a fully
reimbursable basis.
SEC. 228. For purposes of section 503(a)(3) of this Act, up
to $15,000,000 may be reprogrammed within ‘‘United States Secret
Service—Operations and Support’’.
SEC. 229. Funding made available in this Act for ‘‘United States
Secret Service—Operations and Support’’ is available for travel
of United States Secret Service employees on protective missions
without regard to the limitations on such expenditures in this
or any other Act if the Director of the United States Secret Service
or a designee notifies the Committees on Appropriations of the
Senate and the House of Representatives 10 or more days in
advance, or as early as practicable, prior to such expenditures.
SEC. 230. (a) Of the amount made available in this Act under
‘‘U.S. Customs and Border Protection—Procurement, Construction,
and Improvements’’, $1,571,000,000 shall be available only as follows:
(1) $251,000,000 for approximately 14 miles of secondary
fencing, all of which provides for cross-barrier visual situational
awareness, along the southwest border in the San Diego Sector;
(2) $445,000,000 for 25 miles of primary pedestrian levee
fencing along the southwest border in the Rio Grande Valley
Sector;
(3) $196,000,000 for primary pedestrian fencing along the
southwest border in the Rio Grande Valley Sector;
(4) $445,000,000 for replacement of existing primary pedestrian fencing along the southwest border;
(5) $38,000,000 for border barrier planning and design;
and
(6) $196,000,000 for acquisition and deployment of border
security technology.

H. R. 1625—270
(b) The amounts designated in subsection (a)(2) through (a)(4)
shall only be available for operationally effective designs deployed
as of the date of the Consolidated Appropriations Act, 2017, (Public
Law 115–31), such as currently deployed steel bollard designs,
that prioritize agent safety.
(c) None of the funds provided in this or any other Act shall
be obligated for construction of a border barrier in the Santa Ana
National Wildlife Refuge.
SEC. 231. (a) Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Appropriations of the Senate and the House of Representatives
a risk-based plan for improving security along the borders of the
United States, including the use of personnel, fencing, other forms
of tactical infrastructure, and technology, to include—
(1) A statement of goals, objectives, activities, and milestones for the plan.
(2) A detailed implementation schedule for the plan with
estimates for the planned obligation of funds for fiscal years
2019 through 2027 that are linked to the milestone-based
delivery of specific—
(A) capabilities and services;
(B) mission benefits and outcomes;
(C) program management capabilities; and
(D) lifecycle cost estimates.
(3) A description of the manner in which specific projects
under the plan will enhance border security goals and objectives
and address the highest priority border security needs.
(4) An identification of the planned locations, quantities,
and types of resources, such as fencing, other physical barriers,
or other tactical infrastructure and technology, under the plan.
(5) A description of the methodology and analyses used
to select specific resources for deployment to particular locations
under the plan that includes—
(A) analyses of alternatives, including comparative
costs and benefits;
(B) an assessment of effects on communities and property owners near areas of infrastructure deployment; and
(C) a description of other factors critical to the decisionmaking process.
(6) An identification of staffing requirements under the
plan, including full-time equivalents, contractors, and detailed
personnel, by activity.
(7) A description of performance metrics for the plan for
assessing and reporting on the contributions of border security
capabilities realized from current and future investments.
(8) A description of the status of the actions of the Department of Homeland Security to address open recommendations
by the Office of Inspector General and the Government Accountability Office relating to border security, including plans, schedules, and associated milestones for fully addressing such recommendations.
(9) A plan to consult State and local elected officials on
the eminent domain and construction process relating to physical barriers;
(10) An analysis, following consultation with the Secretary
of the Interior and the Administrator of the Environmental
Protection Agency, of the environmental impacts, including on

H. R. 1625—271
wildlife, of the construction and placement of physical barriers
planned along the Southwest border, including in the Santa
Ana National Wildlife Refuge; and
(11) Certifications by the Under Secretary of Homeland
Security for Management, that—
(A) the plan has been reviewed and approved in accordance with an acquisition review management process that
complies with capital planning and investment control and
review requirements established by the Office of Management and Budget, including as provided in Circular A–
11, part 7; and
(B) all activities under the plan comply with Federal
acquisition rules, requirements, guidelines, and practices.
(b) The Secretary shall concurrently submit the plan required
in subsection (a) to the Comptroller General of the United States,
who shall evaluate the plan and report to the Committees on
Appropriations of the Senate and the House of Representatives
on the strengths and weaknesses of such plan not later than 120
days after receiving such plan.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
NATIONAL PROTECTION

AND

PROGRAMS DIRECTORATE

OPERATIONS AND SUPPORT

For necessary expenses of the National Protection and Programs Directorate for operations and support, $1,482,165,000, of
which $8,912,000 shall remain available until September 30, 2019:
Provided, That not to exceed $3,825 shall be for official reception
and representation expenses.
FEDERAL PROTECTIVE SERVICE

The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings
and for the operations of the Federal Protective Service.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the National Protection and Programs Directorate for procurement, construction, and improvements, $414,111,000, to remain available until September 30, 2019.
RESEARCH AND DEVELOPMENT

For necessary expenses of the National Protection and Programs Directorate for research and development, $15,126,000, to
remain available until September 30, 2019.

H. R. 1625—272
OFFICE

OF

HEALTH AFFAIRS

OPERATIONS AND SUPPORT

For necessary expenses of the Office of Health Affairs for operations and support, $121,569,000, of which $14,020,000 shall remain
available until September 30, 2019.
FEDERAL EMERGENCY MANAGEMENT AGENCY
OPERATIONS AND SUPPORT

For necessary expenses of the Federal Emergency Management
Agency for operations and support, $1,030,135,000: Provided, That
not to exceed $2,250 shall be for official reception and representation
expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Federal Emergency Management
Agency for procurement, construction, and improvements,
$85,276,000, to remain available until September 30, 2019.
FEDERAL ASSISTANCE

For activities of the Federal Emergency Management Agency
for Federal assistance through grants, contracts, cooperative agreements, and other activities, $3,293,932,000, which shall be allocated
as follows:
(1) $507,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605), of which $85,000,000 shall be for Operation Stonegarden, and $10,000,000 shall be for organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under such 501(a) of such
code) determined by the Secretary of Homeland Security to
be at high risk of a terrorist attack: Provided, That notwithstanding subsection (c)(4) of such section 2004, for fiscal year
2018, the Commonwealth of Puerto Rico shall make available
to local and tribal governments amounts provided to the
Commonwealth of Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004.
(2) $630,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $50,000,000 shall be for organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of
such code) determined by the Secretary of Homeland Security
to be at high risk of a terrorist attack.
(3) $100,000,000 for Public Transportation Security Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of
the Implementing Recommendations of the 9/11 Commission
Act of 2007 (6 U.S.C. 1135, 1163, and 1182), of which
$10,000,000 shall be for Amtrak security and $2,000,000 shall
be for Over-the-Road Bus Security: Provided, That such public
transportation security assistance shall be provided directly
to public transportation agencies.

H. R. 1625—273
(4) $100,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(5) $700,000,000, to remain available until September 30,
2019, of which $350,000,000 shall be for Assistance to Firefighter Grants and $350,000,000 shall be for Staffing for Adequate Fire and Emergency Response Grants under sections
33 and 34 respectively of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229 and 2229a).
(6) $350,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701), section 762 of title
6, United States Code, and Reorganization Plan No. 3 of 1978
(5 U.S.C. App.).
(7) $249,200,000 for the National Predisaster Mitigation
Fund under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133), to
remain available until expended.
(8) $262,531,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement
any other sums appropriated under the National Flood Insurance Fund, and such additional sums as may be provided
by States or other political subdivisions for cost-shared mapping
activities under section 1360(f)(2) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain available
until expended.
(9) $120,000,000 for the emergency food and shelter program under title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331), to remain available until expended:
Provided, That not to exceed 3.5 percent shall be for total
administrative costs.
(10) $275,201,000 to sustain current operations for training,
exercises, technical assistance, and other programs.
DISASTER RELIEF FUND

For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $7,900,720,000, to remain available until expended, of
which $7,366,000,000 shall be for major disasters declared pursuant
to the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) and is designated by the Congress
as being for disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
NATIONAL FLOOD INSURANCE FUND

For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform
Act of 2012 (Public Law 112–141, 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 (Public Law 113–
89; 128 Stat. 1020), $203,500,000, to remain available until September 30, 2019, which shall be derived from offsetting amounts
collected under section 1308(d) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(d)); of which $13,573,000 shall be
available for mission support associated with flood management;

H. R. 1625—274
and of which $189,927,000 shall be available for flood plain management and flood mapping: Provided, That any additional fees collected pursuant to section 1308(d) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(d)) shall be credited as offsetting
collections to this account, to be available for flood plain management and flood mapping: Provided further, That in fiscal year
2018, no funds shall be available from the National Flood Insurance
Fund under section 1310 of the National Flood Insurance Act of
1968 (42 U.S.C. 4017) in excess of—
(1) $165,224,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,123,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102
of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)
and section 1366(e) of the National Flood Insurance Act of 1968
shall be deposited in the National Flood Insurance Fund to supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section
102(f)(8), section 1366(e), and paragraphs (1) through (3) of section
1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)–
(3)): Provided further, That total administrative costs shall not
exceed 4 percent of the total appropriation: Provided further, That
up to $5,000,000 is available to carry out section 24 of the Homeowner Flood Insurance Affordability Act of 2014 (42 U.S.C. 4033).
ADMINISTRATIVE PROVISIONS
SEC. 301. Notwithstanding section 2008(a)(12) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision
of law, not more than 5 percent of the amount of a grant made
available in paragraphs (1) through (4) under ‘‘Federal Emergency
Management Agency—Federal Assistance’’, may be used by the
grantee for expenses directly related to administration of the grant.
SEC. 302. Applications for grants under the heading ‘‘Federal
Emergency Management Agency—Federal Assistance’’, for paragraphs (1) through (4), shall be made available to eligible applicants
not later than 60 days after the date of enactment of this Act,
eligible applicants shall submit applications not later than 80 days
after the grant announcement, and the Administrator of the Federal
Emergency Management Agency shall act within 65 days after
the receipt of an application.
SEC. 303. Under the heading ‘‘Federal Emergency Management
Agency—Federal Assistance’’, for grants under paragraphs (1)
through (4), the Administrator of the Federal Emergency Management Agency shall brief the Committees on Appropriations of the
Senate and the House of Representatives 5 full business days
in advance of announcing publicly the intention of making an award.
SEC. 304. Under the heading ‘‘Federal Emergency Management
Agency—Federal Assistance’’, for grants under paragraphs (1) and

H. R. 1625—275
(2), the installation of communications towers is not considered
construction of a building or other physical facility.
SEC. 305. Notwithstanding any other provision of law, grants
awarded to States along the Southwest Border of the United States
under sections 2003 or 2004 of the Homeland Security Act of 2002
(6 U.S.C. 604 and 605) using funds provided under the heading
‘‘Federal Emergency Management Agency—Federal Assistance’’ for
grants under paragraph (1) in this Act, or under the heading
‘‘Federal Emergency Management Agency—State and Local Programs’’ in Public Law 114–4, division F of Public Law 113–76,
or division D of Public Law 113–6 may be used by recipients
or sub-recipients for costs, or reimbursement of costs, related to
providing humanitarian relief to unaccompanied alien children and
alien adults accompanied by an alien minor where they are encountered after entering the United States, provided that such costs
were incurred between January 1, 2014, and December 31, 2014,
or during the award period of performance.
SEC. 306. The reporting requirements in paragraphs (1) and
(2) under the heading ‘‘Federal Emergency Management Agency—
Disaster Relief Fund’’ in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114–4) shall be applied in
fiscal year 2018 with respect to budget year 2019 and current
fiscal year 2018, respectively—
(1) in paragraph (1) by substituting ‘‘fiscal year 2019’’ for
‘‘fiscal year 2016’’; and
(2) in paragraph (2) by inserting ‘‘business’’ after ‘‘fifth’’.
SEC. 307. In making grants under the heading ‘‘Firefighter
Assistance Grants’’, the Secretary may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1),
(c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229a).
SEC. 308. The aggregate charges assessed during fiscal year
2018, as authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not
be less than 100 percent of the amounts anticipated by the Department of Homeland Security to be necessary for its Radiological
Emergency Preparedness Program for the next fiscal year: Provided,
That the methodology for assessment and collection of fees shall
be fair and equitable and shall reflect costs of providing such
services, including administrative costs of collecting such fees: Provided further, That such fees shall be deposited in a Radiological
Emergency Preparedness Program account as offsetting collections
and will become available for authorized purposes on October 1,
2018, and remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. CITIZENSHIP

AND IMMIGRATION

SERVICES

OPERATIONS AND SUPPORT

For necessary expenses of U.S. Citizenship and Immigration
Services for operations and support of the E-Verify Program,
$108,856,000.

H. R. 1625—276
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of U.S. Citizenship and Immigration
Services for procurement, construction, and improvements of the
E-Verify Program, $22,657,000, to remain available until September
30, 2020.
FEDERAL LAW ENFORCEMENT TRAINING CENTERS
OPERATIONS AND SUPPORT

For necessary expenses of the Federal Law Enforcement
Training Centers for operations and support, including the purchase
of not to exceed 117 vehicles for police-type use and hire of passenger motor vehicles, and services as authorized by section 3109
of title 5, United States Code, $254,000,000, of which $62,701,000
shall remain available until September 30, 2019: Provided, That
not to exceed $7,180 shall be for official reception and representation
expenses.
SCIENCE

AND

TECHNOLOGY DIRECTORATE

OPERATIONS AND SUPPORT

For necessary expenses of the Science and Technology Directorate for operations and support, including the purchase or lease
of not to exceed 5 vehicles, $331,113,000, of which $196,361,000
shall remain available until September 30, 2019: Provided, That
not to exceed $7,650 shall be for official reception and representation
expenses.
RESEARCH AND DEVELOPMENT

For necessary expenses of the Science and Technology Directorate for research and development, $509,830,000, to remain available until September 30, 2020.
DOMESTIC NUCLEAR DETECTION OFFICE
OPERATIONS AND SUPPORT

For necessary expenses of the Domestic Nuclear Detection
Office for operations and support, $54,664,000: Provided, That not
to exceed $2,250 shall be for official reception and representation
expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of the Domestic Nuclear Detection
Office for procurement, construction, and improvements,
$89,096,000, to remain available until September 30, 2020.
RESEARCH AND DEVELOPMENT

For necessary expenses of the Domestic Nuclear Detection
Office for research and development, $145,661,000, to remain available until September 30, 2020.

H. R. 1625—277
FEDERAL ASSISTANCE

For necessary expenses of the Domestic Nuclear Detection
Office for Federal assistance through grants, contracts, cooperative
agreements, and other activities, $46,019,000, to remain available
until September 30, 2020.
ADMINISTRATIVE PROVISIONS
SEC. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services may be used to acquire, operate, equip, and dispose of up
to 5 vehicles, for replacement only, for areas where the Administrator of General Services does not provide vehicles for lease: Provided, That the Director of U.S. Citizenship and Immigration Services may authorize employees who are assigned to those areas
to use such vehicles to travel between the employees’ residences
and places of employment.
SEC. 402. None of the funds made available in this Act may
be used by U.S. Citizenship and Immigration Services to grant
an immigration benefit unless the results of background checks
required by law to be completed prior to the granting of the benefit
have been received by U.S. Citizenship and Immigration Services,
and the results do not preclude the granting of the benefit.
SEC. 403. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided by employees
(including employees serving on a temporary or term basis) of
U.S. Citizenship and Immigration Services of the Department of
Homeland Security who are known as Immigration Information
Officers, Immigration Service Analysts, Contact Representatives,
Investigative Assistants, or Immigration Services Officers.
SEC. 404. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations Fee Account, up to $10,000,000 may be allocated by U.S.
Citizenship and Immigration Services in fiscal year 2018 for the
purpose of providing an Immigrant Integration grants program.
(b) None of the funds made available to U.S. Citizenship and
Immigration Services for grants for immigrant integration under
subsection (a) may be used to provide services to aliens who have
not been lawfully admitted for permanent residence.
SEC. 405. The Director of the Federal Law Enforcement
Training Centers is authorized to distribute funds to Federal law
enforcement agencies for expenses incurred participating in training
accreditation.
SEC. 406. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement
training accreditation process to continue the implementation of
measuring and assessing the quality and effectiveness of Federal
law enforcement training programs, facilities, and instructors.
SEC. 407. (a) There is to be established a ‘‘Federal Law Enforcement Training Centers—Procurement, Construction, and Improvements’’ appropriations account for planning, operational development, engineering, and purchases prior to sustainment and for
information technology-related procurement, construction, and

H. R. 1625—278
improvements, including non-tangible assets of the Federal Law
Enforcement Training Centers.
(b) The Director of the Federal Law Enforcement Training
Centers may accept transfers to the account established by subsection (a) from Government agencies requesting the construction
of special use facilities, as authorized by the Economy Act (31
U.S.C. 1535(b)): Provided, That the Federal Law Enforcement
Training Centers maintain administrative control and ownership
upon completion of such facilities.
SEC. 408. The functions of the Federal Law Enforcement
Training Centers instructor staff shall be classified as inherently
governmental for the purpose of the Federal Activities Inventory
Reform Act of 1998 (31 U.S.C. 501 note).
TITLE V
GENERAL PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

SEC. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this Act, may be merged
with funds in the applicable established accounts, and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
SEC. 503. (a) None of the funds provided by this Act, provided
by previous appropriations Acts to the components in or transferred
to the Department of Homeland Security 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 components funded by this
Act, shall be available for obligation or expenditure through a
reprogramming of funds that—
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the President’s budget proposal for fiscal year 2018 for the Department
of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on Appropriations of the Senate and the House of Representatives are notified at least 15 days in advance of such reprogramming.

H. R. 1625—279
(c) Up to 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 30 days in advance of such transfer, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations
based upon an initial notification provided after June 30, except
in extraordinary circumstances that imminently threaten the safety
of human life or the protection of property.
(e) The notification thresholds and procedures set forth in subsections (a), (b), (c), and (d) shall apply to any use of deobligated
balances of funds provided in previous Department of Homeland
Security Appropriations Acts.
(f) Notwithstanding subsection (c), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101
note, up to $20,000,000 from appropriations available to the Department of Homeland Security: Provided, That the Secretary shall
notify the Committees on Appropriations of the Senate and the
House of Representatives at least 5 days in advance of such transfer.
SEC. 504. Section 504 of the Department of Homeland Security
Appropriations Act, 2017 (division F of Public Law 115–31), related
to the operations of a working capital fund, shall apply with respect
to funds made available in this Act in the same manner as such
section applied to funds made available in that Act.
SEC. 505. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2018, as recorded in the financial records
at the time of a reprogramming notification, but not later than
June 30, 2019, from appropriations for ‘‘Operations and Support’’
and for ‘‘Coast Guard—Operating Expenses’’, and salaries and
expenses for ‘‘Coast Guard—Acquisition, Construction, and Improvements’’ and ‘‘Coast Guard—Reserve Training’’ for fiscal year 2018
in this Act shall remain available through September 30, 2019,
in the account and for the purposes for which the appropriations
were provided: Provided, That prior to the obligation of such funds,
a notification shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives in accordance
with section 503 of this Act.
SEC. 506. Funds made available by this Act for intelligence
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
an Act authorizing intelligence activities for fiscal year 2018.
SEC. 507. (a) The Secretary of Homeland Security, or the designee of the Secretary, shall notify the Committees on Appropriations of the Senate and the House of Representatives at least
3 full business days in advance of—
(1) making or awarding a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract,
or to issue a letter of intent totaling in excess of $1,000,000;

H. R. 1625—280
(2) awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or award
items under paragraph (1), (2), or (3), including a contract
covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification,
and the Secretary shall notify the Committees on Appropriations
of the Senate and the House of Representatives not later than
5 full business days after such an award is made or letter issued.
(c) A notification under this section—
(1) may not involve funds that are not available for obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
SEC. 508. Notwithstanding any other provision of law, no 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 advance
notification to the Committees on Appropriations of the Senate
and the House of Representatives, except that the Federal Law
Enforcement Training Centers is authorized to obtain the temporary
use of additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Centers facilities.
SEC. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States
Code, has not been approved, except that necessary funds may
be expended for each project for required expenses for the development of a proposed prospectus.
SEC. 510. Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of Public
Law 110–161; 121 Stat. 2073 and 2074) shall apply with respect
to funds made available in this Act in the same manner as such
sections applied to funds made available in that Act.
SEC. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the Buy
American Act: Provided, That for purposes of the preceding sentence, the term ‘‘Buy American Act’’ means chapter 83 of title
41, United States Code.
SEC. 512. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
SEC. 513. Section 519 of division F of Public Law 114–113,
regarding a prohibition on funding for any position designated
as a Principal Federal Official, shall apply with respect to funds
made available in this Act in the same manner as such section
applied to funds made available in that Act.
SEC. 514. None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of

H. R. 1625—281
the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly
authorized by the Congress.
SEC. 515. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a national
identification card.
SEC. 516. Any official that is required by this Act to report
or to certify to the Committees on Appropriations of the Senate
and the House of Representatives may not delegate such authority
to perform that act unless specifically authorized herein.
SEC. 517. None of the funds appropriated or otherwise made
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.
SEC. 518. None of the funds made available in 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 of Federal Regulations.
SEC. 519. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
SEC. 520. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements
of a contract.
SEC. 521. Hereafter, in developing any process to screen aviation passengers and crews for transportation or national security
purposes, the Secretary of Homeland Security shall ensure that
all such processes take into consideration such passengers’ and
crews’ privacy and civil liberties consistent with applicable laws,
regulations, and guidance.
SEC. 522. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of subtitle
I of title 41, United States Code, or chapter 137 of title 10, United
States Code, and the Federal Acquisition Regulation, unless such
contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes.
SEC. 523. (a) For an additional amount for financial systems
modernization, $41,800,000, to remain available until September
30, 2019.
(b) Funds made available in subsection (a) for financial systems
modernization may be transferred by the Secretary of Homeland
Security between appropriations for the same purpose, notwithstanding section 503 of this Act.
(c) No transfer described in subsection (b) shall occur until
15 days after the Committees on Appropriations of the Senate
and the House of Representatives are notified of such transfer.

H. R. 1625—282
SEC. 524. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 525. None of the funds made available in this Act 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. 526. None of the funds made available in this Act may
be used to pay for the travel to or attendance of more than 50
employees of a single component of the Department of Homeland
Security, who are stationed in the United States, at a single international conference unless the Secretary of Homeland Security,
or a designee, determines that such attendance is in the national
interest and notifies the Committees on Appropriations of the
Senate and the House of Representatives within at least 10 days
of that determination and the basis for that determination: Provided, That for purposes of this section the term ‘‘international
conference’’ shall mean a conference occurring outside of the United
States attended by representatives of the United States Government
and of foreign governments, international organizations, or nongovernmental organizations: Provided further, That the total cost
to the Department of Homeland Security of any such conference
shall not exceed $500,000.
SEC. 527. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
SEC. 528. None of the funds made available to the Department
of Homeland Security by this or any other Act may be obligated
for any structural pay reform that affects more than 100 fulltime positions or costs more than $5,000,000 in a single year before
the end of the 30-day period beginning on the date on which
the Secretary of Homeland Security submits to Congress a notification that includes—
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
SEC. 529. (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 Committees on Appropriations of the Senate and the House
of Representatives in this 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 homeland
or national security; or

H. R. 1625—283
(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 Committees
on Appropriations of the Senate and the House of Representatives
for not less than 45 days except as otherwise specified in law.
SEC. 530. (a) Funding provided in this Act for ‘‘Operations
and Support’’ and funding provided in this Act for ‘‘Coast Guard—
Operating Expenses’’ may be used for minor procurement, construction, and improvements.
(b) For purposes of subsection (a), ‘‘minor’’ refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
SEC. 531. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 532. For fiscal year 2018, the Secretary of Homeland
Security may provide, out of discretionary funds available to the
Department of Homeland Security, for the primary and secondary
schooling of dependents of Department of Homeland Security personnel who are stationed outside the continental United States
and for the transportation of such dependents in the same manner
and to the same extent that, pursuant to section 544 of title 14,
United States Code, the Secretary may provide, out of funds appropriated to or for the use of the Coast Guard, for the primary
and secondary schooling of, and the transportation of, dependents
of Coast Guard personnel stationed outside the continental United
States: Provided, That no amounts may be provided from amounts
that were designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency requirement pursuant to a concurrent resolution on the budget or section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That no amounts may be provided
from amounts that were designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
SEC. 533. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2019 that assumes
revenues or proposes a reduction from the previous year based
on user fees proposals that have not been enacted into law prior
to the submission of the budget, the Secretary of Homeland Security
shall provide the Committees on Appropriations of the Senate and
the House of Representatives specific reductions in proposed discretionary budget authority commensurate with the revenues assumed
in such proposals in the event that they are not enacted prior
to October 1, 2018.
SEC. 534. (a) For an additional amount for ‘‘Federal Emergency
Management Agency—Federal Assistance’’, $41,000,000, to remain
available until September 30, 2019, exclusively for providing
reimbursement of extraordinary law enforcement personnel costs
for protection activities directly and demonstrably associated with
any residence of the President that is designated or identified
to be secured by the United States Secret Service.
(b) Funds under subsection (a) shall be available only for costs
that a State or local agency—
(1) incurs on or after October 1, 2017, and before October
1, 2018;
(2) can demonstrate to the Administrator as being—

H. R. 1625—284
(A) in excess of the costs of normal and typical law
enforcement operations;
(B) directly attributable to the provision of protection
described herein; and
(C) associated with a non-governmental property designated or identified to be secured by the United States
Secret Service pursuant to section 3 or section 4 of the
Presidential Protection Assistance Act of 1976 (Public Law
94–524); and
(3) certifies to the Administrator as being for protection
activities requested by the Director of the United States Secret
Service.
(c) For purposes of subsection (a), a designation or identification
of a property to be secured under subsection (b)(2)(C) made after
incurring otherwise eligible costs shall apply retroactively to
October 1, 2017.
(d) The Administrator may establish written criteria consistent
with subsections (a) and (b).
(e) None of the funds provided shall be for hiring new or
additional personnel.
(f) The Inspector General of the Department of Homeland Security shall audit reimbursements made under this section.
SEC. 535. (a) The Secretary of Homeland Security may include
in the President’s budget proposal for Coast Guard for fiscal year
2019, submitted pursuant to section 1105(a) of title 31, United
States Code, and accompanying justification materials, an account
structure established by section 563 of Division F of the Consolidated Appropriations Act, 2016 (Public Law 114–113).
(b) Not earlier than October 1, 2018, the accounts designated
under subsection (a) may be established, and the Secretary of
Homeland Security may execute appropriations of the Department
as provided pursuant to such subsection, including any continuing
appropriations made available for fiscal year 2019 before enactment
of a regular appropriations Act.
(c) Notwithstanding any other provision of law, the Secretary
of Homeland Security may transfer any appropriation made available to the Department of Homeland Security by any appropriations
Acts to the accounts created pursuant to subsection (b) to carry
out the requirements of such subsection, and shall notify the
Committees on Appropriations of the Senate and the House of
Representatives within 5 days of each transfer.
(d)(1) Not later than November 1, 2018, the Secretary of Homeland Security shall establish the preliminary baseline for application
of reprogramming and transfer authorities and submit the report
specified in paragraph (2) to the Committees on Appropriations
of the Senate and the House of Representatives.
(2) The report required in this subsection shall include—
(A) a delineation of the amount and account of each
transfer made pursuant to subsection (b) or (c);
(B) a table for each appropriation with a separate
column to display the President’s budget proposal, adjustments made by Congress, adjustments due to enacted
rescissions, if appropriate, adjustments made pursuant to
the transfer authority in subsection (b) or (c), and the
fiscal year level;
(C) a delineation in the table for each appropriation,
adjusted as described in paragraph (2), both by budget

H. R. 1625—285
activity and program, project, and activity as detailed in
the Budget Appendix; and
(D) an identification of funds directed for a specific
activity.
(e) The Secretary shall not exercise the authority provided
in subsections (b), (c), and (d) unless, not later than June 1, 2018,
the Chief Financial Officer has submitted to the Committees on
Appropriations of the Senate and the House of Representatives—
(1) technical assistance on new legislative language in the
account structure under subsection (a); and
(2) comparison tables of fiscal years 2017, 2018, and 2019
in the account structure under subsection (a).
SEC. 536. (a) None of the funds appropriated by this or previous
appropriations Acts or otherwise made available to the Department
of Homeland Security may be used to establish accounts in the
Treasury of the United States for the Countering Weapons of Mass
Destruction Office or the Cybersecurity and Infrastructure Security
Agency until Congress has enacted a law that specifically authorizes
such Office or Agency and such authorization identifies the functions that are authorized to be transferred to such Office or Agency.
(b) Subject to the limitation in subsection (a), if Congress enacts
a law on or after the date of enactment of this Act that specifically
authorizes the Countering Weapons of Mass Destruction Office
or the Cybersecurity and Infrastructure Security Agency and such
authorization identifies the functions that are authorized to be
transferred to such Office or Agency, the Secretary of Homeland
Security may—
(1) not earlier than October 1, 2018, establish accounts
in the Treasury of the United States necessary to carry out
the functions of the Office or Agency as authorized;
(2) execute appropriations of the Department of Homeland
Security as provided in subparagraph (1), including any continuing appropriations made available for fiscal year 2019,
before enactment of a regular appropriations Act; and
(3) transfer any funds made available to the Department
of Homeland Security by any appropriations Acts to the
accounts created in subparagraph (1) for functions that are
authorized to be transferred to such Office or Agency and
to be used for the purpose of executing authorization of such
Office or Agency.
(c) The authority provided in subsection (b)(3) shall only be
available if the Secretary has notified the Committees on Appropriations of the Senate and the House of Representatives at least
15 days in advance of each such transfer.
SEC. 537. Section 404 of the Coast Guard Authorization Act
of 2010 (Public Law 111–281; 124 Stat. 2950), as amended, shall
be applied in subsection (b) by substituting ‘‘September 30, 2018’’
for ‘‘September 30, 2017’’.
SEC. 538. (a) Section 831 of the Homeland Security Act of
2002 (6 U.S.C. 391) shall be applied—
(1) In subsection (a), by substituting ‘‘September 30, 2018,’’
for ‘‘September 30, 2017,’’; and
(2) In subsection (c)(1), by substituting ‘‘September 30,
2018,’’ for ‘‘September 30, 2017’’.
(b) The Secretary of Homeland Security, under the authority
of section 831 of the Homeland Security Act of 2002 (6 U.S.C.
391(a)), may carry out prototype projects under section 2371b of

H. R. 1625—286
title 10, United States Code, and the Secretary shall perform the
functions of the Secretary of Defense as prescribed.
(c) The Secretary of Homeland Security under section 831 of
the Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use
the definition of nontraditional government contractor as defined
in section 2371b(e) of title 10, United States Code.
(RESCISSIONS)

SEC. 539. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99–177):
(1) $44,557,000 from Public Law 115–31 under the heading
‘‘Transportation Security Administration—Operations and Support’’;
(2) $1,785,697 from Public Law 108–334 under the heading
‘‘Coast Guard—Alteration of Bridges’’;
(3) $1,920,100 from Public Law 109–90 under the heading
‘‘Coast Guard—Alteration of Bridges’’;
(4) $1,791,454 from Public Law 109–295 under the heading
‘‘Coast Guard—Alteration of Bridges’’;
(5) $3,221,594 from Public Law 110–161 under the heading
‘‘Coast Guard—Alteration of Bridges’’;
(6) $3,680,885 from Public Law 111–83 under the heading
‘‘Coast Guard—Alteration of Bridges’’;
(7) $25,000,000 from Public Law 114–113 under the
heading ‘‘Coast Guard—Acquisition, Construction, and Improvements’’;
(8) $2,000,000 from Public Law 114–113 under the heading
‘‘Science and Technology—Research, Development, Acquisition,
and Operations’’;
(9) $2,000,000 from Public Law 115–31 under the heading
‘‘Science and Technology Directorate—Operations and Support’’
account 70 17/18 0800;
(10) $6,000,000 from Public Law 115–31 under the heading
‘‘Science and Technology Directorate—Research and Development’’; and
(11) $4,307,000 from Public Law 115–31 under the heading
‘‘Intelligence, Analysis, and Operations Coordination—Operations and Support’’.
(RESCISSIONS)

SEC. 540. Of the funds transferred to the Department of Homeland Security when it was created in 2003, the following funds
are hereby rescinded from the following accounts and programs
in the specified amounts:
(1) $66,024 from ‘‘Coast Guard—Acquisition, Construction,
and Improvements’’ account 70x0613;
(2) $2,400 from ‘‘Transportation Security Administration—
Salaries and Expenses’’ account 70x0508; and
(3) $31,948 from ‘‘U.S. Customs and Border Protection’’
account 70x0503.

H. R. 1625—287
(RESCISSIONS)

SEC. 541. The following unobligated balances made available
to the Department of Homeland Security pursuant to section 505
of the Department of Homeland Security Appropriations Act, 2017
(Public Law 115–31) are rescinded:
(1) $2,941,804 from ‘‘U.S. Customs and Border Protection—
Operations and Support’’;
(2) $24,337,865 from ‘‘Coast Guard—Operating Expenses’’;
(3) $260,584 from ‘‘Coast Guard—Reserve Training’’;
(4) $308,974 from ‘‘Coast Guard—Acquisition, Construction,
and Improvements’’;
(5) $106,894 from ‘‘Federal Emergency Management
Agency—Operations and Support’’; and
(6) $23,938 from ‘‘Office of Health Affairs—Operations and
Support’’.
(RESCISSION)

SEC. 542. From the unobligated balances available in the
Department of the Treasury Forfeiture Fund established by section
9703 of title 31, United States Code (added by section 638 of
Public Law 102–393), $364,162,000 shall be permanently rescinded
not later than September 30, 2018.
SEC. 543. Notwithstanding section 5170c(b)(2)(B)(ii) of title 42,
United States Code, the Administrator of the Federal Emergency
Management Agency shall allow flood protection systems constructed in 2016 on property acquired with hazard mitigation assistance provided under section 5170c of title 42, United States Code,
in an inadvertent violation of the terms and conditions of such
assistance to remain in place on such property: Provided, That
no new or additional structure may be erected on the property
unless the new or additional structure complies with section
5170c(b)(2)(B)(ii) of title 42, United States Code: Provided further,
That this provision does not otherwise excuse compliance with
all other applicable laws including statutes, executive orders, regulations, and program and grant legal requirements pertaining to
the floodwall structure or the acquired property.
SEC. 544. Section 545 of title V of division F of the Consolidated
Appropriations Act, 2017, as added by section 20607 of title VI
of subdivision 1 of division B of the Bipartisan Budget Act of
2018, is amended to read as follows:
‘‘SEC. 545. (a) PREMIUM PAY AUTHORITY.—During calendar year
2017, any premium pay that is funded, either directly or through
reimbursement, by the ‘Federal Emergency Management Agency—
Disaster Relief Fund’ shall be exempted from the aggregate of
basic pay and premium pay calculated under section 5547(a) of
title 5, United States Code, and any other provision of law limiting
the aggregate amount of premium pay payable on a biweekly or
calendar year basis.
‘‘(b) OVERTIME AUTHORITY.—During calendar year 2017, any
overtime pay that is funded, either directly or through reimbursement, by the ‘Federal Emergency Management Agency—Disaster
Relief Fund’ and that is payable under an authority outside of
title 5, United States Code, shall be exempted from any annual
limit on the amount of overtime pay payable in a calendar or
fiscal year.

H. R. 1625—288
‘‘(c) APPLICABILITY OF AGGREGATE LIMITATION ON PAY.—In
determining whether an employee’s aggregate pay exceeds the
applicable annual rate of basic pay payable under section 5307
of title 5, United States Code, the head of an Executive agency
shall not include pay exempted under this section.
‘‘(d) LIMITATION OF PAY AUTHORITY.—
‘‘(1) Pay exempted from otherwise applicable limits under
subsection (a) or (b) shall not cause the aggregate of basic
pay and premium pay for the applicable calendar year to exceed
the rate of basic pay payable for a position at level II of
the Executive Schedule under section 5313 of title 5, United
States Code, as in effect at the end of such calendar year.
‘‘(2) For purposes of applying this subsection to an employee
who would otherwise be subject to the premium pay limits
established under section 5547 of title 5, United States Code,
‘premium pay’ means the premium pay paid under the provisions of law cited in section 5547(a).
‘‘(3) For purposes of applying this subsection to an employee
under a premium pay limit established under an authority
other than section 5547 of title 5, United States Code, the
agency responsible for administering such limit shall determine
what payments are considered premium pay.
‘‘(e) EFFECTIVE DATE.—This section shall take effect as if
enacted on December 31, 2016.
‘‘(f) TREATMENT OF ADDITIONAL PAY.—If application of this section results in the payment of additional premium pay to a covered
employee of a type that is normally creditable as basic pay for
retirement or any other purpose, that additional pay shall not—
‘‘(1) be considered to be basic pay of the covered employee
for any purpose; or
‘‘(2) be used in computing a lump-sum payment to the
covered employee for accumulated and accrued annual leave
under section 5551 or section 5552 of title 5, United States
Code.’’.
This division may be cited as the ‘‘Department of Homeland
Security Appropriations Act, 2018’’.
DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF THE INTERIOR
BUREAU

OF

LAND MANAGEMENT

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)), $1,183,043,000, to remain available

H. R. 1625—289
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 $1,183,043,000,
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.
LAND ACQUISITION

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, $24,916,000,
to be derived from the Land and Water Conservation Fund and
to remain available until expended.
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; $106,985,000, 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 BankheadJones 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.

H. R. 1625—290
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.
ADMINISTRATIVE PROVISIONS

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:

H. R. 1625—291
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 destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its contractors
or for the sale of wild horses and burros that results in their
destruction for processing into commercial products.
UNITED STATES FISH

AND

WILDLIFE SERVICE

RESOURCE MANAGEMENT

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, $1,279,002,000, to
remain available until September 30, 2019: Provided, That not
to exceed $18,818,000 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)).
CONSTRUCTION

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;
$66,540,000, to remain available until expended.
LAND ACQUISITION

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, $63,839,000, 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 $33,857,000 is to be derived from
the Cooperative Endangered Species Conservation Fund; and of
which $19,638,000 is to be derived from the Land and Water Conservation Fund.

H. R. 1625—292
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.),
$40,000,000, 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.), $3,910,000, 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.
STATE AND TRIBAL WILDLIFE GRANTS

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,
$63,571,000, 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

H. R. 1625—293
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.
ADMINISTRATIVE PROVISIONS

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.
NATIONAL PARK SERVICE
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, $2,477,969,000, of which $10,032,000 for planning
and interagency coordination in support of Everglades restoration
and $134,461,000 for maintenance, repair, or rehabilitation projects
for constructed assets shall remain available until September 30,

H. R. 1625—294
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, $63,638,000.
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), $96,910,000, to be derived from the Historic Preservation
Fund and to remain available until September 30, 2019, of which
$13,000,000 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 under-represented, as determined by the Secretary,
$13,000,000 is for competitive grants to preserve the sites and
stories of the Civil Rights movement, $5,000,000 is for grants to
Historically Black Colleges and Universities, and $5,000,000 is for
competitive grants for the restoration of historic properties of
national, State and local significance listed on or eligible for inclusion on the National Register of Historic Places, to be made without
imposing the usage or direct grant restrictions of section 101(e)(3)
(54 U.S.C. 302904) of the National Historical Preservation Act:
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 non-profit organizations.
CONSTRUCTION

For construction, improvements, repair, or replacement of physical facilities, and compliance and planning for programs and areas
administered by the National Park Service, $359,704,000, 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,

H. R. 1625—295
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 ACQUISITION AND STATE ASSISTANCE

For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of lands or waters, or interest therein, in accordance
with the statutory authority applicable to the National Park Service,
$180,941,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended, of which $124,006,000
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, $23,000,000, 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 credit.
ADMINISTRATIVE PROVISIONS
(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 subaccount 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 liability.
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 until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation,

H. R. 1625—296
for purposes authorized under 23 U.S.C. 204. Transfers may include
a reasonable amount for FHWA administrative support costs.
UNITED STATES GEOLOGICAL SURVEY
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; $1,148,457,000, to remain available until September 30, 2019; of which $78,537,000 shall remain available until
expended for satellite operations; and of which $15,164,000 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.
ADMINISTRATIVE PROVISIONS

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 gauging
stations, observation wells, and seismic equipment; 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

H. R. 1625—297
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, rightsof-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.
BUREAU

OF

SAFETY

AND

ENVIRONMENTAL ENFORCEMENT

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, 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 $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

H. R. 1625—298
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, $14,899,000, 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, $115,804,000, 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 $115,804,000.
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

H. R. 1625—299
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 Enforcement sponsored training.
In addition, $115,000,000, to remain available until expended,
for grants to States and federally recognized Indian Tribes for
reclamation of abandoned mine lands and other related activities
in accordance with the terms and conditions in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated 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 of such additional amount, $75,000,000 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, $30,000,000
shall be distributed in equal amounts to the 3 Appalachian States
with the subsequent greatest amount of unfunded needs to meet
such priorities, and $10,000,000 shall be for grants to federally
recognized Indian Tribes without regard to their status as certified
or uncertified under the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1233(a)), for reclamation of abandoned mine
lands and other related activities in accordance with the terms
and conditions in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act)
and 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: Provided further,
That such additional amount shall be allocated to States and Indian
Tribes within 60 days after the date of enactment of this Act.
BUREAU

OF INDIAN

AFFAIRS

AND

BUREAU

OF INDIAN

EDUCATION

OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

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.), $2,411,200,000,
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
$76,000,000 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 $673,425,000 for school operations
costs of Bureau-funded schools and other education programs shall

H. R. 1625—300
become available on July 1, 2018, and shall remain available until
September 30, 2019: Provided further, That not to exceed
$53,991,000 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
$81,036,000 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 owned by the Bureau of Indian Affairs as identified on the National Tribal Transportation Facility Inventory, 23
U.S.C. 202(b)(1).
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.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)

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; $354,113,000, 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:

H. R. 1625—301
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 title XI
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 5206(f) of Public
Law 100–297 (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 5208(e) of
Public Law 107–110 (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 INDIANS

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.

H. R. 1625—302
ADMINISTRATIVE PROVISIONS
(INCLUDING RESCISSION OF FUNDS)

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.
Notwithstanding any other provision of law, no funds 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 to support expansion
of up to one additional grade when the Secretary determines such
waiver is needed to support accomplishment of the mission of the
Bureau of Indian Education, or more than one grade to expand
the elementary grade structure for Bureau-funded schools with
a K-2 grade structure on October 1, 1996. 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

H. R. 1625—303
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.
Of the prior year unobligated balances available for the ‘‘Operation of Indian Programs’’ account, $8,000,000 are permanently
rescinded.
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, $124,182,000, 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
$10,242,000 for the Office of Valuation Services is to be derived

H. R. 1625—304
from the Land and Water Conservation Fund and shall remain
available until expended.
ADMINISTRATIVE PROVISIONS

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, $96,870,000,
of which: (1) $87,422,000 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 law (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 law (Public Law 94–241; 90 Stat. 272); and (2) $9,448,000 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

H. R. 1625—305
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, $3,363,000, 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.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)

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: 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 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.
OFFICE

OF THE

SOLICITOR

SALARIES AND EXPENSES

For necessary
$66,675,000.

expenses

OFFICE

of

the

OF INSPECTOR

Office

of

the

Solicitor,

GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General,
$51,023,000.

H. R. 1625—306
OFFICE

OF THE

SPECIAL TRUSTEE

FOR

AMERICAN INDIANS

FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

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

H. R. 1625—307
of the Interior, $948,087,000, to remain available until expended,
of which not to exceed $18,427,000 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 $184,000,000
is for fuels management activities: Provided further, That of the
funds provided $20,470,000 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 microbusinesses; 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

H. R. 1625—308
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 organizations.
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., $7,767,000,
to remain available until expended.
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, $62,370,000, 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

H. R. 1625—309
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
disbursement of royalties, fees, and other mineral revenue proceeds,
and for grants and cooperative agreements, as authorized by law,
$137,757,000, to remain available until 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.
GENERAL PROVISIONS, DEPARTMENT

OF THE INTERIOR

(INCLUDING TRANSFERS OF FUNDS)
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-

H. R. 1625—310
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 supplemental appropriation, which
must be requested as 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.

H. R. 1625—311
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, overlapping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
ELLIS, GOVERNORS, AND LIBERTY ISLANDS

SEC. 106. Notwithstanding any other provision of law, the
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
(2) $16,700 per inspection for rigs operating in water 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.

H. R. 1625—312
BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION AND
ENFORCEMENT REORGANIZATION

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 explanatory statement described in section 4 (in
the matter preceding division A of this consolidated 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 ‘‘through
2020,’’ in the first sentence and inserting ‘‘through 2022,’’.
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.
HUMANE TRANSFER OF EXCESS ANIMALS

SEC. 113. Notwithstanding any other provision of law, the
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:

H. R. 1625—313
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.
REPUBLIC OF PALAU

SEC. 114. There is appropriated $123,824,000 for an additional
amount for ‘‘Compact of Free Association’’, which shall remain
available until expended for use in meeting the financial obligations
of the Government of the United States under the Agreement
between the Government of the United States of America and
the Government of the Republic of Palau Following the Compact
of Free Association Section 432 Review, signed on September 3,
2010, with the funding schedule therein modified by the Parties
as necessary and appropriate (‘‘Compact Review Agreement’’): Provided, That funds may not be made available under this section
prior to the Compact Review Agreement and its appendices entering
into force.
DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES PROGRAM

SEC. 115. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter
into cooperative agreements with, private nonprofit organizations
designated by the Secretary of Labor under title V of the Older
Americans Act of 1965 to utilize the talents of older Americans
in programs authorized by other provisions of law administered
by the Secretary and consistent with such provisions of law.
(b) Prior to awarding any grant or agreement under subsection
(a), the Secretary shall ensure that the agreement would not—
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within
the Department; or
(3) affect existing contracts for services.
JAY S. HAMMOND WILDERNESS

SEC. 116. (a) DESIGNATION.—The approximately 2,600,000 acres
of National Wilderness Preservation System land located within
the Lake Clark National Park and Preserve designated by section
701(6) of the Alaska National Interest Lands Conservation Act

H. R. 1625—314
(16 U.S.C. 1132 note; Public Law 96–487) shall be known and
designated as the ‘‘Jay S. Hammond Wilderness’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the wilderness area referred to in subsection (a) shall be deemed to be a
reference to the ‘‘Jay S. Hammond Wilderness’’.
EXTENSION OF AUTHORITIES

SEC. 117. (a) Division II of Public Law 104–333 (54 U.S.C.
320101 note), as amended by section 116(b)(2) of Public Law 114–
113, is amended in each of sections 203, 310, and 607, by striking
‘‘2017’’ and inserting ‘‘2019’’.
(b) Section 140(j) of the Department of the Interior and Related
Agencies Appropriations Act, 2004 (54 U.S.C. 320101 note; Public
Law 108–108; 117 Stat. 1280) is amended by striking ‘‘15 years’’
and inserting ‘‘17 years’’.
PAYMENTS IN LIEU OF TAXES (PILT)

SEC. 118. Section 6906 of title 31, United States Code, is
amended by striking ‘‘each of fiscal years 2008 through 2014’’ and
inserting ‘‘fiscal year 2018’’.
MORRISTOWN NATIONAL HISTORICAL PARK

SEC. 119. The first section of the Act entitled ‘‘An Act to
authorize the addition of lands to Morristown National Historical
Park in the State of New Jersey, and for other purposes’’, approved
September 18, 1964 (16 U.S.C. 409g), is amended—
(1) by inserting ‘‘, from a willing owner only,’’ after ‘‘the
Secretary of the Interior is authorized to procure’’; and
(2) by striking ‘‘615’’ each place it appears and inserting
‘‘715’’.
SAGE-GROUSE

SEC. 120. 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.
INCORPORATION BY REFERENCE

SEC. 121. (a) The following provisions of S. 1460 (Energy and
Natural Resources Act of 2017) of the 115th Congress, as placed
on the calendar of the Senate on June 29, 2017, are hereby enacted
into law:
(1) Section 7130 (Modification of the Second Division Memorial).
(2) Section 7134 (Ste. Genevieve National Historical Park).
(b) H.R. 1281 as introduced in the 115th Congress (A bill
to extend the authorization of the Highlands Conservation Act)
and H.R. 4134 as introduced in the 115th Congress (Cecil D.

H. R. 1625—315
Andrus-White Clouds Wilderness Redesignation Act) are hereby
enacted into law.
(c) In publishing this Act in slip form and in the United States
Statutes at large pursuant to section 112 of title 1, United States
Code, the Archivist of the United States shall include after the
date of approval at the end an appendix setting forth the text
of the sections of the bill and the bills referred to in subsections
(a) and (b), respectively.
MINERAL WITHDRAWAL SUBJECT TO VALID EXISTING RIGHTS

SEC. 122. (a) The mineral estate identified in Bureau of Land
Management contracts number CA 20139 and CA 22901 is hereby
withdrawn from all forms of mineral entry authority of the Secretary, subject to valid existing rights.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE

AND

TECHNOLOGY

(INCLUDING RESCISSION OF FUNDS)

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, $713,823,000, 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 explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act): Provided further, That of unobligated balances from appropriations
made available under this heading, $7,350,000 are permanently
rescinded: Provided further, That no amounts may be rescinded
pursuant to the preceding proviso from amounts made available
in the first proviso for Research: National Priorities.
ENVIRONMENTAL PROGRAMS

AND

MANAGEMENT

(INCLUDING RESCISSION OF FUNDS)

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; implementation of a coal
combustion residual permit program under section 2301 of the
Water and Waste Act of 2016; and not to exceed $19,000 for official
reception and representation expenses, $2,643,299,000, to remain
available until September 30, 2019: Provided, That of the funds

H. R. 1625—316
included under this heading, $12,700,000 shall be for Environmental
Protection: National Priorities as specified in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act): Provided further, That of the funds
included under this heading, $447,857,000 shall be for Geographic
Programs specified in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That of the unobligated balances from appropriations made available under this heading, $45,300,000 are
permanently rescinded: Provided further, That no amounts may
be rescinded pursuant to the preceding proviso from amounts made
available in the first proviso for Environmental Protection: National
Priorities, from amounts made available in the second proviso for
Geographic Programs, or from the National Estuary Program (33
U.S.C. 1330).
In addition, $10,000,000 to remain available until expended,
for necessary expenses of activities described in section 26(b)(1)
of the Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided,
That fees collected pursuant to that section of that Act and deposited
in the ‘‘TSCA Service Fee Fund’’ as discretionary offsetting receipts
in fiscal year 2018 shall be retained and used for necessary salaries
and expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in
this paragraph from the general fund for fiscal year 2018 shall
be reduced by the amount of discretionary offsetting receipts
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 $0: Provided further, That to the extent that amounts
realized from such receipts exceed $10,000,000, those amount in
excess of $10,000,000 shall be deposited in the ‘‘TSCA Service
Fee Fund’’ as discretionary offsetting receipts in fiscal year 2018,
shall be retained and used for necessary salaries and expenses
in this account, and shall remain available until expended: Provided
further, That of the funds included in the first paragraph under
this heading, the Chemical Risk Review and Reduction program
project shall be allocated for this fiscal year, excluding the amount
of any fees appropriated, not less than the amount of appropriations
for that program project for fiscal year 2014.
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 expended: 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.

H. R. 1625—317
OFFICE

OF INSPECTOR

GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,489,000, to remain available until September 30, 2019.
BUILDINGS

AND

FACILITIES

For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or for use by,
the Environmental Protection Agency, $34,467,000, to remain available until expended.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)

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) $1,091,947,000, 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 $1,091,947,000 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, $8,778,000 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, $91,941,000, to remain available until
expended, of which $66,572,000 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,
$18,209,000, to be derived from the Oil Spill Liability trust fund,
to remain available until expended.

H. R. 1625—318
STATE

AND

TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,562,161,000, to remain available until expended, of which—
(1) $1,393,887,000 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
2018, to the extent there are sufficient eligible project applications and projects are consistent with State Intended Use Plans,
not less than 10 percent of the funds made available under
this title to each State for Clean Water State Revolving Fund
capitalization grants shall be used by the State for projects
to address green infrastructure, water or energy efficiency
improvements, or other environmentally innovative activities:
Provided further, That for fiscal year 2018, funds made available under this title to each State 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: Provided further, That for
fiscal year 2018, notwithstanding 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 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

H. R. 1625—319
establishments: Provided further, That for fiscal year 2018,
notwithstanding 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, or where such debt was incurred prior to the
date of enactment of this Act if the State, with concurrence
from the Administrator, determines that such funds could be
used to help address a threat to public health from heightened
exposure to lead in drinking water or if a Federal or State
emergency declaration has been issued due to a threat to public
health from heightened exposure to lead in a municipal

H. R. 1625—320
drinking water supply before the date of enactment of this
Act: Provided further, That in a State in which such an emergency declaration has been issued, the State may use more
than 20 percent of the funds made available under this title
to the State for Drinking Water State Revolving Fund capitalization grants to provide additional subsidy to eligible recipients;
(2) $10,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection
with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission: Provided,
That no funds provided by this appropriations Act to address
the water, wastewater and other critical infrastructure needs
of the colonias in the United States along the United StatesMexico border shall be made available to a county or municipal
government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any additional colonia areas, or the development within an existing
colonia the construction of any new home, business, or other
structure which lacks water, wastewater, or other necessary
infrastructure;
(3) $20,000,000 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;
(4) $80,000,000 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;
(5) $75,000,000 shall be for grants under title VII, subtitle
G of the Energy Policy Act of 2005;
(6) $40,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the explanatory

H. R. 1625—321
statement described in section 4 (in the matter preceding division A of this consolidated Act);
(7) $4,000,000 shall be to carry out the water quality program authorized in section 5004(d) of the Water Infrastructure
Improvements for the Nation Act (Public Law 114–322); and
(8) $1,076,041,000 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; $10,000,000 shall be for multipurpose grants, including interagency agreements: Provided, That
hereafter, notwithstanding other applicable provisions of law,
the funds appropriated for the Indian Environmental General
Assistance Program shall be available to federally recognized
tribes for solid waste and recovered materials collection,
transportation, backhaul, and disposal services.
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, $5,000,000, 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 $610,000,000.
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, 2019.

H. R. 1625—322
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.
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.
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.
The Administrator is authorized to use the amounts appropriated under the heading ‘‘Environmental Programs and Management’’ for fiscal year 2018 to provide grants to implement the
Southeastern New England Watershed Restoration Program.
Of the unobligated balances available for the ‘‘State and Tribal
Assistance Grants’’ account, $96,198,000 are hereby permanently
rescinded: Provided, That no amounts may be rescinded from

H. R. 1625—323
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 or from amounts that were made available by subsection
(a) of section 196 of the Continuing Appropriations Act, 2017 (division C of Public Law 114–223), as amended by the Further Continuing and Security Assistance Appropriations Act, 2017 (Public
Law 114–254).
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not less
than $1,000,000 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).
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
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: Provided, That
funds made available by this Act to any agency in the Natural
Resources and Environment mission area for salaries and expenses
are available to fund up to one administrative support staff for
the office.
FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as
authorized by law, $297,000,000, to remain available through September 30, 2021: Provided, That of the funds provided, $77,000,000
is for the forest inventory and analysis program.
STATE AND PRIVATE FORESTRY
(INCLUDING RESCISSION OF FUNDS)

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, $335,525,000, to remain
available through September 30, 2021, as authorized by law; of
which $67,025,000 is to be derived from the Land and Water Conservation Fund to be used for the Forest Legacy Program, to remain
available until expended.
Of the unobligated balances from amounts made available for
the Forest Legacy Program and derived from the Land and Water
Conservation Fund, $5,938,000 is hereby permanently rescinded
from projects with cost savings or failed or partially failed projects
that had funds returned: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress

H. R. 1625—324
as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
NATIONAL FOREST SYSTEM

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, $1,923,750,000, to remain available through September 30, 2021: Provided, That of the funds
provided, $40,000,000 shall be deposited in the Collaborative Forest
Landscape Restoration Fund for ecological restoration treatments
as authorized by 16 U.S.C. 7303(f): Provided further, That of the
funds provided, $366,000,000 shall be for forest products: Provided
further, That of the funds provided, $430,000,000 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 $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 nonFederal land if the Secretary determines such activities benefit
resources on Federal land: Provided further, That funds made available to implement the Community Forestry 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’’ appropriations: 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.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Forest Service, not otherwise
provided for, $449,000,000, 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

H. R. 1625—325
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.
LAND ACQUISITION

For expenses necessary to carry out the provisions of 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, $64,337,000, to be derived from the Land and Water Conservation Fund and to remain available until expended.
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 Land Sale and Exchange Acts, pursuant to the Act of December
4, 1967 (16 U.S.C. 484a), to remain available through September
30, 2021, (16 U.S.C. 516–617a, 555a; Public Law 96–586; Public
Law 76–589, 76–591; and Public Law 78–310).
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 Public Law 94–579, 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 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2021, to be derived from
the fund established pursuant to the above 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.),
$2,500,000, to remain available through September 30, 2021.

H. R. 1625—326
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)

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, and for emergency rehabilitation of
burned-over National Forest System lands and water,
$2,880,338,000, 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 funds provided shall be available for support to Federal emergency response: 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
designated for wildfire suppression, shall be assessed for cost pools
on the same basis as such assessments are calculated against
other agency programs: Provided further, That the $65,000,000
made available under this heading in the Consolidated and Further
Continuing Appropriations Act, 2015 (Public Law 113–235) for the
purpose of acquiring aircraft for the next-generation airtanker fleet
shall instead be available until expended for the purpose of
enhancing firefighting mobility, effectiveness, efficiency, and safety.
ADMINISTRATIVE PROVISIONS—FOREST SERVICE
(INCLUDING TRANSFERS OF FUNDS)

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).

H. R. 1625—327
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.
Not more than $50,000,000 of funds appropriated to the Forest
Service shall be available for expenditure or transfer to the Department of the Interior for wildland fire management, hazardous fuels
management, and State fire assistance when such transfers would
facilitate and expedite wildland fire management programs and
projects.
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
National Forest System Account, or reprogram funds to be used
for the purposes of hazardous fuels management and urgent
rehabilitation of burned-over National Forest System lands 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 appropriated to the
FLAME Wildfire Suppression Reserve Fund or 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 U.S., 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 U.S. Agency for
International Development, the Department of State, and the
Millennium Challenge Corporation), U.S. private sector firms,
institutions and organizations to provide technical assistance and
training programs overseas on forestry and rangeland management.
Funds appropriated to the Forest Service shall be available
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),

H. R. 1625—328
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 explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
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. 1721 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.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable
rural development purposes.

H. R. 1625—329
Funds appropriated to the Forest Service shall be available
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)).
The Forest Service shall not assess funds for the purpose of
performing fire, administrative, and other facilities maintenance
and decommissioning.
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 no 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 Appropriations.
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 June 21, 2018.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES

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, $3,952,290,000, 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

H. R. 1625—330
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 $962,695,000 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 $58,000,000 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 the housing subsidy authority for civilian employees, 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

H. R. 1625—331
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, $72,280,000 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: Provided further, That the accreditation
emergency funds may be used, as needed, to carry out activities
typically funded under the Indian Health Facilities account.
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 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 account.
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 SelfDetermination 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, $867,504,000, 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.

H. R. 1625—332
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-Determination and Education
Assistance Act of 1975 (25 U.S.C. 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

H. R. 1625—333
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 SelfDetermination Act, may be credited to the same or subsequent
appropriation account from which the funds were originally derived,
with such amounts to remain available until expended: Provided
further, That 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 technical assistance: Provided further, That the Indian Health Service may provide
to civilian medical personnel serving in hospitals operated by the
Indian Health Service housing allowances equivalent to those that
would be provided to members of the Commissioned Corps of the
United States Public Health Service serving in similar positions
at such hospitals: 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 Appropriations.
NATIONAL INSTITUTES

OF

HEALTH

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, $77,349,000.
AGENCY

FOR

TOXIC SUBSTANCES

AND

DISEASE REGISTRY

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 Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and
section 3019 of the Solid Waste Disposal Act, $74,691,000: 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.

H. R. 1625—334
OTHER RELATED AGENCIES
EXECUTIVE OFFICE

OF THE

PRESIDENT

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, $3,000,000: 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

SALARIES AND EXPENSES

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

SALARIES AND EXPENSES

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

H. R. 1625—335
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).
INSTITUTE

OF

AMERICAN INDIAN AND ALASKA NATIVE CULTURE
ARTS DEVELOPMENT

AND

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.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES

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, $731,444,000, 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, $311,903,000, to remain available until
expended, of which not to exceed $10,000 shall be for services
as authorized by 5 U.S.C. 3109.

H. R. 1625—336
NATIONAL GALLERY

OF

ART

SALARIES AND EXPENSES

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, $141,790,000, to remain available until September 30, 2019, of which not to exceed $3,620,000 for the special
exhibition program shall remain available until expended.
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, $24,203,000, 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

OPERATIONS AND MAINTENANCE

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, $16,775,000, to remain available
until expended.

H. R. 1625—337
WOODROW WILSON INTERNATIONAL CENTER

FOR

SCHOLARS

SALARIES AND EXPENSES

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, $12,000,000, to remain available until September 30, 2019.
NATIONAL FOUNDATION

ON THE

ARTS

NATIONAL ENDOWMENT

AND THE

FOR THE

HUMANITIES

ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $152,849,000 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 until expended.
NATIONAL ENDOWMENT

FOR THE

HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $152,848,000 to
remain available until expended, of which $141,548,000 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 $11,300,000 shall be available to carry out the matching
grants program pursuant to section 10(a)(2) of the Act, including
$9,100,000 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.
ADMINISTRATIVE PROVISIONS
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

H. R. 1625—338
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

SALARIES AND EXPENSES

For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $2,762,000: 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 expenses.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190
(20 U.S.C. 956a), $2,750,000.
ADVISORY COUNCIL

ON

HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665), $6,400,000.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES

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, $8,099,000: 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.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM

For expenses of the Holocaust Memorial Museum, as authorized
by Public Law 106–292 (36 U.S.C. 2301–2310), $59,000,000, of
which $1,715,000 shall remain available until September 30, 2020,
for the Museum’s equipment replacement program; and of which
$4,000,000 for the Museum’s repair and rehabilitation program
and $1,264,000 for the Museum’s outreach initiatives program shall
remain available until expended.

H. R. 1625—339
DWIGHT D. EISENHOWER MEMORIAL COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,800,000, to remain available until expended.
CAPITAL CONSTRUCTION

For necessary expenses of the Dwight D. Eisenhower Memorial
Commission for design and construction of a memorial in honor
of Dwight D. Eisenhower, as authorized by Public Law 106–79,
$45,000,000, to remain available until expended: Provided, 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
SALARIES AND EXPENSES

For necessary expenses for the Women’s Suffrage Centennial
Commission, as authorized by the Women’s Suffrage Centennial
Commission Act (section 431(a)(3) of division G of Public Law
115–31), $1,000,000, to remain available until expended.
WORLD WAR I CENTENNIAL COMMISSION
SALARIES AND EXPENSES

Notwithstanding section 9 of the World War I Centennial
Commission Act, 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), for necessary expenses
of the World War I Centennial Commission, $7,000,000, to remain
available until expended: Provided, That in addition to the authority
provided by section 6(g) of such Act, the World War I Commission
may accept money, in-kind personnel services, contractual support,
or any appropriate support from any executive branch agency for
activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
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. 1913.

H. R. 1625—340
OBLIGATION OF APPROPRIATIONS

SEC. 402. No part of any appropriation contained in this 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 approval.
MINING APPLICATIONS

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.

H. R. 1625—341
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 2018.
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 selfgovernance 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 section 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

H. R. 1625—342
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.

H. R. 1625—343
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);

H. R. 1625—344
(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
education.
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.
PROHIBITION ON USE OF FUNDS

SEC. 416. 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

SEC. 417. Notwithstanding any other provision of law, none
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.
FUNDING PROHIBITION

SEC. 418. None of the funds made available by this or any
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. 419. 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. 420. 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. 421. 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

H. R. 1625—345
under section 402 of the Federal Lands Policy and Management
Act (43 U.S.C. 1752), shall remain in effect for fiscal year 2018.
FUNDING PROHIBITION

SEC. 422. (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. 423. 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. 424. (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 Environmental Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.

H. R. 1625—346
(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.
MIDWAY ISLAND

SEC. 425. None of the funds made available by this Act may
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).
JOHN F. KENNEDY CENTER REAUTHORIZATION

SEC. 426. 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),
$23,740,000 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), $16,775,000 for fiscal year 2018.’’.
LOCAL COOPERATOR TRAINING AGREEMENTS AND TRANSFERS OF
EXCESS EQUIPMENT AND SUPPLIES FOR WILDFIRES

SEC. 427. The Secretary of the Interior is authorized to enter
into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training
and equipment, including supplies and communication devices. Notwithstanding 121(c) of title 40, United States Code, or section
521 of title 40, United States Code, the Secretary is further authorized to transfer title to excess Department of the Interior firefighting
equipment no longer needed to carry out the functions of the Department’s wildland fire management program to such organizations.
ALASKA NATIVE REGIONAL HEALTH ENTITIES

SEC. 428. Section 424 of the Consolidated Appropriations Act,
2014 (Public Law 113–76) is amended by striking ‘‘2018’’ and
inserting ‘‘2019’’.
TREATMENT OF CERTAIN HOSPITALS

SEC. 429. Section 1886(d)(12)(C) of the Social Security Act
(42 U.S.C. 1395ww(d)(12)(C)) is amended by adding at the end
the following new clause:
‘‘(iii) TREATMENT OF INDIAN HEALTH SERVICE AND NONINDIAN HEALTH SERVICE FACILITIES.—For purposes of determining whether—
‘‘(I) a subsection (d) hospital of the Indian Health
Service (whether operated by such Service or by an
Indian tribe or tribal organization (as those terms are
defined in section 4 of the Indian Health Care Improvement Act)), or

H. R. 1625—347
‘‘(II) a subsection (d) hospital other than a hospital
of the Indian Health Service meets the mileage criterion under clause (i) with respect to fiscal year 2011
or a succeeding fiscal year, the Secretary shall apply
the policy described in the regulation at part 412.101(e)
of title 42, Code of Federal Regulations (as in effect
on the date of enactment of this clause).’’.
INFRASTRUCTURE

SEC. 430. (a) For an additional amount for ‘‘Environmental
Protection Agency—Hazardous Substance Superfund’’, $63,000,000,
of which $54,389,000 shall be for the Superfund Remedial program
and $8,611,000 shall be for the Superfund Emergency Response
and Removal program, 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
$63,000,000 as a payment from general revenues to the Hazardous
Substance Superfund for purposes as authorized by section 517(b)
of SARA.
(b) For an additional amount for ‘‘Environmental Protection
Agency—State and Tribal Assistance Grants,’’ for environmental
programs and infrastructure assistance, including capitalization
grants for State revolving funds and performance partnership
grants, $650,000,000 to remain available until expended, of which—
(1) $300,000,000 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
$300,000,000 shall be for making capitalization grants for the
Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act;
(2) $20,000,000 shall be for grants for small and disadvantaged communities authorized in section 2104 of the Water
Infrastructure Improvements for the Nation Act (Public Law
114–322);
(3) $20,000,000 shall be for grants for lead testing in school
and child care program drinking water authorized in section
2107 of the Water Infrastructure Improvements for the Nation
Act (Public Law 114–322);
(4) $10,000,000 shall be for grants for reducing lead in
drinking water authorized in section 2105 of the Water Infrastructure Improvements for the Nation Act (Public Law 114–
322).
(c) For an additional amount for ‘‘Environmental Protection
Agency—Water Infrastructure Finance and Innovation Program
Account’’, $53,000,000, to remain available until expended, for the
cost of direct loans, for the cost of guaranteed loans, and for administrative expenses to carry out the direct and guaranteed loan programs, of which $3,000,000, to remain available until September
30, 2019, may be used for such administrative expenses: Provided,
That these additional 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 $6,100,000,000.

H. R. 1625—348
POLICIES RELATING TO BIOMASS ENERGY

SEC. 431. 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; and
(D) recognize State initiatives to produce and use forest
biomass.
CLARIFICATION OF EXEMPTIONS

SEC. 432. None of the funds made available in 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)).
SMALL REMOTE INCINERATORS

SEC. 433. None of the funds made available in this Act may
be used to implement or enforce the regulation issued on March
21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with
respect to units in the State of Alaska that are defined as ‘‘small,
remote incinerator’’ units in those regulations and, until a subsequent regulation is issued, the Administrator shall implement the
law and regulations in effect prior to such date.
This division may be cited as the ‘‘Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2018’’.

H. R. 1625—349
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND
HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF LABOR
EMPLOYMENT

AND

TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as ‘‘WIOA’’), the Second Chance
Act of 2007, and the National Apprenticeship Act, $3,486,200,000,
plus reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,789,832,000 as follows:
(A) $845,556,000 for adult employment and training
activities, of which $133,556,000 shall be available for the
period July 1, 2018 through June 30, 2019, and of which
$712,000,000 shall be available for the period October 1,
2018 through June 30, 2019;
(B) $903,416,000 for youth activities, which shall be
available for the period April 1, 2018 through June 30,
2019; and
(C) $1,040,860,000 for dislocated worker employment
and training activities, of which $180,860,000 shall be
available for the period July 1, 2018 through June 30,
2019, and of which $860,000,000 shall be available for
the period October 1, 2018 through June 30, 2019:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall
not be subject to the requirements of section 127(b)(1)(B)(ii)
of such Act; and
(2) for national programs, $696,368,000 as follows:
(A) $220,859,000 for the dislocated workers assistance
national reserve, of which $20,859,000 shall be available
for the period July 1, 2018 through September 30, 2019,
and of which $200,000,000 shall be available for the period
October 1, 2018 through September 30, 2019: Provided,
That funds provided to carry out section 132(a)(2)(A) of
the WIOA may be used to provide assistance to a State
for statewide or local use in order to address cases where
there have been worker dislocations across multiple sectors
or across multiple local areas and such workers remain
dislocated; coordinate the State workforce development
plan with emerging economic development needs; and train
such eligible dislocated workers: Provided further, That
funds provided to carry out sections 168(b) and 169(c) of
the WIOA may be used for technical assistance and demonstration projects, respectively, that provide assistance
to new entrants in the workforce and incumbent workers:
Provided further, That notwithstanding section 168(b) of
the WIOA, of the funds provided under this subparagraph,
the Secretary of Labor (referred to in this title as ‘‘Secretary’’) may reserve not more than 10 percent of such

H. R. 1625—350
funds to provide technical assistance and carry out additional activities related to the transition to the WIOA:
Provided further, That of the funds provided under this
subparagraph, $30,000,000 shall be for training and
employment assistance under sections 168(b), 169(c) (notwithstanding the 10 percent limitation in such section)
and 170 of the WIOA for workers in the Appalachian
region, as defined by 40 U.S.C. 14102(a)(1) and workers
in the Lower Mississippi, as defined in section 4(2) of
the Delta Development Act (Public Law 100–460, 102 Stat.
2246; 7 U.S.C. 2009aa(2));
(B) $54,000,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2018 through June 30, 2019;
(C) $87,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$81,447,000 for formula grants (of which not less than
70 percent shall be for employment and training services),
$5,922,000 for migrant and seasonal housing (of which
not less than 70 percent shall be for permanent housing),
and $527,000 for other discretionary purposes, which shall
be available for the period July 1, 2018 through June
30, 2019: Provided, That notwithstanding any other provision of law or related regulation, the Department of Labor
shall take no action limiting the number or proportion
of eligible participants receiving related assistance services
or discouraging grantees from providing such services;
(D) $89,534,000 for YouthBuild activities as described
in section 171 of the WIOA, which shall be available for
the period April 1, 2018 through June 30, 2019;
(E) $93,079,000 for ex-offender activities, under the
authority of section 169 of the WIOA and section 212
of the Second Chance Act of 2007, which shall be available
for the period April 1, 2018 through June 30, 2019: Provided, That of this amount, $25,000,000 shall be for
competitive grants to national and regional intermediaries
for activities that prepare young ex-offenders and school
dropouts for employment, with a priority for projects
serving high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality Initiative, under the authority of section 169 of the WIOA, which
shall be available for the period July 1, 2018 through
June 30, 2019; and
(G) $145,000,000 to expand opportunities relating to
apprenticeship programs registered under the National
Apprenticeship Act, to be available to the Secretary to
carry out activities through grants, cooperative agreements,
contracts and other arrangements, with States and other
appropriate entities, which shall be available for the period
April 1, 2018 through June 30, 2019.
JOB CORPS
(INCLUDING TRANSFER OF FUNDS)

To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor

H. R. 1625—351
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training centers as authorized by the WIOA, $1,718,655,000, plus reimbursements, as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall
be available for the period July 1, 2018 through June 30,
2019;
(2) $83,000,000 for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available for the
period July 1, 2018 through June 30, 2021, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, That the Secretary may transfer up
to 15 percent of such funds to meet the operational needs
of such centers or to achieve administrative efficiencies: Provided further, That any funds transferred pursuant to the preceding provision shall not be available for obligation after June
30, 2019: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2017
through September 30, 2018:
Provided, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ‘‘OAA’’), $400,000,000, which shall be available
for the period April 1, 2018 through June 30, 2019, and may
be recaptured and reobligated in accordance with section 517(c)
of the OAA.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during fiscal year 2018 of trade adjustment benefit payments and allowances under part I of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and section 246
of that Act; and for training, employment and case management
services, allowances for job search and relocation, and related State
administrative expenses under part II of subchapter B of chapter
2 of title II of the Trade Act of 1974, and including benefit payments,
allowances, training, employment and case management services,
and related State administration provided pursuant to section
231(a) of the Trade Adjustment Assistance Extension Act of 2011
and section 405(a) of the Trade Preferences Extension Act of 2015,
$790,000,000 together with such amounts as may be necessary
to be charged to the subsequent appropriation for payments for
any period subsequent to September 15, 2018: Provided, That notwithstanding section 502 of this Act, any part of the appropriation
provided under this heading may remain available for obligation
beyond the current fiscal year pursuant to the authorities of section
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).

H. R. 1625—352
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS

For authorized administrative expenses, $84,066,000, together
with not to exceed $3,380,625,000 which may be expended from
the Employment Security Administration Account in the Unemployment Trust Fund (‘‘the Trust Fund’’), of which:
(1) $2,639,600,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $120,000,000 to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews, and to provide reemployment services and referrals to training as appropriate, for claimants of unemployment insurance for ex-service members under
5 U.S.C. 8521 et. seq. and for claimants of regular unemployment compensation, including those who are profiled as most
likely to exhaust their benefits in each State: Provided, That
such activities shall not be subject to section 306 of the Social
Security Act; and $9,000,000 for continued support of the
Unemployment Insurance Integrity Center of Excellence), the
administration of unemployment insurance for Federal
employees and for ex-service members as authorized under
5 U.S.C. 8501–8523, and the administration of trade readjustment allowances, reemployment trade adjustment assistance,
and alternative trade adjustment assistance under the Trade
Act of 1974 and under section 231(a) of the Trade Adjustment
Assistance Extension Act of 2011 and section 405(a) of the
Trade Preferences Extension Act of 2015, and shall be available
for obligation by the States through December 31, 2018, except
that funds used for automation shall be available for Federal
obligation through December 31, 2018, and for State obligation
through September 30, 2020, or, if the automation is being
carried out through consortia of States, for State obligation
through September 30, 2023, and for expenditure through September 30, 2024, and funds for competitive grants awarded
to States for improved operations and to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews and provide reemployment services and referrals to training, as appropriate, shall
be available for Federal obligation through December 31, 2018,
and for obligation by the States through September 30, 2020,
and funds for the Unemployment Insurance Integrity Center
of Excellence shall be available for obligation by the State
through September 30, 2019, and funds used for unemployment
insurance workloads experienced through September 30, 2018
shall be available for Federal obligation through December
31, 2018;
(2) $13,897,000 from the Trust Fund is for national activities necessary to support the administration of the FederalState unemployment insurance system;
(3) $645,000,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the WagnerPeyser Act, and shall be available for Federal obligation for
the period July 1, 2018 through June 30, 2019;

H. R. 1625—353
(4) $19,818,000 from the Trust Fund is for national activities of the Employment Service, including administration of
the work opportunity tax credit under section 51 of the Internal
Revenue Code of 1986, and the provision of technical assistance
and staff training under the Wagner-Peyser Act;
(5) $62,310,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under
the Immigration and Nationality Act and related laws, of which
$48,028,000 shall be available for the Federal administration
of such activities, and $14,282,000 shall be available for grants
to States for the administration of such activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2018
through June 30, 2019:
Provided, That to the extent that the Average Weekly Insured
Unemployment (‘‘AWIU’’) for fiscal year 2018 is projected by the
Department of Labor to exceed 2,246,000, an additional $28,600,000
from the Trust Fund shall be available for obligation for every
100,000 increase in the AWIU level (including a pro rata amount
for any increment less than 100,000) to carry out title III of the
Social Security Act: Provided further, That funds appropriated in
this Act that are allotted to a State to carry out activities under
title III of the Social Security Act may be used by such State
to assist other States in carrying out activities under such title
III if the other States include areas that have suffered a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided further,
That the Secretary may use funds appropriated for grants to States
under title III of the Social Security Act to make payments on
behalf of States for the use of the National Directory of New
Hires under section 453(j)(8) of such Act: Provided further, That
the Secretary may use funds appropriated for grants to States
under title III of the Social Security Act to make payments on
behalf of States to the entity operating the State Information Data
Exchange System: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop career
center system, or which are used to support the national activities
of the Federal-State unemployment insurance, employment service,
or immigration programs, may be obligated in contracts, grants,
or agreements with States and non-State entities: Provided further,
That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and nonState entities under such grants, subject to the conditions applicable
to the grants: Provided further, That funds appropriated under
this Act for activities authorized under title III of the Social Security
Act and the Wagner-Peyser Act may be used by States to fund
integrated Unemployment Insurance and Employment Service automation efforts, notwithstanding cost allocation principles prescribed
under the final rule entitled ‘‘Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards’’ at part 200 of title 2, Code of Federal Regulations: Provided
further, That the Secretary, at the request of a State participating
in a consortium with other States, may reallot funds allotted to

H. R. 1625—354
such State under title III of the Social Security Act to other States
participating in the consortium in order to carry out activities
that benefit the administration of the unemployment compensation
law of the State making the request: Provided further, That the
Secretary may collect fees for the costs associated with additional
data collection, analyses, and reporting services relating to the
National Agricultural Workers Survey requested by State and local
governments, public and private institutions of higher education,
and nonprofit organizations and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, for the National Agricultural Workers Survey infrastructure, methodology, and data to meet
the information collection and reporting needs of such entities,
which shall be credited to this appropriation and shall remain
available until September 30, 2019, for such purposes.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act,
and to the Black Lung Disability Trust Fund as authorized by
section 9501(c)(1) of the Internal Revenue Code of 1986; and for
nonrepayable advances to the revolving fund established by section
901(e) of the Social Security Act, to the Unemployment Trust Fund
as authorized by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment
Benefits and Allowances’’ account, such sums as may be necessary,
which shall be available for obligation through September 30, 2019.
PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $108,674,000, together with not to exceed $49,982,000 which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund.
EMPLOYEE BENEFITS SECURITY ADMINISTRATION
SALARIES AND EXPENSES

For necessary expenses for the Employee Benefits Security
Administration, $181,000,000, of which up to $3,000,000 shall be
made available through September 30, 2019, for the procurement
of expert witnesses for enforcement litigation.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation (‘‘Corporation’’) is
authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement
Income Security Act of 1974, within limits of funds and borrowing
authority available to the Corporation, and in accord with law,
and to make such contracts and commitments without regard to
fiscal year limitations, as provided by 31 U.S.C. 9104, as may
be necessary in carrying out the program, including associated
administrative expenses, through September 30, 2018, for the Corporation: Provided, That none of the funds available to the Corporation for fiscal year 2018 shall be available for obligations for

H. R. 1625—355
administrative expenses in excess of $424,417,000: Provided further,
That to the extent that the number of new plan participants in
plans terminated by the Corporation exceeds 100,000 in fiscal year
2018, an amount not to exceed an additional $9,200,000 shall be
available through September 30, 2019, for obligation for administrative expenses for every 20,000 additional terminated participants:
Provided further, That obligations in excess of the amounts provided
in this paragraph may be incurred for unforeseen and extraordinary
pretermination expenses or extraordinary multiemployer program
related expenses after approval by the Office of Management and
Budget and notification of the Committees on Appropriations of
the House of Representatives and the Senate.
WAGE

AND

HOUR DIVISION

SALARIES AND EXPENSES

For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies and
their employees for inspection services rendered, $227,500,000.
OFFICE

OF

LABOR-MANAGEMENT STANDARDS

SALARIES AND EXPENSES

For necessary expenses for the Office of Labor-Management
Standards, $40,187,000.
OFFICE

OF

FEDERAL CONTRACT COMPLIANCE PROGRAMS
SALARIES AND EXPENSES

For necessary expenses for the Office of Federal Contract
Compliance Programs, $103,476,000.
OFFICE

OF

WORKERS’ COMPENSATION PROGRAMS
SALARIES AND EXPENSES

For necessary expenses for the Office of Workers’ Compensation
Programs, $115,424,000, together with $2,177,000 which may be
expended from the Special Fund in accordance with sections 39(c),
44(d), and 44(j) of the Longshore and Harbor Workers’ Compensation Act.
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by 5 U.S.C. 81; continuation of
benefits as provided for under the heading ‘‘Civilian War Benefits’’
in the Federal Security Agency Appropriation Act, 1947; the
Employees’ Compensation Commission Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C. App. 2012); obligations
incurred under the War Hazards Compensation Act (42 U.S.C.
1701 et seq.); and 50 percent of the additional compensation and

H. R. 1625—356
benefits required by section 10(h) of the Longshore and Harbor
Workers’ Compensation Act, $220,000,000, together with such
amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the current
year, for deposit into and to assume the attributes of the Employees’
Compensation Fund established under 5 U.S.C. 8147(a): Provided,
That amounts appropriated may be used under 5 U.S.C. 8104
by the Secretary to reimburse an employer, who is not the employer
at the time of injury, for portions of the salary of a re-employed,
disabled beneficiary: Provided further, That balances of reimbursements unobligated on September 30, 2017, shall remain available
until expended for the payment of compensation, benefits, and
expenses: Provided further, That in addition there shall be transferred to this appropriation from the Postal Service and from any
other corporation or instrumentality required under 5 U.S.C. 8147(c)
to pay an amount for its fair share of the cost of administration,
such sums as the Secretary determines to be the cost of administration for employees of such fair share entities through September
30, 2018: Provided further, That of those funds transferred to this
account from the fair share entities to pay the cost of administration
of the Federal Employees’ Compensation Act, $71,188,000 shall
be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$24,540,000;
(2) For automated workload processing operations,
including document imaging, centralized mail intake, and medical bill processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $21,946,000;
(4) For program integrity, $1,734,000; and
(5) The remaining funds shall be paid into the Treasury
as miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C.
81, or the Longshore and Harbor Workers’ Compensation Act, provide as part of such notice and claim, such identifying information
(including Social Security account number) as such regulations
may prescribe.
SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health
Act of 1977, as amended by Public Law 107–275, $54,319,000,
to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter
of fiscal year 2019, $15,000,000, to remain available until expended.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION FUND

For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $59,846,000, to
remain available until expended: Provided, That the Secretary may

H. R. 1625—357
require that any person filing a claim for benefits under the Act
provide as part of such claim such identifying information (including
Social Security account number) as may be prescribed.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)

Such sums as may be necessary from the Black Lung Disability
Trust Fund (the ‘‘Fund’’), to remain available until expended, for
payment of all benefits authorized by section 9501(d)(1), (2), (6),
and (7) of the Internal Revenue Code of 1986; and repayment
of, and payment of interest on advances, as authorized by section
9501(d)(4) of that Act. In addition, the following amounts may
be expended from the Fund for fiscal year 2018 for expenses of
operation and administration of the Black Lung Benefits program,
as authorized by section 9501(d)(5): not to exceed $38,246,000 for
transfer to the Office of Workers’ Compensation Programs, ‘‘Salaries
and Expenses’’; not to exceed $31,994,000 for transfer to Departmental Management, ‘‘Salaries and Expenses’’; not to exceed
$330,000 for transfer to Departmental Management, ‘‘Office of
Inspector General’’; and not to exceed $356,000 for payments into
miscellaneous receipts for the expenses of the Department of the
Treasury.
OCCUPATIONAL SAFETY

AND

HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health
Administration, $552,787,000, including not to exceed $100,850,000
which shall be the maximum amount available for grants to States
under section 23(g) of the Occupational Safety and Health Act
(the ‘‘Act’’), which grants shall be no less than 50 percent of the
costs of State occupational safety and health programs required
to be incurred under plans approved by the Secretary under section
18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302,
the Occupational Safety and Health Administration may retain
up to $499,000 per fiscal year of training institute course tuition
and fees, otherwise authorized by law to be collected, and may
utilize such sums for occupational safety and health training and
education: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the fiscal year ending September 30,
2018, to collect and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that
ensure the safety of equipment and products used by workers
in the workplace: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to
prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person
who is engaged in a farming operation which does not maintain
a temporary labor camp and employs 10 or fewer employees: Provided further, That no funds appropriated under this paragraph
shall be obligated or expended to administer or enforce any
standard, rule, regulation, or order under the Act with respect
to any employer of 10 or fewer employees who is included within

H. R. 1625—358
a category having a Days Away, Restricted, or Transferred (‘‘DART’’)
occupational injury and illness rate, at the most precise industrial
classification code for which such data are published, less than
the national average rate as such rates are most recently published
by the Secretary, acting through the Bureau of Labor Statistics,
in accordance with section 24 of the Act, except—
(1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement
period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That $10,537,000 shall be available
for Susan Harwood training grants, of which the Secretary shall
reserve not less than $4,500,000 for Susan Harwood Training
Capacity Building Developmental grants, as described in Funding
Opportunity Number SHTG–GY–16–02 (referenced in the notice
of availability of funds published in the Federal Register on May
3, 2016 (81 Fed. Reg. 30568)) for program activities starting not
later than September 30, 2018 and lasting for a period of 12
months: Provided further, That not less than $3,500,000 shall be
for Voluntary Protection Programs.
MINE SAFETY

AND

HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Mine Safety and Health
Administration, $373,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and firstaid work, and the hire of passenger motor vehicles, including up
to $2,000,000 for mine rescue and recovery activities and not less
than $10,537,000 for State assistance grants: Provided, That
amounts available for State assistance grants may be used for
the purchase and maintenance of new equipment required by the
final rule entitled ‘‘Lowering Miners’ Exposure to Respirable Coal
Mine Dust, Including Continuous Personal Dust Monitors’’ published by the Department of Labor in the Federal Register on
May 1, 2014 (79 Fed. Reg. 24813 et seq.), for operators that demonstrate financial need as determined by the Secretary: Provided

H. R. 1625—359
further, That notwithstanding 31 U.S.C. 3302, not to exceed
$750,000 may be collected by the National Mine Health and Safety
Academy for room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available for
mine safety and health education and training activities: Provided
further, That notwithstanding 31 U.S.C. 3302, the Mine Safety
and Health Administration is authorized to collect and retain up
to $2,499,000 from fees collected for the approval and certification
of equipment, materials, and explosives for use in mines, and may
utilize such sums for such activities: Provided further, That the
Secretary is authorized to accept lands, buildings, equipment, and
other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or private: Provided further, That the Mine Safety and Health Administration is authorized to promote health and safety education and
training in the mining community through cooperative programs
with States, industry, and safety associations: Provided further,
That the Secretary is authorized to recognize the Joseph A. Holmes
Safety Association as a principal safety association and, notwithstanding any other provision of law, may provide funds and, with
or without reimbursement, personnel, including service of Mine
Safety and Health Administration officials as officers in local chapters or in the national organization: Provided further, That any
funds available to the Department of Labor may be used, with
the approval of the Secretary, to provide for the costs of mine
rescue and survival operations in the event of a major disaster.
BUREAU

OF

LABOR STATISTICS

SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $547,000,000,
together with not to exceed $65,000,000 which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund.
OFFICE

OF

DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and
award grants furthering the objective of eliminating barriers to
the training and employment of people with disabilities,
$38,203,000.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles, $337,536,000,
together with not to exceed $308,000, which may be expended
from the Employment Security Administration account in the

H. R. 1625—360
Unemployment Trust Fund: Provided, That $59,825,000 for the
Bureau of International Labor Affairs shall be available for obligation through December 31, 2018: Provided further, That funds available to the Bureau of International Labor Affairs may be used
to administer or operate international labor activities, bilateral
and multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other arrangements:
Provided further, That not more than $53,825,000 shall be for
programs to combat exploitative child labor internationally and
not less than $6,000,000 shall be used to implement model programs
that address worker rights issues through technical assistance in
countries with which the United States has free trade agreements
or trade preference programs: Provided further, That $8,040,000
shall be used for program evaluation and shall be available for
obligation through September 30, 2019: Provided further, That
funds available for program evaluation may be used to administer
grants for the purpose of evaluation: Provided further, That grants
made for the purpose of evaluation shall be awarded through fair
and open competition: Provided further, That funds available for
program evaluation may be transferred to any other appropriate
account in the Department for such purpose: Provided further,
That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance
of any transfer: Provided further, That the funds available to the
Women’s Bureau may be used for grants to serve and promote
the interests of women in the workforce: Provided further, That
of the amounts made available to the Women’s Bureau, $994,000
shall be used for grants authorized by the Women in Apprenticeship
and Nontraditional Occupations Act.
VETERANS EMPLOYMENT AND TRAINING

Not to exceed $245,041,000 may be derived from the Employment Security Administration account in the Unemployment Trust
Fund to carry out the provisions of chapters 41, 42, and 43 of
title 38, United States Code, of which:
(1) $180,000,000 is for Jobs for Veterans State grants under
38 U.S.C. 4102A(b)(5) to support disabled veterans’ outreach
program specialists under section 4103A of such title and local
veterans’ employment representatives under section 4104(b)
of such title, and for the expenses described in section
4102A(b)(5)(C), which shall be available for obligation by the
States through December 31, 2018, and not to exceed 3 percent
for the necessary Federal expenditures for data systems and
contract support to allow for the tracking of participant and
performance information: Provided, That, in addition, such
funds may be used to support such specialists and representatives in the provision of services to transitioning members
of the Armed Forces who have participated in the Transition
Assistance Program and have been identified as in need of
intensive services, to members of the Armed Forces who are
wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or
injured members;
(2) $19,500,000 is for carrying out the Transition Assistance
Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;

H. R. 1625—361
(3) $42,127,000 is for Federal administration of chapters
41, 42, and 43 of title 38, United States Code; and
(4) $3,414,000 is for the National Veterans’ Employment
and Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations provided under paragraphs (1) through (4) above an amount
not to exceed 3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury,
$50,000,000 is for carrying out programs to assist homeless veterans
and veterans at risk of homelessness who are transitioning from
certain institutions under sections 2021, 2021A, and 2023 of title
38, United States Code: Provided, That notwithstanding subsections
(c)(3) and (d) of section 2023, the Secretary may award grants
through September 30, 2018, to provide services under such section:
Provided further, That services provided under section 2023 may
include, in addition to services to the individuals described in subsection (e) of such section, services to veterans recently released
from incarceration who are at risk of homelessness.
In addition, fees may be assessed and deposited in the HIRE
Vets Medallion Award Fund pursuant to section 5(b) of the HIRE
Vets Act, as amended herein, and such amounts shall be available
to the Secretary to carry out the HIRE Vets Medallion Award
Program, as authorized by such Act, and shall remain available
until expended: Provided, That such sums shall be in addition
to any other funds available for such purposes, including funds
available under paragraph (3) of this heading: Provided further,
That section 2(d) of division O of the Consolidated Appropriations
Act, 2017 (Public Law 115–31; 38 U.S.C. 4100 note) shall not
apply.
IT MODERNIZATION

For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $20,769,000, which shall be available
through September 30, 2019.
OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $83,487,000, together with not to exceed $5,660,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated by this Act for the
Job Corps shall be used to pay the salary and bonuses of an
individual, either as direct costs or any proration as an indirect
cost, at a rate in excess of Executive Level II.
(TRANSFER OF FUNDS)

SEC. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year

H. R. 1625—362
for the Department of Labor in this Act may be transferred between
a program, project, or activity, but no such program, project, or
activity shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund
any project or activity for which no funds are provided in this
Act: Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least
15 days in advance of any transfer.
SEC. 103. In accordance with Executive Order 13126, none
of the funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child labor
in industries and host countries already identified by the United
States Department of Labor prior to enactment of this Act.
SEC. 104. Except as otherwise provided in this section, none
of the funds made available to the Department of Labor for grants
under section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916a) may be
used for any purpose other than competitive grants for training
individuals who are older than 16 years of age and are not currently
enrolled in school within a local educational agency in the occupations and industries for which employers are using H–1B visas
to hire foreign workers, and the related activities necessary to
support such training.
SEC. 105. None of the funds made available by this Act under
the heading ‘‘Employment and Training Administration’’ shall be
used by a recipient or subrecipient of such funds to pay the salary
and bonuses of an individual, either as direct costs or indirect
costs, at a rate in excess of Executive Level II. This limitation
shall not apply to vendors providing goods and services as defined
in Office of Management and Budget Circular A–133. Where States
are recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and bonuses
from subrecipients of such funds, taking into account factors
including the relative cost-of-living in the State, the compensation
levels for comparable State or local government employees, and
the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs.
(TRANSFER OF FUNDS)

SEC. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside,
for technical assistance services to grantees to ‘‘Program Administration’’ when it is determined that those services will be more
efficiently performed by Federal employees: Provided, That this
section shall not apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation made
available to the Employment and Training Administration by this
Act to ‘‘Program Administration’’ in order to carry out program
integrity activities relating to any of the programs or activities

H. R. 1625—363
that are funded under any such discretionary appropriations: Provided, That notwithstanding section 102 and the preceding proviso,
the Secretary may transfer not more than 0.5 percent of funds
made available in paragraphs (1) and (2) of the ‘‘Office of Job
Corps’’ account to paragraph (3) of such account to carry out program integrity activities related to the Job Corps program: Provided
further, That funds transferred under the authority provided by
this subsection shall be available for obligation through September
30, 2019.
(TRANSFER OF FUNDS)

SEC. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any
of the programs or activities that are funded under such accounts.
Any funds reserved under this section shall be transferred to
‘‘Departmental Management’’ for use by the Office of the Chief
Evaluation Officer within the Department of Labor, and shall be
available for obligation through September 30, 2019: Provided, That
such funds shall only be available if the Chief Evaluation Officer
of the Department of Labor submits a plan to the Committees
on Appropriations of the House of Representatives and the Senate
describing the evaluations to be carried out 15 days in advance
of any transfer.
(b) The accounts referred to in subsection (a) are: ‘‘Training
and Employment Services’’, ‘‘Job Corps’’, ‘‘Community Service
Employment for Older Americans’’, ‘‘State Unemployment Insurance
and Employment Service Operations’’, ‘‘Employee Benefits Security
Administration’’, ‘‘Office of Workers’ Compensation Programs’’,
‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract Compliance
Programs’’, ‘‘Office of Labor Management Standards’’, ‘‘Occupational
Safety and Health Administration’’, ‘‘Mine Safety and Health
Administration’’, ‘‘Office of Disability Employment Policy’’, funding
made available to the ‘‘Bureau of International Labor Affairs’’ and
‘‘Women’s Bureau’’ within the ‘‘Departmental Management, Salaries
and Expenses’’ account, and ‘‘Veterans Employment and Training’’.
SEC. 108. Notwithstanding any other provision of law, beginning October 1, 2017, the Secretary of Labor, in consultation with
the Secretary of Agriculture may select an entity to operate a
Civilian Conservation Center on a competitive basis in accordance
with section 147 of the WIOA, if the Secretary of Labor determines
such Center has had consistently low performance under the
performance accountability system in effect for the Job Corps program prior to July 1, 2016, or with respect to expected levels
of performance established under section 159(c) of such Act beginning July 1, 2016.
SEC. 109. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following text
is part of such section:
‘‘(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to any
employee—
‘‘(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or

H. R. 1625—364
marketing property, casualty, or liability insurance policies or
contracts;
‘‘(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever
is greater, for the number of weeks such employee is engaged
in any of the activities described in subparagraph (C); and
‘‘(C) whose duties include any of the following:
‘‘(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from
or relating to a disaster, witnesses, or physicians;
‘‘(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
‘‘(iii) evaluating and making recommendations
regarding coverage or compensability of claims or determining liability or value aspects of claims;
‘‘(iv) negotiating settlements; or
‘‘(v) making recommendations regarding litigation.
‘‘(2) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1).
‘‘(3) For purposes of this subsection—
‘‘(A) the term ‘major disaster’ means any disaster or catastrophe declared or designated by any State or Federal agency
or department;
‘‘(B) the term ‘employee employed to adjust or evaluate
claims resulting from or relating to such major disaster’ means
an individual who timely secured or secures a license required
by applicable law to engage in and perform the activities
described in clauses (i) through (v) of paragraph (1)(C) relating
to a major disaster, and is employed by an employer that
maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll
taxes from the wages, salaries and any benefits of such
employees; and
‘‘(C) the term ‘affiliate’ means a company that, by reason
of ownership or control of 25 percent or more of the outstanding
shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under
common control with, another company.’’.
(b) This section shall be effective on the date of enactment
of this Act.
(RESCISSION)

SEC. 110. Of the funds made available under the heading
‘‘Employment and Training Administration–Training and Employment Services’’ in division H of Public Law 115–31, $12,500,000
is rescinded, to be derived from the amount made available in
paragraph (2)(A) under such heading for the period October 1,
2017, through September 30, 2018.
SEC. 111. (a) FLEXIBILITY WITH RESPECT TO THE CROSSING
OF H–2B NONIMMIGRANTS WORKING IN THE SEAFOOD INDUSTRY.—
(1) IN GENERAL.—Subject to paragraph (2), if a petition
for H–2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time

H. R. 1625—365
during the 120-day period beginning on the start date for
which the employer is seeking the services of the nonimmigrants without filing another petition.
(2) REQUIREMENTS FOR CROSSINGS AFTER 90TH DAY.—An
employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90
days after the start date for which the employer is seeking
the services of the nonimmigrants unless the employer—
(A) completes a new assessment of the local labor
market by—
(i) listing job orders in local newspapers on 2 separate Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at
the employer’s place of employment; and
(B) offers the job to an equally or better qualified
United States worker who—
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) EXEMPTION FROM RULES WITH RESPECT TO STAGGERING.—The Secretary of Labor shall not consider an employer
in the seafood industry who brings H–2B nonimmigrants into
the United States during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of
section 655.20(d) of title 20, Code of Federal Regulations, or
any other applicable provision of law.
(b) H–2B NONIMMIGRANTS DEFINED.—In this section, the term
‘‘H–2B nonimmigrants’’ means aliens admitted to the United States
pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)).
SEC. 112. The determination of prevailing wage for the purposes
of the H–2B program shall be the greater of—(1) the actual wage
level paid by the employer to other employees with similar experience and qualifications for such position in the same location;
or (2) the prevailing wage level for the occupational classification
of the position in the geographic area in which the H–2B nonimmigrant will be employed, based on the best information available
at the time of filing the petition. In the determination of prevailing
wage for the purposes of the H–2B program, the Secretary shall
accept private wage surveys even in instances where Occupational
Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided
survey are not statistically supported.
SEC. 113. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in 20
CFR 655.5 or the three-fourths guarantee rule definition found
in 20 CFR 655.20, or any references thereto. Further, for the
purpose of regulating admission of temporary workers under the
H–2B program, the definition of temporary need shall be that
provided in 8 CFR 214.2(h)(6)(ii)(B).
SEC. 114. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements, contracts, and other arrangements, up to $2,000,000 of excess personal
property to apprenticeship programs for the purpose of training
apprentices in those programs.
SEC. 115. The proviso at the end of paragraph (1) under the
heading ‘‘Department of Labor—Employment and Training

H. R. 1625—366
Administration—State Unemployment Insurance and Employment
Service Operations’’ in title I of division G of Public Law 113–
235 shall be applied in fiscal year 2018 by substituting ‘‘seven’’
for ‘‘six’’.
SEC. 116. Section 5(b) of the HIRE Vets Act (division O of
Public Law 115–31) is amended to read as follows:
‘‘(b) To the extent provided in advance in appropriations Acts,
the Secretary may assess a reasonable fee on employers that apply
for receipt of a HIRE Vets Medallion Award and the Secretary
shall deposit such fees into the HIRE Vets Medallion Award Fund.
The Secretary shall establish the amount of the fee such that
the amounts collected as fees and deposited into the Fund are
sufficient to cover the costs associated with carrying out this division.’’.
SEC. 117. (a) The Act entitled ‘‘An Act to create a Department
of Labor’’, approved March 4, 1913 (37 Stat. 736, chapter 141)
shall be applied as if the following text is part of such Act:
‘‘SEC. 12. SECURITY DETAIL.

‘‘(a) IN GENERAL.—The Secretary of Labor is authorized to
employ law enforcement officers or special agents to—
‘‘(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that
is preliminary or postliminary to the performance of official
duties by the Secretary;
‘‘(2) provide protection, incidental to the protection provided
to the Secretary, to a member of the immediate family of
the Secretary who is participating in an activity or event
relating to the official duties of the Secretary;
‘‘(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and
to the members of the immediate family of the Secretary if
there is a unique and articulable threat of physical harm,
in accordance with guidelines established by the Secretary;
and
‘‘(4) provide protection to the Deputy Secretary of Labor
or another senior officer representing the Secretary of Labor
at a public event if there is a unique and articulable threat
of physical harm, in accordance with guidelines established
by the Secretary.
‘‘(b) AUTHORITIES.—The Secretary of Labor may authorize a
law enforcement officer or special agent employed under subsection
(a), for the purpose of performing the duties authorized under
subsection (a), to—
‘‘(1) carry firearms;
‘‘(2) make arrests without a warrant for any offense against
the United States committed in the presence of such officer
or special agent;
‘‘(3) perform protective intelligence work, including identifying and mitigating potential threats and conducting advance
work to review security matters relating to sites and events;
‘‘(4) coordinate with local law enforcement agencies; and
‘‘(5) initiate criminal and other investigations into potential
threats to the security of the Secretary, in coordination with
the Inspector General of the Department of Labor.

H. R. 1625—367
‘‘(c) COMPLIANCE WITH GUIDELINES.—A law enforcement officer
or special agent employed under subsection (a) shall exercise any
authority provided under this section in accordance with any—
‘‘(1) guidelines issued by the Attorney General; and
‘‘(2) guidelines prescribed by the Secretary of Labor.’’.
(b) This section shall be effective on the date of enactment
of this Act.
SEC. 118. The Secretary is authorized to dispose of or divest,
by any means the Secretary determines appropriate, including an
agreement or partnership to construct a new Job Corps center,
all or a portion of the real property on which the Treasure Island
Job Corps Center is situated. Any sale or other disposition will
not be subject to any requirement of any Federal law or regulation
relating to the disposition of Federal real property, including but
not limited to Subchapter III of Chapter 5 of Title 40 of the United
States Code and Subchapter V of Chapter 119 of Title 42 of the
United States Code. The net proceeds of such a sale shall be
transferred to the Secretary, which shall be available until expended
to carry out the Job Corps Program.
This title may be cited as the ‘‘Department of Labor Appropriations Act, 2018’’.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH RESOURCES

AND

SERVICES ADMINISTRATION

PRIMARY HEALTH CARE

For carrying out titles II and III of the Public Health Service
Act (referred to in this Act as the ‘‘PHS Act’’) with respect to
primary health care and the Native Hawaiian Health Care Act
of 1988, $1,626,522,000: Provided, That no more than $1,000,000
shall be available until expended for carrying out the provisions
of section 224(o) of the PHS Act: Provided further, That no more
than $114,893,000 shall be available until expended for carrying
out subsections (g) through (n) and (q) of section 224 of the PHS
Act, and for expenses incurred by the Department of Health and
Human Services (referred to in this Act as ‘‘HHS’’) pertaining
to administrative claims made under such law: Provided further,
That the ninth provisos under the heading ‘‘Department of Health
and Human Services—Health Resources and Services Administration—Health Resources and Services’’ in Public Laws 104–208 and
105–78 are amended by striking ‘‘$80,000,000’’ and inserting
‘‘$152,700,000’’ in each such ninth proviso and by adding at the
end of each such ninth proviso the following new proviso: ‘‘Provided
further, 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 of funds provided for the
Health Centers program, as defined by section 330 of the PHS
Act, by this Act or any other Act for fiscal year 2018, not less
than $200,000,000 shall be obligated in fiscal year 2018 for
improving quality of care or expanded service grants under section
330 of the PHS Act to support and enhance behavioral health,
mental health, or substance use disorder services.
Of the funds made available under this heading, $20,000,000
shall remain available until expended for the cost of guaranteed

H. R. 1625—368
loans, as authorized under part A of title XVI of the PHS Act,
for non-Federal lenders for the construction, renovation, and modernization of medical facilities that are operated by health centers:
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 such funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $743,494,000.
HEALTH WORKFORCE

For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the
Social Security Act, and the Health Care Quality Improvement
Act of 1986, $1,060,695,000, of which $111,916,000 shall remain
available through September 30, 2019 to carry out sections 755
and 756 of the PHS Act: Provided, That sections 747(c)(2), 751(j)(2),
762(k), and the proportional funding amounts in paragraphs (1)
through (4) of section 756(f) of the PHS Act shall not apply to
funds made available under this heading: Provided further, That
for any program operating under section 751 of the PHS Act on
or before January 1, 2009, the Secretary of Health and Human
Services (referred to in this title as the ‘‘Secretary’’) may hereafter
waive any of the requirements contained in sections 751(d)(2)(A)
and 751(d)(2)(B) of such Act for the full project period of a grant
under such section: Provided further, That no funds shall be available for section 340G–1 of the PHS Act: Provided further, That
fees collected for the disclosure of information under section 427(b)
of the Health Care Quality Improvement Act of 1986 and sections
1128E(d)(2) and 1921 of the Social Security Act shall be sufficient
to recover the full costs of operating the programs authorized by
such sections and shall remain available until expended for the
National Practitioner Data Bank: Provided further, That funds
transferred to this account to carry out section 846 and subpart
3 of part D of title III of the PHS Act may be used to make
prior year adjustments to awards made under such sections: Provided further, That $105,000,000 shall remain available until
expended, for the purposes of providing primary health services,
be used to assign National Health Service Corps (‘‘NHSC’’) members
to expand the delivery of substance use disorder treatment services,
notwithstanding the assignment priorities and limitations in or
under sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS
Act, and to make NHSC Loan Repayment Program awards under
section 338B of such Act: Provided further, That for purposes of
the previous proviso, section 331(a)(3)(D) of the PHS Act shall
be applied as if the term ‘‘primary health services’’ includes clinical
substance use disorder treatment services, including those provided
by masters level, licensed substance use disorder treatment counselors.
MATERNAL AND CHILD HEALTH

For carrying out titles III, XI, XII, and XIX of the PHS Act
with respect to maternal and child health, title V of the Social
Security Act, and section 712 of the American Jobs Creation Act
of 2004, $886,789,000, of which $10,000,000 shall remain available
through September 30, 2022 to carry out section 330M of the
PHS Act: Provided, That notwithstanding sections 502(a)(1) and

H. R. 1625—369
502(b)(1) of the Social Security Act, not more than $83,593,000
shall be available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such Act and
$10,276,000 shall be available for projects described in subparagraphs (A) through (F) of section 501(a)(3) of such Act.
RYAN WHITE HIV/AIDS PROGRAM

For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,318,781,000, of which
$1,970,881,000 shall remain available to the Secretary through
September 30, 2020, for parts A and B of title XXVI of the PHS
Act, and of which not less than $900,313,000 shall be for State
AIDS Drug Assistance Programs under the authority of section
2616 or 311(c) of such Act.
HEALTH CARE SYSTEMS

For carrying out titles III and XII of the PHS Act with respect
to health care systems, and the Stem Cell Therapeutic and Research
Act of 2005, $111,693,000, of which $122,000 shall be available
until expended for facilities renovations at the Gillis W. Long
Hansen’s Disease Center.
RURAL HEALTH

For carrying out titles III and IV of the PHS Act with respect
to rural health, section 427(a) of the Federal Coal Mine Health
and Safety Act of 1969, and sections 711 and 1820 of the Social
Security Act, $290,794,000, of which $49,609,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act,
shall be available for carrying out the Medicare rural hospital
flexibility grants program: Provided, That of the funds made available under this heading for Medicare rural hospital flexibility
grants, $15,942,000 shall be available for the Small Rural Hospital
Improvement Grant Program for quality improvement and adoption
of health information technology and up to $1,000,000 shall be
to carry out section 1820(g)(6) of the Social Security Act, with
funds provided for grants under section 1820(g)(6) available for
the purchase and implementation of telehealth services, including
pilots and demonstrations on the use of electronic health records
to coordinate rural veterans care between rural providers and the
Department of Veterans Affairs electronic health record system:
Provided further, That notwithstanding section 338J(k) of the PHS
Act, $10,000,000 shall be available for State Offices of Rural Health:
Provided further, That $15,000,000 shall remain available through
September 30, 2020 to support the Rural Residency Development
Program: Provided further, That $100,000,000 shall remain available through September 30, 2022, for the Rural Communities
Opioids Response Program.
FAMILY PLANNING

For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such title
shall not be expended for abortions, that all pregnancy counseling
shall be nondirective, and that such amounts shall not be expended

H. R. 1625—370
for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office.
PROGRAM MANAGEMENT

For program support in the Health Resources and Services
Administration, $155,000,000: Provided, That funds made available
under this heading may be used to supplement program support
funding provided under the headings ‘‘Primary Health Care’’,
‘‘Health Workforce’’, ‘‘Maternal and Child Health’’, ‘‘Ryan White
HIV/AIDS Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program
Trust Fund (the ‘‘Trust Fund’’), such sums as may be necessary
for claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30, 1988, pursuant
to subtitle 2 of title XXI of the PHS Act, to remain available
until expended: Provided, That for necessary administrative
expenses, not to exceed $9,200,000 shall be available from the
Trust Fund to the Secretary.
CENTERS

FOR

DISEASE CONTROL

AND

PREVENTION

IMMUNIZATION AND RESPIRATORY DISEASES

For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to immunization and respiratory diseases,
$474,055,000.
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES, AND
TUBERCULOSIS PREVENTION

For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,127,278,000.
EMERGING AND ZOONOTIC INFECTIOUS DISEASES

For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and Nationality
Act, and section 501 of the Refugee Education Assistance Act,
with respect to emerging and zoonotic infectious diseases,
$562,572,000.
CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION

For carrying out titles II, III, XI, XV, XVII, and XIX of the
PHS Act with respect to chronic disease prevention and health
promotion, $915,346,000: Provided, That funds appropriated under
this account may be available for making grants under section
1509 of the PHS Act for not less than 21 States, tribes, or tribal
organizations: Provided further, That of the funds made available
under this heading, $15,000,000 shall be available to continue and
expand community specific extension and outreach programs to

H. R. 1625—371
combat obesity in counties with the highest levels of obesity: Provided further, That the proportional funding requirements under
section 1503(a) of the PHS Act shall not apply to funds made
available under this heading.
BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, DISABILITIES AND
HEALTH

For carrying out titles II, III, XI, and XVII of the PHS Act
with respect to birth defects, developmental disabilities, disabilities
and health, $140,560,000.
PUBLIC HEALTH SCIENTIFIC SERVICES

For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $490,397,000.
ENVIRONMENTAL HEALTH

For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $188,750,000.
INJURY PREVENTION AND CONTROL

For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $648,559,000, of which
$475,579,000 shall remain available until September 30, 2019 for
an evidence-based opioid drug overdose prevention program.
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine
Safety and Health Act, section 13 of the Mine Improvement and
New Emergency Response Act, and sections 20, 21, and 22 of
the Occupational Safety and Health Act, with respect to occupational safety and health, $335,200,000.
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM

For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to
remain available until expended: Provided, That this amount shall
be available consistent with the provision regarding administrative
expenses in section 151(b) of division B, title I of Public Law
106–554.
GLOBAL HEALTH

For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $488,621,000, of which (1) $128,421,000
shall remain available through September 30, 2019 for international
HIV/AIDS and (2) $50,000,000 shall remain available through September 30, 2020 for Global Disease Detection and Emergency
Response: Provided, That funds may be used for purchase and
insurance of official motor vehicles in foreign countries.

H. R. 1625—372
PUBLIC HEALTH PREPAREDNESS AND RESPONSE

For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for
expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian
populations, $1,450,000,000, of which $610,000,000 shall remain
available until expended for the Strategic National Stockpile: Provided, That in the event the Director of the Centers for Disease
Control and Prevention (referred to in this title as ‘‘CDC’’) activates
the Emergency Operations Center, the Director of the CDC may
detail CDC staff without reimbursement for up to 90 days to support
the work of the CDC Emergency Operations Center, so long as
the Director provides a notice to the Committees on Appropriations
of the House of Representatives and the Senate within 15 days
of the use of this authority and a full report within 30 days after
use of this authority which includes the number of staff and funding
level broken down by the originating center and number of days
detailed: Provided further, That funds appropriated under this
heading may be used to support a contract for the operation and
maintenance of an aircraft in direct support of activities throughout
CDC to ensure the agency is prepared to address public health
preparedness emergencies.
BUILDINGS AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)

For acquisition of real property, equipment, construction, demolition, and renovation of facilities, $270,000,000, which shall remain
available until September 30, 2022, of which $240,000,000 shall
be for a CDC biosafety level 4 laboratory: Provided, That in addition
to the amount provided, $240,000,000 shall be for a CDC biosafety
level 4 laboratory for the purposes described in the previous proviso
and shall be derived by transfer from the Fund established by
Public Law 110–161, division G, title II, section 223 and shall
remain available until September 30, 2022: Provided further, That
funds previously set-aside by CDC for repair and upgrade of the
Lake Lynn Experimental Mine and Laboratory shall be used to
acquire a replacement mine safety research facility: Provided further, That in addition, the prior year unobligated balance of any
amounts assigned to former employees in accounts of CDC made
available for Individual Learning Accounts shall be credited to
and merged with the amounts made available under this heading
to support the replacement of the mine safety research facility.
CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

For carrying out titles II, III, XVII and XIX, and section 2821
of the PHS Act and for cross-cutting activities and program support
for activities funded in other appropriations included in this Act
for the Centers for Disease Control and Prevention, $113,570,000:
Provided, That paragraphs (1) through (3) of subsection (b) of section
2821 of the PHS Act shall not apply to funds appropriated under
this heading and in all other accounts of the CDC: Provided further,
That employees of CDC or the Public Health Service, both civilian
and commissioned officers, detailed to States, municipalities, or
other organizations under authority of section 214 of the PHS

H. R. 1625—373
Act, or in overseas assignments, shall be treated as non-Federal
employees for reporting purposes only and shall not be included
within any personnel ceiling applicable to the Agency, Service,
or HHS during the period of detail or assignment: Provided further,
That CDC may use up to $10,000 from amounts appropriated
to CDC in this Act for official reception and representation expenses
when specifically approved by the Director of CDC: Provided further,
That in addition, such sums as may be derived from authorized
user fees, which shall be credited to the appropriation charged
with the cost thereof: Provided further, That with respect to the
previous proviso, authorized user fees from the Vessel Sanitation
Program and the Respirator Certification Program shall be available
through September 30, 2019.
NATIONAL INSTITUTES

OF

HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $5,664,800,000, of which up to $30,000,000
may be used for facilities repairs and improvements at the National
Cancer Institute—Frederick Federally Funded Research and
Development Center in Frederick, Maryland.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and blood
and blood products, $3,383,201,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

For carrying out section 301 and title IV of the PHS Act
with respect to dental and craniofacial diseases, $447,735,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY
DISEASES

For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$1,970,797,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke, $2,145,149,000:
Provided, That $250,000,000 shall be available until September
30, 2019 for research related to opioid addiction, development of
opioid alternatives, pain management, and addiction treatment:
Provided further, That each for-profit recipient of funds provided
in the previous proviso shall be subject to a matching requirement
of funds or documented in-kind contributions of not less than 50
percent of the total funds awarded to such entity.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases, $5,260,210,000.

H. R. 1625—374
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $2,785,400,000, of which
$922,871,000 shall be from funds available under section 241 of
the PHS Act: Provided, That not less than $350,575,000 is provided
for the Institutional Development Awards program.
EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH
AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,452,006,000.
NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders, $772,317,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $751,143,000.
NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the PHS Act
with respect to aging, $2,574,091,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN
DISEASES

For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin diseases,
$586,661,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION
DISORDERS

For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$459,974,000.
NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $158,033,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $509,573,000.
NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,383,603,000: Provided, That
$250,000,000 shall be available until September 30, 2019 for

H. R. 1625—375
research related to opioid addiction, development of opioid alternatives, pain management, and addiction treatment: Provided further, That each for-profit recipient of funds provided in the previous
proviso shall be subject to a matching requirement of funds or
documented in-kind contributions of not less than 50 percent of
the total funds awarded to such entity.
NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $1,711,775,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE

For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $556,881,000.
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering research,
$377,871,000.
NATIONAL CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH

For carrying out section 301 and title IV of the PHS Act
with respect to complementary and integrative health,
$142,184,000.
NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES

For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities research,
$303,200,000.
JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of
the PHS Act), $75,733,000.
NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the PHS Act
with respect to health information communications, $428,553,000:
Provided, That of the amounts available for improvement of
information systems, $4,000,000 shall be available until September
30, 2019: Provided further, That in fiscal year 2018, the National
Library of Medicine may enter into personal services contracts
for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health
(referred to in this title as ‘‘NIH’’).
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES

For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $742,354,000: Provided, That
up to $25,835,000 shall be available to implement section 480

H. R. 1625—376
of the PHS Act, relating to the Cures Acceleration Network: Provided further, That at least $542,771,000 is provided to the Clinical
and Translational Sciences Awards program.
OFFICE OF THE DIRECTOR

For carrying out the responsibilities of the Office of the Director,
NIH, $1,803,293,000: Provided, That funding shall be available
for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That all funds credited
to the NIH Management Fund shall remain available for one fiscal
year after the fiscal year in which they are deposited: Provided
further, That $165,000,000 shall be for the National Children’s
Study Follow-on: Provided further, That $588,116,000 shall be available for the Common Fund established under section 402A(c)(1)
of the PHS Act: Provided further, That of the funds provided,
$10,000 shall be for official reception and representation expenses
when specifically approved by the Director of the NIH: Provided
further, That the Office of AIDS Research within the Office of
the Director of the NIH may spend up to $8,000,000 to make
grants for construction or renovation of facilities as provided for
in section 2354(a)(5)(B) of the PHS Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund for the purpose of carrying
out section 402(b)(7)(B)(ii) of the PHS Act (relating to pediatric
research), as authorized in the Gabriella Miller Kids First Research
Act.
BUILDINGS AND FACILITIES

For the study of, construction of, demolition of, renovation
of, and acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $128,863,000, to remain
available through September 30, 2022.
NIH INNOVATION ACCOUNT, CURES ACT

For necessary expenses to carry out the purposes described
in section 1001(b)(4) of the 21st Century Cures Act, in addition
to amounts available for such purposes in the appropriations provided to the NIH in this Act, $496,000,000, to remain available
until expended: Provided, That such amounts are appropriated
pursuant to section 1001(b)(3) of such Act, are to be derived from
amounts transferred under section 1001(b)(2)(A) of such Act, and
may be transferred by the Director of the National Institutes of
Health to other accounts of the National Institutes of Health solely
for the purposes provided in such Act: Provided further, That upon
a determination by the Director that funds transferred pursuant
to the previous proviso are not necessary for the purposes provided,
such amounts may be transferred back to the Account: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided by law.

H. R. 1625—377
SUBSTANCE ABUSE

AND

MENTAL HEALTH SERVICES ADMINISTRATION
MENTAL HEALTH

For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, and the Protection and Advocacy for
Individuals with Mental Illness Act, $1,453,972,000: Provided, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated for carrying out section 520A shall be available for carrying
out section 1971 of the PHS Act: Provided further, That in addition
to amounts provided herein, $21,039,000 shall be available under
section 241 of the PHS Act to carry out subpart I of part B
of title XIX of the PHS Act to fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and
further that the total available under this Act for section 1920(b)
activities shall not exceed 5 percent of the amounts appropriated
for subpart I of part B of title XIX: Provided further, That up
to 10 percent of the amounts made available to carry out the
Children’s Mental Health Services program may be used to carry
out demonstration grants or contracts for early interventions with
persons not more than 25 years of age at clinical high risk of
developing a first episode of psychosis: Provided further, That section 520E(b)(2) of the PHS Act shall not apply to funds appropriated
in this Act for fiscal year 2018: Provided further, That States
shall expend at least 10 percent of the amount each receives for
carrying out section 1911 of the PHS Act to support evidencebased programs that address the needs of individuals with early
serious mental illness, including psychotic disorders, regardless of
the age of the individual at onset: Provided further, That
$100,000,000 shall be available until September 30, 2020 for grants
to communities and community organizations who meet criteria
for Certified Community Behavioral Health Clinics pursuant to
section 223(a) of Public Law 113-93: Provided further, That none
of the funds provided for section 1911 of the PHS Act shall be
subject to section 241 of such Act: Provided further, That of the
funds made available under this heading, $15,000,000 shall be
to carry out section 224 of the Protecting Access to Medicare Act
of 2014 (Public Law 113–93; 42 U.S.C. 290aa 22 note).
SUBSTANCE ABUSE TREATMENT

For carrying out titles III and V of the PHS Act with respect
to substance abuse treatment and title XIX of such Act with respect
to substance abuse treatment and prevention, $3,182,306,000: Provided, That $1,000,000,000 shall be for State Opioid Response
Grants for carrying out activities pertaining to opioids undertaken
by the State agency responsible for administering the substance
abuse prevention and treatment block grant under subpart II of
part B of title XIX of the PHS Act (42 U.S.C. 300x–21 et seq.):
Provided further, That of such amount $50,000,000 shall be made
available to Indian Tribes or tribal organizations: Provided further,
That 15 percent of the remaining amount shall be for the States
with the highest mortality rate related to opioid use disorders:
Provided further, That of the amounts provided for State Opioid
Response Grants not more than 2 percent shall be available for
Federal administrative expenses, training, technical assistance, and
evaluation: Provided further, That of the amount not reserved by
the previous three provisos, the Secretary shall make allocations

H. R. 1625—378
to States, territories, and the District of Columbia according to
a formula using national survey results that the Secretary determines are the most objective and reliable measure of drug use
and drug-related deaths: Provided further, That the Secretary shall
submit the formula methodology to the Committees on Appropriations of the House of Representatives and the Senate not less
than 30 days prior to publishing a Funding Opportunity Announcement: Provided further, That prevention and treatment activities
funded through such grants may include education, treatment
(including the provision of medication), behavioral health services
for individuals in treatment programs, referral to treatment services, recovery support, and medical screening associated with such
treatment: Provided further, That each State, as well as the District
of Columbia, shall receive not less than $4,000,000: Provided further, That in addition to amounts provided herein, the following
amounts shall be available under section 241 of the PHS Act:
(1) $79,200,000 to carry out subpart II of part B of title XIX
of the PHS Act to fund section 1935(b) technical assistance, national
data, data collection and evaluation activities, and further that
the total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for subpart
II of part B of title XIX; and (2) $2,000,000 to evaluate substance
abuse treatment programs: Provided further, That none of the funds
provided for section 1921 of the PHS Act or State Opioid Response
Grants shall be subject to section 241 of such Act.
SUBSTANCE ABUSE PREVENTION

For carrying out titles III and V of the PHS Act with respect
to substance abuse prevention, $248,219,000.
HEALTH SURVEILLANCE AND PROGRAM SUPPORT

For program support and cross-cutting activities that supplement activities funded under the headings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’ in
carrying out titles III, V, and XIX of the PHS Act and the Protection
and Advocacy for Individuals with Mental Illness Act in the Substance Abuse and Mental Health Services Administration,
$128,830,000: Provided, That in addition to amounts provided
herein, $31,428,000 shall be available under section 241 of the
PHS Act to supplement funds available to carry out national surveys
on drug abuse and mental health, to collect and analyze program
data, and to conduct public awareness and technical assistance
activities: Provided further, That, in addition, fees may be collected
for the costs of publications, data, data tabulations, and data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to
this appropriation and shall remain available until expended for
such purposes: Provided further, That amounts made available in
this Act for carrying out section 501(m) of the PHS Act shall
remain available through September 30, 2019: Provided further,
That funds made available under this heading may be used to
supplement program support funding provided under the headings
‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance
Abuse Prevention’’.

H. R. 1625—379
AGENCY

FOR

HEALTHCARE RESEARCH

AND

QUALITY

HEALTHCARE RESEARCH AND QUALITY

For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, $334,000,000: Provided, That section 947(c) of the PHS
Act shall not apply in fiscal year 2018: Provided further, That
in addition, amounts received from Freedom of Information Act
fees, reimbursable and interagency agreements, and the sale of
data shall be credited to this appropriation and shall remain available until September 30, 2019.
CENTERS

FOR

MEDICARE

AND

MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $284,798,384,000, to remain available until expended.
For making, after May 31, 2018, payments to States under
title XIX or in the case of section 1928 on behalf of States under
title XIX of the Social Security Act for the last quarter of fiscal
year 2018 for unanticipated costs incurred for the current fiscal
year, such sums as may be necessary.
For making payments to States or in the case of section 1928
on behalf of States under title XIX of the Social Security Act
for the first quarter of fiscal year 2019, $134,847,759,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D–16 of the Social
Security Act, sections 103(c) and 111(d) of the Social Security
Amendments of 1965, section 278(d)(3) of Public Law 97–248, and
for administrative expenses incurred pursuant to section 201(g)
of the Social Security Act, $323,497,300,000.
In addition, for making matching payments under section 1844
and benefit payments under section 1860D–16 of the Social Security
Act that were not anticipated in budget estimates, such sums as
may be necessary.
PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII
of the PHS Act, the Clinical Laboratory Improvement Amendments
of 1988, and other responsibilities of the Centers for Medicare
and Medicaid Services, not to exceed $3,669,744,000, to be transferred from the Federal Hospital Insurance Trust Fund and the

H. R. 1625—380
Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act; together with
all funds collected in accordance with section 353 of the PHS
Act and section 1857(e)(2) of the Social Security Act, funds retained
by the Secretary pursuant to section 1893(h) of the Social Security
Act, and such sums as may be collected from authorized user
fees and the sale of data, which shall be credited to this account
and remain available until expended: Provided, That all funds
derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this appropriation: Provided further, That the Secretary is directed to collect fees in
fiscal year 2018 from Medicare Advantage organizations pursuant
to section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of
that Act pursuant to section 1876(k)(4)(D) of that Act.
HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

In addition to amounts otherwise available for program integrity and program management, $745,000,000, to remain available
through September 30, 2019, to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, as authorized by section 201(g)
of the Social Security Act, of which $500,368,000 shall be for the
Medicare Integrity Program at the Centers for Medicare and Medicaid Services, including administrative costs, to conduct oversight
activities for Medicare Advantage under Part C and the Medicare
Prescription Drug Program under Part D of the Social Security
Act and for activities described in section 1893(b) of such Act,
of which $84,398,000 shall be for the Department of Health and
Human Services Office of Inspector General to carry out fraud
and abuse activities authorized by section 1817(k)(3) of such Act,
of which $84,398,000 shall be for the Medicaid and Children’s
Health Insurance Program (‘‘CHIP’’) program integrity activities,
and of which $75,836,000 shall be for the Department of Justice
to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2018 shall
include measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs
for the funds provided by this appropriation: Provided further,
That of the amount provided under this heading, $311,000,000
is provided to meet the terms of section 251(b)(2)(C)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, and $434,000,000 is additional new budget authority
specified for purposes of section 251(b)(2)(C) of such Act: Provided
further, That the Secretary shall provide not less than $17,621,000
for the Senior Medicare Patrol program to combat health care
fraud and abuse from the funds provided to this account.
ADMINISTRATION

FOR

CHILDREN

AND

FAMILIES

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND
FAMILY SUPPORT PROGRAMS

For carrying out, except as otherwise provided, titles I, IV–
D, X, XI, XIV, and XVI of the Social Security Act and the Act

H. R. 1625—381
of July 5, 1960, $2,995,400,000, to remain available until expended;
and for such purposes for the first quarter of fiscal year 2019,
$1,400,000,000, to remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960, for the last 3
months of the current fiscal year for unanticipated costs, incurred
for the current fiscal year, such sums as may be necessary.
LOW INCOME HOME ENERGY ASSISTANCE

For making payments under subsections (b) and (d) of section
2602 of the Low Income Home Energy Assistance Act of 1981,
$3,640,304,000: Provided, That all but $678,500,000 of this amount
shall be allocated as though the total appropriation for such payments for fiscal year 2018 was less than $1,975,000,000: Provided
further, That notwithstanding section 2609A(a), of the amounts
appropriated under section 2602(b), not more than $2,988,000 of
such amounts may be reserved by the Secretary for technical assistance, training, and monitoring of program activities for compliance
with internal controls, policies and procedures and may, in addition
to the authorities provided in section 2609A(a)(1), use such funds
through contracts with private entities that do not qualify as nonprofit organizations.
REFUGEE AND ENTRANT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance
Act of 1980, and for carrying out section 462 of the Homeland
Security Act of 2002, section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, the Trafficking Victims Protection Act of 2000 (‘‘TVPA’’), and the Torture
Victims Relief Act of 1998, $1,864,936,000, of which $1,830,446,000
shall remain available through September 30, 2020 for carrying
out such sections 414, 501, 462, and 235: Provided, That amounts
available under this heading to carry out the TVPA shall also
be available for research and evaluation with respect to activities
under such Act: Provided further, That the limitation in section
205 of this Act regarding transfers increasing any appropriation
shall apply to transfers to appropriations under this heading by
substituting ‘‘10 percent’’ for ‘‘3 percent’’.
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT
BLOCK GRANT

For carrying out the Child Care and Development Block Grant
Act of 1990 (‘‘CCDBG Act’’), $5,226,000,000 shall be used to supplement, not supplant State general revenue funds for child care
assistance for low-income families: Provided, That technical assistance under section 658I(a)(3) of such Act may be provided directly,
or through the use of contracts, grants, cooperative agreements,
or interagency agreements: Provided further, That all funds made
available to carry out section 418 of the Social Security Act (42
U.S.C. 618), including funds appropriated for that purpose in such

H. R. 1625—382
section 418 or any other provision of law, shall be subject to the
reservation of funds authority in paragraphs (4) and (5) of section
658O(a) of the CCDBG Act: Provided further, That in addition
to the amounts required to be reserved by the Secretary under
section 658O(a)(2)(A) of such Act, $156,780,000 shall be for Indian
tribes and tribal organizations.
SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry
out State programs pursuant to title XX–A of such Act shall be
10 percent.
CHILDREN AND FAMILIES SERVICES PROGRAMS

For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Every Student
Succeeds Act, the Child Abuse Prevention and Treatment Act, sections 303 and 313 of the Family Violence Prevention and Services
Act, the Native American Programs Act of 1974, title II of the
Child Abuse Prevention and Treatment and Adoption Reform Act
of 1978 (adoption opportunities), part B–1 of title IV and sections
429, 473A, 477(i), 1110, 1114A, and 1115 of the Social Security
Act, and the Community Services Block Grant Act (‘‘CSBG Act’’);
and for necessary administrative expenses to carry out titles I,
IV, V, X, XI, XIV, XVI, and XX–A of the Social Security Act,
the Act of July 5, 1960, the Low-Income Home Energy Assistance
Act of 1981, the Child Care and Development Block Grant Act
of 1990, the Assets for Independence Act, title IV of the Immigration
and Nationality Act, and section 501 of the Refugee Education
Assistance Act of 1980, $12,022,225,000, of which $75,000,000, to
remain available through September 30, 2019, shall be for grants
to States for adoption and legal guardianship incentive payments,
as defined by section 473A of the Social Security Act and may
be made for adoptions and legal guardianships completed before
September 30, 2018: Provided, That $9,863,095,000 shall be for
making payments under the Head Start Act: Provided further,
That of the amount in the previous proviso, $8,823,095,000 shall
be available for payments under section 640 of the Head Start
Act, of which $216,000,000 shall be available for a cost of living
adjustment notwithstanding section 640(a)(3)(A) of such Act: Provided further, That notwithstanding such section 640, of the amount
in the second preceding proviso, $260,000,000 (of which up to one
percent may be reserved for research and evaluation) shall be
available through March 31, 2019 for award by the Secretary to
grantees that apply for supplemental funding to increase their
hours of program operations and for training and technical assistance for such activities: Provided further, That of the amount provided for making payments under the Head Start Act, $25,000,000
shall be available for allocation by the Secretary to supplement
activities described in paragraphs (7)(B) and (9) of section 641(c)
of such Act under the Designation Renewal System, established
under the authority of sections 641(c)(7), 645A(b)(12) and 645A(d)
of such Act: Provided further, That notwithstanding such section
640, of the amount provided for making payments under the Head

H. R. 1625—383
Start Act, and in addition to funds otherwise available under such
section 640 for such purposes, $755,000,000 shall be available
through March 31, 2019 for Early Head Start programs as described
in section 645A of such Act, for conversion of Head Start services
to Early Head Start services as described in section 645(a)(5)(A)
of such Act, for discretionary grants for high quality infant and
toddler care through Early Head Start-Child Care Partnerships,
to entities defined as eligible under section 645A(d) of such Act,
for training and technical assistance for such activities, and for
up to $16,000,000 in Federal costs of administration and evaluation,
and, notwithstanding section 645A(c)(2) of such Act, these funds
are available to serve children under age 4: Provided further, That
funds described in the preceding two provisos shall not be included
in the calculation of ‘‘base grant’’ in subsequent fiscal years, as
such term is used in section 640(a)(7)(A) of such Act: Provided
further, That $250,000,000 shall be available until December 31,
2018 for carrying out sections 9212 and 9213 of the Every Student
Succeeds Act: Provided further, That up to 3 percent of the funds
in the preceding proviso shall be available for technical assistance
and evaluation related to grants awarded under such section 9212:
Provided further, That $742,883,000 shall be for making payments
under the CSBG Act: Provided further, That $28,233,000 shall
be for sections 680 and 678E(b)(2) of the CSBG Act, of which
not less than $19,883,000 shall be for section 680(a)(2) and not
less than $8,000,000 shall be for section 680(a)(3)(B) of such Act:
Provided further, That, notwithstanding section 675C(a)(3) of such
Act, to the extent Community Services Block Grant funds are
distributed as grant funds by a State to an eligible entity as
provided under such Act, and have not been expended by such
entity, they shall remain with such entity for carryover into the
next fiscal year for expenditure by such entity consistent with
program purposes: Provided further, That the Secretary shall establish procedures regarding the disposition of intangible assets and
program income that permit such assets acquired with, and program
income derived from, grant funds authorized under section 680
of the CSBG Act to become the sole property of such grantees
after a period of not more than 12 years after the end of the
grant period for any activity consistent with section 680(a)(2)(A)
of the CSBG Act: Provided further, That intangible assets in the
form of loans, equity investments and other debt instruments, and
program income may be used by grantees for any eligible purpose
consistent with section 680(a)(2)(A) of the CSBG Act: Provided
further, That these procedures shall apply to such grant funds
made available after November 29, 1999: Provided further, That
funds appropriated for section 680(a)(2) of the CSBG Act shall
be available for financing construction and rehabilitation and loans
or investments in private business enterprises owned by community
development corporations: Provided further, That $160,000,000 shall
be for carrying out section 303(a) of the Family Violence Prevention
and Services Act, of which $5,000,000 shall be allocated notwithstanding section 303(a)(2) of such Act for carrying out section 309
of such Act: Provided further, That the percentages specified in
section 112(a)(2) of the Child Abuse Prevention and Treatment
Act shall not apply to funds appropriated under this heading: Provided further That $1,864,000 shall be for a human services case
management system for federally declared disasters, to include
a comprehensive national case management contract and Federal

H. R. 1625—384
costs of administering the system: Provided further, That up to
$2,000,000 shall be for improving the Public Assistance Reporting
Information System, including grants to States to support data
collection for a study of the system’s effectiveness.
PROMOTING SAFE AND STABLE FAMILIES

For carrying out, except as otherwise provided, section 436
of the Social Security Act, $345,000,000 and, for carrying out,
except as otherwise provided, section 437 of such Act, $99,765,000:
Provided, That of the funds available to carry out section 437,
$59,765,000 shall be allocated consistent with subsections (b)
through (d) of such section (as such section shall be so in effect
on October 1, 2018): Provided further, That of the funds available
to carry out section 437, to assist in meeting the requirements
described in section 471(e)(4)(C) (as such section shall be so in
effect on October 1, 2018), $20,000,000 shall be for grants to each
State, territory, and Indian tribe operating title IV–E plans for
developing, enhancing, or evaluating kinship navigator programs,
as described in section 427(a)(1) of such Act, and $20,000,000,
in addition to funds otherwise appropriated in section 436 for such
purposes, shall be for competitive grants to regional partnerships
as described in section 437(f): Provided further, That section
437(b)(1) shall be applied to amounts in the previous proviso by
substituting ‘‘5 percent’’ for ‘‘3.3 percent’’, and notwithstanding section 436(b)(1), such reserved amounts may be used for identifying,
establishing, and disseminating practices to meet the criteria specified in section 471(e)(4)(C) (as such section shall be so in effect
on October 1, 2018): Provided further, That the reservation in
section 437(b)(2) and the limitations in section 437(d) shall not
apply to funds specified in the second proviso: Provided further,
That the minimum grant award for kinship navigator programs
in the case of States and territories shall be $200,000, and, in
the case of tribes, shall be $25,000.
PAYMENTS FOR FOSTER CARE AND PERMANENCY

For carrying out, except as otherwise provided, title IV–E of
the Social Security Act, $6,225,000,000.
For carrying out, except as otherwise provided, title IV–E of
the Social Security Act, for the first quarter of fiscal year 2019,
$2,700,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV–E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
ADMINISTRATION

FOR

COMMUNITY LIVING

AGING AND DISABILITY SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (‘‘OAA’’), titles III and XXIX of the
PHS Act, sections 1252 and 1253 of the PHS Act, section 119
of the Medicare Improvements for Patients and Providers Act of

H. R. 1625—385
2008, title XX–B of the Social Security Act, the Developmental
Disabilities Assistance and Bill of Rights Act, parts 2 and 5 of
subtitle D of title II of the Help America Vote Act of 2002, the
Assistive Technology Act of 1998, titles II and VII (and section
14 with respect to such titles) of the Rehabilitation Act of 1973,
and for Department-wide coordination of policy and program activities that assist individuals with disabilities, $2,095,100,000,
together with $49,115,000 to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund to carry out section 4360 of the Omnibus
Budget Reconciliation Act of 1990: Provided, That amounts appropriated under this heading may be used for grants to States under
section 361 of the OAA only for disease prevention and health
promotion programs and activities which have been demonstrated
through rigorous evaluation to be evidence-based and effective:
Provided further, That of amounts made available under this
heading to carry out sections 311, 331, and 336 of the OAA, up
to one percent of such amounts shall be available for developing
and implementing evidence-based practices for enhancing senior
nutrition: Provided further, That notwithstanding any other provision of this Act, funds made available under this heading to carry
out section 311 of the OAA may be transferred to the Secretary
of Agriculture in accordance with such section: Provided further,
That $2,000,000 shall be for competitive grants to support alternative financing programs that provide for the purchase of assistive
technology devices, such as a low-interest loan fund; an interest
buy-down program; a revolving loan fund; a loan guarantee; or
an insurance program: Provided further, That applicants shall provide an assurance that, and information describing the manner
in which, the alternative financing program will expand and emphasize consumer choice and control: Provided further, That State
agencies and community-based disability organizations that are
directed by and operated for individuals with disabilities shall be
eligible to compete: Provided further, That none of the funds made
available under this heading may be used by an eligible system
(as defined in section 102 of the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10802)) to continue to
pursue any legal action in a Federal or State court on behalf
of an individual or group of individuals with a developmental disability (as defined in section 102(8)(A) of the Developmental Disabilities and Assistance and Bill of Rights Act of 2000 (20 U.S.C.
15002(8)(A)) that is attributable to a mental impairment (or a
combination of mental and physical impairments), that has as the
requested remedy the closure of State operated intermediate care
facilities for people with intellectual or developmental disabilities,
unless reasonable public notice of the action has been provided
to such individuals (or, in the case of mental incapacitation, the
legal guardians who have been specifically awarded authority by
the courts to make healthcare and residential decisions on behalf
of such individuals) who are affected by such action, within 90
days of instituting such legal action, which informs such individuals
(or such legal guardians) of their legal rights and how to exercise
such rights consistent with current Federal Rules of Civil Procedure:
Provided further, That the limitations in the immediately preceding
proviso shall not apply in the case of an individual who is neither
competent to consent nor has a legal guardian, nor shall the proviso

H. R. 1625—386
apply in the case of individuals who are a ward of the State
or subject to public guardianship.
OFFICE

OF THE

SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section
229 of the PHS Act, the United States-Mexico Border Health
Commission Act, and research studies under section 1110 of the
Social Security Act, $470,629,000, together with $64,828,000 from
the amounts available under section 241 of the PHS Act to carry
out national health or human services research and evaluation
activities: Provided, That of this amount, $53,900,000 shall be for
minority AIDS prevention and treatment activities: Provided further, That of the funds made available under this heading,
$101,000,000 shall be for making competitive contracts and grants
to public and private entities to fund medically accurate and age
appropriate programs that reduce teen pregnancy and for the Federal costs associated with administering and evaluating such contracts and grants, of which not more than 10 percent of the available
funds shall be for training and technical assistance, evaluation,
outreach, and additional program support activities, and of the
remaining amount 75 percent shall be for replicating programs
that have been proven effective through rigorous evaluation to
reduce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to develop,
replicate, refine, and test additional models and innovative strategies for preventing teenage pregnancy: Provided further, That of
the amounts provided under this heading from amounts available
under section 241 of the PHS Act, $6,800,000 shall be available
to carry out evaluations (including longitudinal evaluations) of teenage pregnancy prevention approaches: Provided further, That of
the funds made available under this heading, $25,000,000 shall
be for making competitive grants which exclusively implement education in sexual risk avoidance (defined as voluntarily refraining
from non-marital sexual activity): Provided further, That funding
for such competitive grants for sexual risk avoidance shall use
medically accurate information referenced to peer-reviewed publications by educational, scientific, governmental, or health organizations; implement an evidence-based approach integrating research
findings with practical implementation that aligns with the needs
and desired outcomes for the intended audience; and teach the
benefits associated with self-regulation, success sequencing for poverty prevention, healthy relationships, goal setting, and resisting
sexual coercion, dating violence, and other youth risk behaviors
such as underage drinking or illicit drug use without normalizing
teen sexual activity: Provided further, That no more than 10 percent
of the funding for such competitive grants for sexual risk avoidance
shall be available for technical assistance and administrative costs
of such programs: Provided further, That funds provided in this

H. R. 1625—387
Act for embryo adoption activities may be used to provide to individuals adopting embryos, through grants and other mechanisms, medical and administrative services deemed necessary for such adoptions: Provided further, That such services shall be provided consistent with 42 CFR 59.5(a)(4).
ACCOUNT FOR THE STATE RESPONSE TO THE OPIOID ABUSE CRISIS,
CURES ACT
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the purposes described
in section 1003(c) of the 21st Century Cures Act, $500,000,000
to remain available until expended: Provided, That such amounts
are appropriated pursuant to section 1003(b)(3) of such Act, are
to be derived from amounts transferred under section 1003(b)(2)(A)
of such Act, and may be transferred by the Secretary of Health
and Human Services to other accounts of the Department solely
for the purposes provided in such Act: Provided further, That the
transfer authority provided under this heading is in addition to
any other transfer authority provided by law.
OFFICE OF MEDICARE HEARINGS AND APPEALS

For expenses necessary for the Office of Medicare Hearings
and Appeals, $182,381,000 shall remain available until September
30, 2019, to be transferred in appropriate part from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION
TECHNOLOGY

For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and
advancement of interoperable health information technology,
$60,367,000.
OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations,
in carrying out the provisions of the Inspector General Act of
1978, $80,000,000: Provided, That of such amount, necessary sums
shall be available for providing protective services to the Secretary
and investigating non-payment of child support cases for which
non-payment is a Federal offense under 18 U.S.C. 228.
OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights,
$38,798,000.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS

For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for payments

H. R. 1625—388
under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired
personnel under the Dependents’ Medical Care Act, such amounts
as may be required during the current fiscal year.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $993,458,000, of which $536,700,000 shall
remain available through September 30, 2019, for expenses necessary to support advanced research and development pursuant
to section 319L of the PHS Act and other administrative expenses
of the Biomedical Advanced Research and Development Authority:
Provided, That funds provided under this heading for the purpose
of acquisition of security countermeasures shall be in addition to
any other funds available for such purpose: Provided further, That
products purchased with funds provided under this heading may,
at the discretion of the Secretary, be deposited in the Strategic
National Stockpile pursuant to section 319F–2 of the PHS Act:
Provided further, That $5,000,000 of the amounts made available
to support emergency operations shall remain available through
September 30, 2020.
For expenses necessary for procuring security countermeasures
(as defined in section 319F–2(c)(1)(B) of the PHS Act), $710,000,000,
to remain available until expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $250,000,000; of which
$215,000,000 shall be available until expended, for activities
including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools:
Provided, That notwithstanding section 496(b) of the PHS Act,
funds may be used for the construction or renovation of privately
owned facilities for the production of pandemic influenza vaccines
and other biologics, if the Secretary finds such construction or
renovation necessary to secure sufficient supplies of such vaccines
or biologics.
GENERAL PROVISIONS
SEC. 201. Funds appropriated in this title shall be available
for not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
SEC. 202. None of the funds appropriated in this title shall
be used to pay the salary of an individual, through a grant or
other extramural mechanism, at a rate in excess of Executive Level
II.
SEC. 203. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the
preparation and submission of a report by the Secretary to the
Committees on Appropriations of the House of Representatives and
the Senate detailing the planned uses of such funds.
SEC. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized

H. R. 1625—389
under such Act shall be made available for the evaluation (directly,
or by grants or contracts) and the implementation and effectiveness
of programs funded in this title.
(TRANSFER OF FUNDS)

SEC. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for HHS in this Act may be transferred between appropriations,
but no such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority granted
by this section shall not be used to create any new program or
to fund any project or activity for which no funds are provided
in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
SEC. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur
up to 60 days after the execution of a contract awarded in fiscal
year 2018 under section 338B of such Act.
SEC. 207. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary that
it encourages family participation in the decision of minors to
seek family planning services and that it provides counseling to
minors on how to resist attempts to coerce minors into engaging
in sexual activities.
SEC. 208. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt
from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.
SEC. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out
the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (including
a Provider Sponsored Organization) because the entity informs
the Secretary that it will not provide, pay for, provide coverage
of, or provide referrals for abortions: Provided, That the Secretary
shall make appropriate prospective adjustments to the capitation
payment to such an entity (based on an actuarially sound estimate
of the expected costs of providing the service to such entity’s
enrollees): Provided further, That nothing in this section shall be
construed to change the Medicare program’s coverage for such services and a Medicare Advantage organization described in this section shall be responsible for informing enrollees where to obtain
information about all Medicare covered services.
SEC. 210. None of the funds made available in this title may
be used, in whole or in part, to advocate or promote gun control.
SEC. 211. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service
to assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children’s Emergency Fund or the World Health Organization.
SEC. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic

H. R. 1625—390
and environmental disease, and other health activities abroad
during fiscal year 2018:
(1) The Secretary may exercise authority equivalent to
that available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this section
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may
be necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The Secretary is authorized, in consultation with the Secretary
of State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or agencies
in participating foreign countries, funds to acquire, lease, alter,
or renovate facilities in those countries as necessary to conduct
programs of assistance for international health activities,
including activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other health
activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed
by the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if
such personnel’s official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter
I of chapter 63 of title 5, United States Code, or section 903
of the Foreign Service Act of 1980, to individuals serving in
the Foreign Service.
(TRANSFER OF FUNDS)

SEC. 213. The Director of the NIH, jointly with the Director
of the Office of AIDS Research, may transfer up to 3 percent
among institutes and centers from the total amounts identified
by these two Directors as funding for research pertaining to the
human immunodeficiency virus: Provided, That the Committees
on Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer.

H. R. 1625—391
(TRANSFER OF FUNDS)

SEC. 214. Of the amounts made available in this Act for NIH,
the amount for research related to the human immunodeficiency
virus, as jointly determined by the Director of NIH and the Director
of the Office of AIDS Research, shall be made available to the
‘‘Office of AIDS Research’’ account. The Director of the Office of
AIDS Research shall transfer from such account amounts necessary
to carry out section 2353(d)(3) of the PHS Act.
SEC. 215. (a) AUTHORITY.—Notwithstanding any other provision
of law, the Director of NIH (‘‘Director’’) may use funds authorized
under section 402(b)(12) of the PHS Act to enter into transactions
(other than contracts, cooperative agreements, or grants) to carry
out research identified pursuant to or research and activities
described in such section 402(b)(12).
(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director may utilize such peer review procedures
(including consultation with appropriate scientific experts) as the
Director determines to be appropriate to obtain assessments of
scientific and technical merit. Such procedures shall apply to such
transactions in lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the
PHS Act.
SEC. 216. Not to exceed $45,000,000 of funds appropriated
by this Act to the institutes and centers of the National Institutes
of Health may be used for alteration, repair, or improvement of
facilities, as necessary for the proper and efficient conduct of the
activities authorized herein, at not to exceed $3,500,000 per project.
(TRANSFER OF FUNDS)

SEC. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service Awards
(‘‘NRSA’’) shall be made available to the Administrator of the Health
Resources and Services Administration to make NRSA awards for
research in primary medical care to individuals affiliated with
entities who have received grants or contracts under sections 736,
739, or 747 of the PHS Act, and 1 percent of the amount made
available for NRSA shall be made available to the Director of
the Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
SEC. 218. (a) The Biomedical Advanced Research and Development Authority (‘‘BARDA’’) may enter into a contract, for more
than one but no more than 10 program years, for purchase of
research services or of security countermeasures, as that term is
defined in section 319F–2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–
6b(c)(1)(B)), if—
(1) funds are available and obligated—
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy
in administration, performance, and operation of BARDA’s programs.

H. R. 1625—392
(b) A contract entered into under this section—
(1) shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
SEC. 219. (a) The Secretary shall publish in the fiscal year
2020 budget justification and on Departmental Web sites information concerning the employment of full-time equivalent Federal
employees or contractors for the purposes of implementing, administering, enforcing, or otherwise carrying out the provisions of the
ACA, and the amendments made by that Act, in the proposed
fiscal year and each fiscal year since the enactment of the ACA.
(b) With respect to employees or contractors supported by all
funds appropriated for purposes of carrying out the ACA (and
the amendments made by that Act), the Secretary shall include,
at a minimum, the following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating
the program, project, or activity receiving such funds, the Federal operating division or office that administers such program,
and the amount of funding received in discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who—
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior
to the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
SEC. 220. The Secretary shall publish, as part of the fiscal
year 2020 budget of the President submitted under section 1105(a)
of title 31, United States Code, information that details the uses
of all funds used by the Centers for Medicare and Medicaid Services
specifically for Health Insurance Exchanges for each fiscal year
since the enactment of the ACA and the proposed uses for such
funds for fiscal year 2020. Such information shall include, for each
such fiscal year, the amount of funds used for each activity specified
under the heading ‘‘Health Insurance Exchange Transparency’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
SEC. 221. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the
Exchanges established under the Patient Protection and Affordable Care Act of 2010 pertaining to enrollments during the
open enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.

H. R. 1625—393
(b) The Committees on Appropriations of the House and Senate
must be notified at least 2 business days in advance of any public
release of enrollment information or the award of such grants.
SEC. 222. None of the funds made available by this Act from
the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other
accounts funded by this Act to the ‘‘Centers for Medicare and
Medicaid Services—Program Management’’ account, may be used
for payments under section 1342(b)(1) of Public Law 111–148
(relating to risk corridors).
SEC. 223. The Secretary shall include in the fiscal year 2020
budget justification an analysis of how section 2713 of the PHS
Act will impact eligibility for discretionary HHS programs.
(TRANSFER OF FUNDS)

SEC. 224. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002
of the ACA to the accounts specified, in the amounts specified,
and for the activities specified under the heading ‘‘Prevention and
Public Health Fund’’ in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary
may not further transfer these amounts.
(c) Funds transferred for activities authorized under section
2821 of the PHS Act shall be made available without reference
to section 2821(b) of such Act.
SEC. 225. Effective during the period beginning on November
1, 2015 and ending January 1, 2020, any provision of law that
refers (including through cross-reference to another provision of
law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening,
mammography, and prevention shall be administered by the Secretary involved as if—
(1) such reference to such current recommendations were
a reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and prevention last issued before 2009; and
(2) such recommendations last issued before 2009 applied
to any screening mammography modality under section 1861(jj)
of the Social Security Act (42 U.S.C. 1395x(jj)).
SEC. 226. In making Federal financial assistance, the provisions
relating to indirect costs in part 75 of title 45, Code of Federal
Regulations, including with respect to the approval of deviations
from negotiated rates, shall continue to apply to the National
Institutes of Health to the same extent and in the same manner
as such provisions were applied in the third quarter of fiscal year
2017. None of the funds appropriated in this or prior Acts or
otherwise made available to the Department of Health and Human
Services or to any department or agency may be used to develop
or implement a modified approach to such provisions, or to intentionally or substantially expand the fiscal effect of the approval
of such deviations from negotiated rates beyond the proportional
effect of such approvals in such quarter.

H. R. 1625—394
SEC. 227. In addition to the amounts otherwise available for
‘‘Centers for Medicare and Medicaid Services, Program Management’’, the Secretary of Health and Human Services may transfer
up to $305,000,000 to such account from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund to support program management activity
related to the Medicare Program: Provided, That except for the
foregoing purpose, such funds may not be used to support any
provision of Public Law 111–148 or Public Law 111–152 (or any
amendment made by either such Public Law) or to supplant any
other amounts within such account.
(TRANSFER OF FUNDS)

SEC. 228. The NIH Director may transfer funds specifically
appropriated for opioid addiction, opioid alternatives, pain management, and addiction treatment to other Institutes and Centers
of the NIH to be used for the same purpose 15 days after notifying
the Committees on Appropriations: Provided, That the transfer
authority provided in the previous proviso is in addition to any
other transfer authority provided by law.
SEC. 229. None of the funds made available by this Act to
carry out the Child Care and Development Block Grant Act of
1990 may be provided to any child care provider if a list of providers
(as mentioned in part 98 of title 45 of the Code of Federal Regulations, applicable to the Department of Health and Human Services,
Administration of Children and Families, and in the final rule
published in the Federal Register, Vol. 81, No. 190, on Sept. 30,
2016) indicates that a serious injury or death occurred at the
provider due to a substantiated health or safety violation.
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 2018’’.
TITLE III
DEPARTMENT OF EDUCATION
EDUCATION

FOR THE

DISADVANTAGED

For carrying out title I and subpart 2 of part B of title II
of the Elementary and Secondary Education Act of 1965 (referred
to in this Act as ‘‘ESEA’’) and section 418A of the Higher Education
Act of 1965 (referred to in this Act as ‘‘HEA’’), $16,443,790,000,
of which $5,525,990,000 shall become available on July 1, 2018,
and shall remain available through September 30, 2019, and of
which $10,841,177,000 shall become available on October 1, 2018,
and shall remain available through September 30, 2019, for academic year 2018–2019: Provided, That $6,459,401,000 shall be for
basic grants under section 1124 of the ESEA: Provided further,
That up to $5,000,000 of these funds shall be available to the
Secretary of Education (referred to in this title as ‘‘Secretary’’)
on October 1, 2017, to obtain annually updated local educational
agency-level census poverty data from the Bureau of the Census:
Provided further, That $1,362,301,000 shall be for concentration
grants under section 1124A of the ESEA: Provided further, That
$3,969,050,000 shall be for targeted grants under section 1125
of the ESEA: Provided further, That $3,969,050,000 shall be for
education finance incentive grants under section 1125A of the

H. R. 1625—395
ESEA: Provided further, That $217,000,000 shall be for carrying
out subpart 2 of part B of title II: Provided further, That $44,623,000
shall be for carrying out section 418A of the HEA.
IMPACT AID
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,414,112,000,
of which $1,270,242,000 shall be for basic support payments under
section 7003(b), $48,316,000 shall be for payments for children
with disabilities under section 7003(d), $17,406,000 shall be for
construction under section 7007(a), $73,313,000 shall be for Federal
property payments under section 7002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance under
section 7008: Provided, That for purposes of computing the amount
of a payment for an eligible local educational agency under section
7003(a) for school year 2017–2018, children enrolled in a school
of such agency that would otherwise be eligible for payment under
section 7003(a)(1)(B) of such Act, but due to the deployment of
both parents or legal guardians, or a parent or legal guardian
having sole custody of such children, or due to the death of a
military parent or legal guardian while on active duty (so long
as such children reside on Federal property as described in section
7003(a)(1)(B)), are no longer eligible under such section, shall be
considered as eligible students under such section, provided such
students remain in average daily attendance at a school in the
same local educational agency they attended prior to their change
in eligibility status.
SCHOOL IMPROVEMENT PROGRAMS
For carrying out school improvement activities authorized by
part B of title I, part A of title II, subpart 1 of part A of title
IV, part B of title IV, part B of title V, and parts B and C
of title VI of the ESEA; the McKinney-Vento Homeless Assistance
Act; section 203 of the Educational Technical Assistance Act of
2002; the Compact of Free Association Amendments Act of 2003;
and the Civil Rights Act of 1964, $5,158,467,000, of which
$3,329,902,000 shall become available on July 1, 2018, and remain
available through September 30, 2019, and of which $1,681,441,000
shall become available on October 1, 2018, and shall remain available through September 30, 2019, for academic year 2018–2019:
Provided, That $378,000,000 shall be for part B of title I: Provided
further, That $1,211,673,000 shall be for part B of title IV: Provided
further, That $36,397,000 shall be for part B of title VI and may
be used for construction, renovation, and modernization of any
elementary school, secondary school, or structure related to an
elementary school or secondary school, run by the Department
of Education of the State of Hawaii, that serves a predominantly
Native Hawaiian student body: Provided further, That $35,453,000
shall be for part C of title VI and shall be awarded on a competitive
basis, and also may be used for construction: Provided further,
That $52,000,000 shall be available to carry out section 203 of
the Educational Technical Assistance Act of 2002 and the Secretary
shall make such arrangements as determined to be necessary to
ensure that the Bureau of Indian Education has access to services
provided under this section: Provided further, That $16,699,000
shall be available to carry out the Supplemental Education Grants

H. R. 1625—396
program for the Federated States of Micronesia and the Republic
of the Marshall Islands: Provided further, That the Secretary may
reserve up to 5 percent of the amount referred to in the previous
proviso to provide technical assistance in the implementation of
these grants: Provided further, That $180,840,000 shall be for part
B of title V: Provided further, That $1,100,000,000 shall be available
for grants under subpart 1 of part A of title IV.
INDIAN EDUCATION
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $180,239,000, of which
$67,993,000 shall be for subpart 2 of part A of title VI and
$6,865,000 shall be for subpart 3 of part A of title VI.
INNOVATION

AND IMPROVEMENT

For carrying out activities authorized by subparts 1, 3 and
4 of part B of title II, and parts C, D, and E and subparts 1
and 4 of part F of title IV of the ESEA, $982,256,000: Provided,
That $278,515,000 shall be for subparts 1, 3 and 4 of part B
of title II and shall be made available without regard to sections
2201, 2231(b) and 2241: Provided further, That $583,741,000 shall
be for parts C, D, and E and subpart 4 of part F of title IV,
and shall be made available without regard to sections 4311,
4409(a), and 4601 of the ESEA: Provided further, That section
4303(d)(3)(A)(i) shall not apply to the funds available for part C
of title IV: Provided further, That of the funds available for part
C of title IV, the Secretary shall use $50,000,000 to carry out
section 4304, of which not more than $10,000,000 shall be available
to carry out section 4304(k), $120,000,000, to remain available
through March 31, 2019, to carry out section 4305(b), and not
more than $14,000,000 to carry out the activities in section
4305(a)(3): Provided further, That notwithstanding section 4601(b),
$120,000,000 shall be available through December 31, 2018 for
subpart 1 of part F of title IV.
SAFE SCHOOLS

AND

CITIZENSHIP EDUCATION

For carrying out activities authorized by subparts 2 and 3
of part F of title IV of the ESEA, $185,754,000: Provided, That
$90,000,000 shall be available for section 4631, of which up to
$5,000,000, to remain available until expended, shall be for the
Project School Emergency Response to Violence (‘‘Project SERV’’)
program: Provided further, That $17,500,000 shall be available for
section 4625: Provided further, That $78,254,000 shall be available
through December 31, 2018, for section 4624: Provided further,
That section 4623(b) of the ESEA shall apply to funds appropriated
for Promise Neighborhoods under this heading in prior appropriations acts: Provided further, That, no later than June 1, 2018,
the Secretary shall award extension grants under such section
on a competitive basis to implementation grantees that have demonstrated the ability to collect, track, and report longitudinal data
on performance indicators established by the Department and
required to be reported on annually as part of the initial
implementation grant; demonstrated the most positive and promising results during their initial implementation grant based on

H. R. 1625—397
such indicators, emphasizing getting children ready to learn; demonstrated a commitment to operating in the most underserved
and under-resourced, including rural, areas; and propose continuing
to pursue ambitious goals during an extension of that grant.
ENGLISH LANGUAGE ACQUISITION
For carrying out part A of title III of the ESEA, $737,400,000,
which shall become available on July 1, 2018, and shall remain
available through September 30, 2019, except that 6.5 percent
of such amount shall be available on October 1, 2017, and shall
remain available through September 30, 2019, to carry out activities
under section 3111(c)(1)(C).
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities Education
Act (IDEA) and the Special Olympics Sport and Empowerment
Act of 2004, $13,366,184,000, of which $3,845,585,000 shall become
available on July 1, 2018, and shall remain available through
September 30, 2019, and of which $9,283,383,000 shall become
available on October 1, 2018, and shall remain available through
September 30, 2019, for academic year 2018–2019: Provided, That
the amount for section 611(b)(2) of the IDEA shall be equal to
the lesser of the amount available for that activity during fiscal
year 2017, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in the
funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2017: Provided
further, That the Secretary shall, without regard to section 611(d)
of the IDEA, distribute to all other States (as that term is defined
in section 611(g)(2)), subject to the third proviso, any amount by
which a State’s allocation under section 611, from funds appropriated under this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the States’
relative populations of children aged 3 through 21 who are of
the same age as children with disabilities for whom the State
ensures the availability of a free appropriate public education under
this part, and 15 percent to States on the basis of the States’
relative populations of those children who are living in poverty:
Provided further, That the Secretary may not distribute any funds
under the previous proviso to any State whose reduction in allocation from funds appropriated under this heading made funds available for such a distribution: Provided further, That the States
shall allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f): Provided further, That the amount by which a State’s allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B)
and the amounts distributed to States under the previous provisos
in fiscal year 2012 or any subsequent year shall not be considered
in calculating the awards under section 611(d) for fiscal year 2013
or for any subsequent fiscal years: Provided further, That, notwithstanding the provision in section 612(a)(18)(B) regarding the fiscal
year in which a State’s allocation under section 611(d) is reduced
for failure to comply with the requirement of section 612(a)(18)(A),
the Secretary may apply the reduction specified in section
612(a)(18)(B) over a period of consecutive fiscal years, not to exceed
five, until the entire reduction is applied: Provided further, That

H. R. 1625—398
the Secretary may, in any fiscal year in which a State’s allocation
under section 611 is reduced in accordance with section
612(a)(18)(B), reduce the amount a State may reserve under section
611(e)(1) by an amount that bears the same relation to the maximum amount described in that paragraph as the reduction under
section 612(a)(18)(B) bears to the total allocation the State would
have received in that fiscal year under section 611(d) in the absence
of the reduction: Provided further, That the Secretary shall either
reduce the allocation of funds under section 611 for any fiscal
year following the fiscal year for which the State fails to comply
with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452
of the General Education Provisions Act (20 U.S.C. 1234a): Provided
further, That the funds reserved under 611(c) of the IDEA may
be used to provide technical assistance to States to improve the
capacity of the States to meet the data collection requirements
of sections 616 and 618 and to administer and carry out other
services and activities to improve data collection, coordination,
quality, and use under parts B and C of the IDEA: Provided
further, That the Secretary may use funds made available for the
State Personnel Development Grants program under part D, subpart 1 of IDEA to evaluate program performance under such subpart.
REHABILITATION SERVICES
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center
Act, $3,587,130,000, of which $3,452,931,000 shall be for grants
for vocational rehabilitation services under title I of the Rehabilitation Act: Provided, That the Secretary may use amounts provided
in this Act that remain available subsequent to the reallotment
of funds to States pursuant to section 110(b) of the Rehabilitation
Act for innovative activities aimed at improving the outcomes of
individuals with disabilities as defined in section 7(20)(B) of the
Rehabilitation Act, including activities aimed at improving the education and post-school outcomes of children receiving Supplemental
Security Income (‘‘SSI’’) and their families that may result in longterm improvement in the SSI child recipient’s economic status
and self-sufficiency: Provided further, That States may award subgrants for a portion of the funds to other public and private,
nonprofit entities: Provided further, That any funds made available
subsequent to reallotment for innovative activities aimed at
improving the outcomes of individuals with disabilities shall remain
available until September 30, 2019.
SPECIAL INSTITUTIONS

FOR

PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act to promote the Education of the
Blind of March 3, 1879, $27,431,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles
I and II of the Education of the Deaf Act of 1986, $73,000,000:
Provided, That from the total amount available, the Institute may

H. R. 1625—399
at its discretion use funds for the endowment program as authorized
under section 207 of such Act.
GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf
Act of 1986, $128,000,000: Provided, That from the total amount
available, the University may at its discretion use funds for the
endowment program as authorized under section 207 of such Act.
CAREER, TECHNICAL,

AND

ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006 and
the Adult Education and Family Literacy Act (‘‘AEFLA’’),
$1,830,686,000, of which $1,039,686,000 shall become available on
July 1, 2018, and shall remain available through September 30,
2019, and of which $791,000,000 shall become available on October
1, 2018, and shall remain available through September 30, 2019:
Provided, That of the amounts made available for AEFLA,
$13,712,000 shall be for national leadership activities under section
242.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3, and 10 of part A, and part
C of title IV of the HEA, $24,445,352,000, which shall remain
available through September 30, 2019.
The maximum Pell Grant for which a student shall be eligible
during award year 2018–2019 shall be $5,035.
STUDENT AID ADMINISTRATION
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A
of title VII of the Public Health Service Act, $1,678,943,000, to
remain available through September 30, 2019: Provided, That the
Secretary shall allocate new student loan borrower accounts to
eligible student loan servicers on the basis of their performance
compared to all loan servicers utilizing established common metrics,
and on the basis of the capacity of each servicer to process new
and existing accounts: Provided further, That the Secretary shall,
no later than September 30, 2017, allow student loan borrowers
who are consolidating Federal student loans to select from any
student loan servicer to service their new consolidated student
loan under the current student loan servicing contracts: Provided
further, That in order to promote accountability and high-quality
service to borrowers, the Secretary shall not award funding for
any contract solicitation for a new Federal student loan servicing
environment, including the solicitation for the FSA Next Generation
Processing and Servicing Environment as amended by the Department of Education on February 20, 2018, unless such an environment provides for the participation of multiple student loan
servicers that contract directly with the Department of Education
to manage a unique portfolio of borrower accounts and the full

H. R. 1625—400
life-cycle of loans from disbursement to pay-off with certain limited
exceptions, and allocates student loan borrower accounts to eligible
student loan servicers based on performance: Provided further, That
such servicers described in the previous proviso shall be evaluated
based on their ability to meet contract requirements, future
performance on the contracts, and history of compliance with
applicable consumer protections laws: Provided further, That to
the extent Federal Student Aid (FSA) permits student loan servicing
subcontracting, FSA shall hold such subcontractors accountable
for meeting the requirements of the contract: Provided further,
That FSA shall create a fee structure with contractors that provides
more support to borrowers at risk of being distressed.
HIGHER EDUCATION
For carrying out, to the extent not otherwise provided, titles
II, III, IV, V, VI, and VII of the HEA, the Mutual Educational
and Cultural Exchange Act of 1961, and section 117 of the Carl
D. Perkins Career and Technical Education Act of 2006,
$2,246,551,000: Provided, That notwithstanding any other provision
of law, funds made available in this Act to carry out title VI
of the HEA and section 102(b)(6) of the Mutual Educational and
Cultural Exchange Act of 1961 may be used to support visits
and study in foreign countries by individuals who are participating
in advanced foreign language training and international studies
in areas that are vital to United States national security and
who plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or international development: Provided further, That of the funds referred
to in the preceding proviso up to 1 percent may be used for program
evaluation, national outreach, and information dissemination activities: Provided further, That up to 1.5 percent of the funds made
available under chapter 2 of subpart 2 of part A of title IV of
the HEA may be used for evaluation.
HOWARD UNIVERSITY
For partial support of Howard University, $232,518,000, of
which not less than $3,405,000 shall be for a matching endowment
grant pursuant to the Howard University Endowment Act and
shall remain available until expended.
COLLEGE HOUSING

AND

ACADEMIC FACILITIES LOANS PROGRAM

For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of the
HEA, $435,000.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL
FINANCING PROGRAM ACCOUNT
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2019: Provided, 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, not to exceed

H. R. 1625—401
$313,863,000: Provided further, That these funds may be used to
support loans to public and private Historically Black Colleges
and Universities without regard to the limitations within section
344(a) of the HEA.
In addition, $10,000,000 shall be made available to provide
for the deferment of loans made under part D of title III of the
HEA to eligible institutions that are private Historically Black
Colleges and Universities, which apply for the deferment of such
a loan and demonstrate financial need for such deferment by having
a score of 2.6 or less on the Department of Education’s financial
responsibility test: Provided, That during the period of deferment
of such a loan, interest on the loan will not accrue or be capitalized,
and the period of deferment shall be for at least a period of 3fiscal years and not more than 6-fiscal years: Provided further,
That when determining priority for such institutions to receive
such a deferment, the Secretary shall give priority to institutions
that operated in a financial deficit for at least one of the previous
5 years according to audits provided to the Department, or were
sanctioned for financial related reasons by the agency or association
that accredited such institutions: Provided further, That the Secretary shall create and execute an outreach plan to work with
States and the Capital Financing Advisory Board to improve outreach to States and help additional public Historically Black Colleges and Universities participate in the program.
In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
INSTITUTE

OF

EDUCATION SCIENCES

For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational
Progress Authorization Act, section 208 of the Educational Technical
Assistance Act of 2002, and section 664 of the Individuals with
Disabilities Education Act, $613,462,000, which shall remain available through September 30, 2019: Provided, That funds available
to carry out section 208 of the Educational Technical Assistance
Act may be used to link Statewide elementary and secondary data
systems with early childhood, postsecondary, and workforce data
systems, or to further develop such systems: Provided further, That
up to $6,000,000 of the funds available to carry out section 208
of the Educational Technical Assistance Act may be used for awards
to public or private organizations or agencies to support activities
to improve data coordination, quality, and use at the local, State,
and national levels.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $430,000,000: Provided, That, notwithstanding any other provision of law, none of the funds provided
by this Act or provided by previous Appropriations Acts to the
Department of Education available for obligation or expenditure
in the current fiscal year may be used for any activity relating

H. R. 1625—402
to implementing a reorganization that decentralizes, reduces the
staffing level, or alters the responsibilities, structure, authority,
or functionality of the Budget Service of the Department of Education, relative to the organization and operation of the Budget
Service as in effect on January 1, 2018.
OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization
Act, $117,000,000.
OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $61,143,000.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation
of students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation
of any school or school system.
SEC. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of any
student to a school other than the school which is nearest the
student’s home, except for a student requiring special education,
to the school offering such special education, in order to comply
with title VI of the Civil Rights Act of 1964. For the purpose
of this section an indirect requirement of transportation of students
includes the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the pairing
of schools, or the clustering of schools, or any combination of grade
restructuring, pairing, or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
SEC. 303. No funds appropriated in this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(TRANSFER OF FUNDS)

SEC. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but
no such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority granted
by this section shall not be used to create any new program or
to fund any project or activity for which no funds are provided
in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.

H. R. 1625—403
SEC. 305. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix))
shall be applied by substituting ‘‘2018’’ for ‘‘2017’’.
SEC. 306. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA shall
be available from July 1, 2018, through September 30, 2019.
SEC. 307. (a) An institution of higher education that maintains
an endowment fund supported with funds appropriated for title
III or V of the HEA for fiscal year 2018 may use the income
from that fund to award scholarships to students, subject to the
limitation in section 331(c)(3)(B)(i) of the HEA. The use of such
income for such purposes, prior to the enactment of this Act, shall
be considered to have been an allowable use of that income, subject
to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of
the HEA are reauthorized.
SEC. 308. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is
amended by striking ‘‘2017’’ and inserting ‘‘2018’’.
SEC. 309. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is
amended in paragraph (4) by striking ‘‘2017’’ and inserting ‘‘2018’’.
(RESCISSION)

SEC. 310. Section 401(b)(7)(A)(iv)(VIII) of the Higher Education
Act of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(VIII)) is amended by
striking ‘‘$1,382,000,000’’ and inserting ‘‘$1,334,000,000’’.
SEC. 311. (a) Notwithstanding any other provision of law except
as provided under subsection (c), with respect to a local educational
agency that was notified by the Secretary in fiscal year 2017 of
the agency’s eligibility to receive a basic support payment pursuant
to section 7003(b)(2)(B)(i)(III) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)(i)(III)) for fiscal
year 2017 but did not receive a payment under section 7003(b)(2)
of such Act for fiscal year 2017, in addition to payments received
by the local educational agency under section 7003(b)(1) of such
Act, the Secretary shall reserve from funds appropriated to carry
out section 7003(b) of such Act and make payments from such
funds to such local educational agency for fiscal years 2017, 2018,
2019, and 2020 in the following amounts:
(1) $3,000,000 for fiscal year 2017.
(2) $5,000,000 for fiscal year 2018.
(3) $4,000,000 for fiscal year 2019.
(4) $4,000,000 for fiscal year 2020.
(b) For fiscal year 2017, a local educational agency described
in subsection (a) shall not be eligible for a basic support payment
pursuant to section 7003(b)(2) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)(2)).
(c) For fiscal year 2018 and succeeding fiscal years, if a local
educational agency described in subsection (a) is eligible to receive
a basic support payment pursuant to section 7003(b)(2) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(b)(2)), the payment received by the local educational agency
shall be calculated under section 7003(b)(2) of such Act and not
under subsection (a).
(d) Section 7003(b)(2)(B) of the Elementary and Secondary Education Act (20 U.S.C. 7703(b)(2)(B)) is amended—
(1) in clause (i)(III)—

H. R. 1625—404
(A) in item (aa), by striking ‘‘and’’ after the semicolon;
(B) in item (bb)(BB)—
(i) by inserting ‘‘and received assistance for fiscal
year 2017 pursuant to subparagraph (G)’’ after ‘‘not
less than 65 percent’’; and
(ii) by inserting ‘‘and’’ after the semicolon; and
(C) by adding at the end the following:
‘‘(cc) received assistance under subparagraph (A) of section 8003(b)(2), as such section
was in effect on the day before the date of
enactment of the Every Student Succeeds Act
(Public Law 114–95; 129 Stat. 1802), for a
fiscal year prior to fiscal year 2017;’’; and
(2) by striking clause (iii) and inserting the following:
‘‘(iii) ELIGIBILITY.—
‘‘(I) FIRST TIME.—A local educational agency
seeking a payment under this paragraph for the
first time shall apply for and be determined eligible
under clause (i) for 2 consecutive years before
receiving such a payment, and shall not receive
such a payment for the first year of eligibility.
‘‘(II) RESUMPTION OF ELIGIBILITY.—A heavily
impacted local educational agency described in
clause (i) that becomes ineligible under such clause
for 1 or more fiscal years may resume eligibility
for a basic support payment under this paragraph
for a subsequent fiscal year only if the agency
meets the requirements of clause (i) for that subsequent fiscal year, except that such agency shall
not receive a basic support payment under this
paragraph until the fiscal year succeeding the
fiscal year for which the eligibility determination
is made.’’.
(e) Section 579(c)(2) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2145) is
amended, in the matter preceding subparagraph (A), by striking
‘‘for fiscal year 2017, 2018, or 2019,’’ and inserting ‘‘for fiscal year
2017 and any succeeding fiscal year,’’.
SEC. 312. For the purpose of providing temporary emergency
impact aid for displaced students under the Hurricane Education
Recovery heading in title VIII of subdivision 1 of division B of
the Bipartisan Budget Act of 2018 (Public Law 115–123), paragraph
(2)(E) under such heading is amended by inserting before the semicolon at the end the following: ‘‘and each reference to the end
of the 2005–2006 school year in section 107(f) of title IV of division
B of Public Law 109–148, shall be to December 31, 2018’’.
SEC. 313. (a) Notwithstanding the limitations on sharing data
described in paragraph (3)(E) of section 483(a) of the HEA, an
institution of higher education may, with explicit written consent
of an applicant who has completed a FAFSA under such section
483(a), provide such information collected from the applicant’s
FAFSA as is necessary to a scholarship granting organization,
including a tribal organization (defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5304)),
designated by the applicant to assist the applicant in applying
for and receiving financial assistance for the applicant’s cost of
attendance (defined in section 472 of the HEA) at that institution.

H. R. 1625—405
(b) An organization that receives information pursuant to subsection (a) shall not sell or otherwise share such information.
(c) This section shall be in effect until title IV of the HEA
is reauthorized.
SEC. 314. (a) IN GENERAL.—For the purpose of carrying out
section 435(a)(2) of the Higher Education Act of 1965 (20 U.S.C.
1085(a)(2)), the Secretary of Education may waive the requirements
under sections 435(a)(5)(A)(i) and 435(a)(5)(A)(ii) of such Act (20
U.S.C. 1085(a)(5)(A)(i) and 20 U.S.C. 1085(a)(5)(A)(ii))—
(1) for an institution of higher education that offers an
associate degree, is a public institution, and is located in an
economically distressed county, defined as a county that ranks
in the lowest 5 percent of all counties in the United States
based on a national index of county economic status; and
(2) for an institution—
(A) that is a public institution of higher education
or a Tribal College or University (as defined in section
316(b) of such Act (20 U.S.C. 1059c)); and
(B) whose fall enrollment for the most recently completed academic year was comprised of a majority of students who are Indian (as defined in such section) or Alaska
Natives (as defined in section 317(b) of such Act (20 U.S.C.
1059d(b)).
(b) APPLICABILITY.—Subsection (a) shall apply to an institution
of higher education that otherwise would be ineligible to participate
in a program under part A of title IV of the Higher Education
Act of 1965 on or after the date of enactment of this Act due
to the application of section 435(a)(2) of the Higher Education
Act of 1965 (20 U.S.C. 1085(a)(2)).
(c) COVERAGE.—This section shall be in effect for the period
covered by this Act and for the succeeding fiscal year.
SEC. 315. For an additional amount for ‘‘Department of Education—Federal Direct Student Loan Program Account’’,
$350,000,000, to remain available until expended, shall be for the
cost, as defined under section 502 of the Congressional Budget
Act of 1974, of the Secretary of Education providing loan cancellation in the same manner as under section 455(m) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(m)), for borrowers of loans
made under part D of title IV of such Act who would qualify
for loan cancellation under section 455(m) except some, or all,
of the 120 required payments under section 455(m)(1)(A) do not
qualify for purposes of the program because they were monthly
payments made in accordance with graduated or extended repayment plans as described under subparagraph (B) or (C) of section
455(d)(1) or the corresponding repayment plan for a consolidation
loan made under section 455(g) and that were less than the amount
calculated under section 455(d)(1)(A), based on a 10-year repayment
period: Provided, That the monthly payment made 12 months before
the borrower applied for loan cancellation as described in the matter
preceding this proviso and the most recent monthly payment made
by the borrower at the time of such application were each not
less than the monthly amount that would be calculated under,
and for which the borrower would otherwise qualify for, clause
(i) or (iv) of section 455(m)(1)(A) regarding income-based or incomecontingent repayment plans, with exception for a borrower who
would have otherwise been eligible under this section but demonstrates an unusual fluctuation of income over the past 5 years:

H. R. 1625—406
Provided further, That the total loan volume, including outstanding
principal, fees, capitalized interest, or accrued interest, at application that is eligible for such loan cancellation by such borrowers
shall not exceed $500,000,000: Provided further, That the Secretary
shall develop and make available a simple method for borrowers
to apply for loan cancellation under this section within 60 days
of enactment of this Act: Provided further, That the Secretary
shall provide loan cancellation under this section to eligible borrowers on a first-come, first-serve basis, based on the date of
application and subject to both the limitation on total loan volume
at application for such loan cancellation specified in the second
proviso and the availability of appropriations under this section:
Provided further, That no borrower may, for the same service,
receive a reduction of loan obligations under both this section and
section 428J, 428K, 428L, or 460 of such Act.
SEC. 316. Of the amounts made available under this title under
the heading ‘‘Student Aid Administration’’, $2,300,000 shall be used
by the Secretary of Education to conduct outreach to borrowers
of loans made under part D of title IV of the Higher Education
Act of 1965 who may intend to qualify for loan cancellation under
455(m) of such Act (20 U.S.C. 1087e(m)), to ensure that borrowers
are meeting the terms and conditions of such loan cancellation:
Provided, That the Secretary shall specifically conduct outreach
to assist borrowers who would qualify for loan cancellation under
455(m) of such Act except that the borrower has made some, or
all, of the 120 required payments under a repayment plan that
is not described under section 455(m)(A) of such Act, to encourage
borrowers to enroll in a qualifying repayment plan: Provided further, That the Secretary shall also communicate to all Direct Loan
borrowers the full requirements of 455(m) of such Act and improve
the filing of employment certification by providing improved outreach and information such as outbound calls, electronic communications, ensuring prominent access to program requirements and
benefits on each servicer’s website, and creating an option for all
borrowers to complete the entire payment certification process electronically and on a centralized website.
CHILDREN OF FALLEN HEROES SCHOLARSHIP ACT

SEC. 317. Section 473(b) of the Higher Education Act of 1965
(20 U.S.C. 1087mm(b)) is amended—
(1) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘(in the case of a student who meets the requirement of subparagraph (B)(i)), or academic year 2018–2019
(in the case of a student who meets the requirement of
subparagraph (B)(ii)),’’ after ‘‘academic year 2009–2010’’;
and
(B) by amending subparagraph (B) to read as follows:
‘‘(B) whose parent or guardian was—
‘‘(i) a member of the Armed Forces of the United
States and died as a result of performing military
service in Iraq or Afghanistan after September 11,
2001; or
‘‘(ii) actively serving as a public safety officer and
died in the line of duty while performing as a public
safety officer; and’’;

H. R. 1625—407
(2) in paragraph (3)—
(A) by striking ‘‘Notwithstanding’’ and inserting the
following:
‘‘(A) ARMED FORCES.—Notwithstanding’’;
(B) by striking ‘‘paragraph (2)’’ and inserting ‘‘subparagraphs (A), (B)(i), and (C) of paragraph (2)’’; and
(C) by adding at the end the following:
‘‘(B) PUBLIC SAFETY OFFICERS.—Notwithstanding any
other provision of law, unless the Secretary establishes
an alternate method to adjust the expected family contribution, for each student who meets the requirements of subparagraphs (A), (B)(ii), and (C) of paragraph (2), a financial
aid administrator shall—
‘‘(i) verify with the student that the student is
eligible for the adjustment;
‘‘(ii) adjust the expected family contribution in
accordance with this subsection; and
‘‘(iii) notify the Secretary of the adjustment and
the student’s eligibility for the adjustment.’’; and
(3) by adding at the end the following:
‘‘(4) TREATMENT OF PELL AMOUNT.—Notwithstanding section 1212 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796d–1), in the case of a student
who receives an increased Federal Pell Grant amount under
this section, the total amount of such Federal Pell Grant,
including the increase under this subsection, shall not be
considered in calculating that student’s educational assistance
benefits under the Public Safety Officers’ Benefits program
under subpart 2 of part L of title I of such Act.
‘‘(5) DEFINITION OF PUBLIC SAFETY OFFICER.—For purposes
of this subsection, the term ‘public safety officer’ means—
‘‘(A) a public safety officer, as defined in section 1204
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796b); or
‘‘(B) a fire police officer, defined as an individual who—
‘‘(i) is serving in accordance with State or local
law as an officially recognized or designated member
of a legally organized public safety agency;
‘‘(ii) is not a law enforcement officer, a firefighter,
a chaplain, or a member of a rescue squad or ambulance crew; and
‘‘(iii) provides scene security or directs traffic—
‘‘(I) in response to any fire drill, fire call, or
other fire, rescue, or police emergency; or
‘‘(II) at a planned special event.’’.
SEC. 318. Notwithstanding any other provision of law funds
awarded under part D of title IV of the Elementary and Secondary
Education Act of 1965 for fiscal years 2017 and 2018 may be
used for the purposes in section 4407(a)(9) of such Act.
This title may be cited as the ‘‘Department of Education Appropriations Act, 2018’’.

H. R. 1625—408
TITLE IV
RELATED AGENCIES
COMMITTEE

FOR

PURCHASE FROM PEOPLE WHO ARE BLIND
SEVERELY DISABLED

OR

SALARIES AND EXPENSES

For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled established under section 8502 of title 41, United States Code, $8,250,000: Provided,
That in order to authorize any central nonprofit agency designated
pursuant to section 8503(c) of title 41, United States Code, to
perform contract requirements of the Committee as prescribed
under section 51–3.2 of title 41, Code of Federal Regulations, the
Committee shall enter into a written agreement with any such
central nonprofit agency: Provided further, That such agreement
entered into under the preceding proviso shall contain such
auditing, oversight, and reporting provisions as necessary to implement chapter 85 of title 41, United States Code: Provided further,
That such agreement shall include the elements listed under this
heading in the explanatory statement accompanying Public Law
114–113: Provided further, That a fee may not be charged under
section 51–3.5 of title 41, Code of Federal Regulations, unless such
fee is under the terms of the written agreement between the Committee and any such central nonprofit agency: Provided further,
That no less than $1,250,000 shall be available for the Office
of Inspector General.
CORPORATION

FOR

NATIONAL

AND

COMMUNITY SERVICE

OPERATING EXPENSES

For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ‘‘CNCS’’) to carry
out the Domestic Volunteer Service Act of 1973 (referred to in
this title as ‘‘1973 Act’’) and the National and Community Service
Act of 1990 (referred to in this title as ‘‘1990 Act’’), $767,629,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds
may be used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and electronic
management of the grants cycle; (2) $17,538,000 shall be available
to provide assistance to State commissions on national and community service, under section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) of the 1990 Act; (3) $32,000,000 shall
be available to carry out subtitle E of the 1990 Act; and (4)
$5,400,000 shall be available for expenses authorized under section
501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions
of section 198P shall be awarded by CNCS on a competitive basis:
Provided further, That for the purposes of carrying out the 1990
Act, satisfying the requirements in section 122(c)(1)(D) may include
a determination of need by the local community.

H. R. 1625—409
PAYMENT TO THE NATIONAL SERVICE TRUST
(INCLUDING TRANSFER OF FUNDS)

For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $206,842,000, to remain available until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ‘‘Operating Expenses’’ allocated to grants under subtitle C of title I of the 1990 Act to
the National Service Trust upon determination that such transfer
is necessary to support the activities of national service participants
and after notice is transmitted to the Committees on Appropriations
of the House of Representatives and the Senate: Provided further,
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the 1990
Act without regard to the requirement to apportion funds under
31 U.S.C. 1513(b).
SALARIES AND EXPENSES

For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of the
1973 Act, including payment of salaries, authorized travel, hire
of passenger motor vehicles, the rental of conference rooms in
the District of Columbia, the employment of experts and consultants
authorized under 5 U.S.C. 3109, and not to exceed $2,500 for
official reception and representation expenses, $83,737,000.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,750,000.
ADMINISTRATIVE PROVISIONS

SEC. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice
and comment rulemaking. For fiscal year 2018, during any grant
selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding
such selection, directly or indirectly, to any person other than
an officer or employee of CNCS that is authorized by CNCS to
receive such information.
SEC. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that they
receive AmeriCorps funding, and thereafter shall meet the overall
minimum share requirement as provided in section 2521.60 of title
45, Code of Federal Regulations, without regard to the operating
costs match requirement in section 121(e) or the member support
Federal share limitations in section 140 of the 1990 Act, and subject
to partial waiver consistent with section 2521.70 of title 45, Code
of Federal Regulations.
SEC. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and operations
under titles I and II of the 1973 Act or subtitle B, C, D, or
E of title I of the 1990 Act shall be used to supplement and
not supplant current programs and operations.

H. R. 1625—410
SEC. 404. In addition to the requirements in section 146(a)
of the 1990 Act, use of an educational award for the purpose
described in section 148(a)(4) shall be limited to individuals who
are veterans as defined under section 101 of the Act.
SEC. 405. For the purpose of carrying out section 189D of
the 1990 Act—
(1) entities described in paragraph (a) of such section shall
be considered ‘‘qualified entities’’ under section 3 of the National
Child Protection Act of 1993 (‘‘NCPA’’);
(2) individuals described in such section shall be considered
‘‘volunteers’’ under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent
with Public Law 92–544.
SEC. 406. Notwithstanding sections 139(b), 146 and 147 of
the 1990 Act, an individual who successfully completes a term
of service of not less than 1,200 hours during a period of not
more than one year may receive a national service education award
having a value of 70 percent of the value of a national service
education award determined under section 147(a) of the Act.
CORPORATION

FOR

PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting
(‘‘CPB’’), as authorized by the Communications Act of 1934, an
amount which shall be available within limitations specified by
that Act, for the fiscal year 2020, $445,000,000: Provided, That
none of the funds made available to CPB by this Act shall be
used to pay for receptions, parties, or similar forms of entertainment
for Government officials or employees: Provided further, That none
of the funds made available to CPB by this Act shall be available
or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or
sex: Provided further, That none of the funds made available to
CPB by this Act shall be used to apply any political test or qualification in selecting, appointing, promoting, or taking any other personnel action with respect to officers, agents, and employees of
CPB: Provided further, That none of the funds made available
to CPB by this Act shall be used to support the Television Future
Fund or any similar purpose.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system and other
technologies and services that create infrastructure and efficiencies
within the public media system, $20,000,000.
FEDERAL MEDIATION

AND

CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service (‘‘Service’’) to carry out the functions vested in it
by the Labor-Management Relations Act, 1947, including hire of
passenger motor vehicles; for expenses necessary for the LaborManagement Cooperation Act of 1978; and for expenses necessary
for the Service to carry out the functions vested in it by the
Civil Service Reform Act, $46,650,000, including up to $900,000

H. R. 1625—411
to remain available through September 30, 2019, for activities
authorized by the Labor-Management Cooperation Act of 1978:
Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up
to full-cost recovery, for special training activities and other conflict
resolution services and technical assistance, including those provided to foreign governments and international organizations, and
for arbitration services shall be credited to and merged with this
account, and shall remain available until expended: Provided further, That fees for arbitration services shall be available only for
education, training, and professional development of the agency
workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts
of services and real, personal, or other property in the aid of
any projects or functions within the Director’s jurisdiction.
FEDERAL MINE SAFETY

AND

HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health
Review Commission, $17,184,000.
INSTITUTE

OF

MUSEUM

AND

LIBRARY SERVICES

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND
ADMINISTRATION

For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $240,000,000.
MEDICAID

AND

CHIP PAYMENT

AND

ACCESS COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1900 of the Social
Security Act, $8,480,000.
MEDICARE PAYMENT ADVISORY COMMISSION
SALARIES AND EXPENSES

For expenses necessary to carry out section 1805 of the Social
Security Act, $12,545,000, to be transferred to this appropriation
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.
NATIONAL COUNCIL

ON

DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973,
$3,250,000.

H. R. 1625—412
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, and other laws, $274,224,000: Provided, That
no part of this appropriation shall be available to organize or
assist in organizing agricultural laborers or used in connection
with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in
section 2(3) of the Act of July 5, 1935, and as amended by the
Labor-Management Relations Act, 1947, and as defined in section
3(f) of the Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of ditches,
canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the water
stored or supplied thereby is used for farming purposes.
ADMINISTRATIVE PROVISIONS

SEC. 407. None of the funds provided by this Act or previous
Acts making appropriations for the National Labor Relations Board
may be used to issue any new administrative directive or regulation
that would provide employees any means of voting through any
electronic means in an election to determine a representative for
the purposes of collective bargaining.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $13,800,000.
OCCUPATIONAL SAFETY

AND

HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health
Review Commission, $13,225,000.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974,
$22,000,000, which shall include amounts becoming available in
fiscal year 2018 pursuant to section 224(c)(1)(B) of Public Law
98–76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to the
amount by which the product of recipients and the average benefit
received exceeds the amount available for payment of vested dual
benefits: Provided, That the total amount provided herein shall
be credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.

H. R. 1625—413
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2019, which shall be the maximum
amount available for payment pursuant to section 417 of Public
Law 98–76.
LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board
(‘‘Board’’) for administration of the Railroad Retirement Act and
the Railroad Unemployment Insurance Act, $123,500,000, to be
derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund: Provided, That
notwithstanding section 7(b)(9) of the Railroad Retirement Act this
limitation may be used to hire attorneys only through the excepted
service: Provided further, That the previous proviso shall not change
the status under Federal employment laws of any attorney hired
by the Railroad Retirement Board prior to January 1, 2013: Provided further, That $10,000,000, to remain available until expended,
shall be used to supplement, not supplant, existing resources
devoted to operations and improvements for the Board’s Information
Technology Investment Initiatives.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $11,000,000, to be
derived from the railroad retirement accounts and railroad
unemployment insurance account.
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, as
provided under sections 201(m) and 1131(b)(2) of the Social Security
Act, $11,400,000.
SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92–603, section 212 of Public Law 93–
66, as amended, and section 405 of Public Law 95–216, including
payment to the Social Security trust funds for administrative
expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $38,487,277,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the
current fiscal year and not obligated by the State during that
year shall be returned to the Treasury: Provided further, That
not more than $101,000,000 shall be available for research and
demonstrations under sections 1110, 1115, and 1144 of the Social
Security Act, and remain available through September 30, 2020.

H. R. 1625—414
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal year,
such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2019,
$19,500,000,000, to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official reception
and representation expenses, not more than $12,753,945,000 may
be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to in
such section: Provided, That not less than $2,300,000 shall be
for the Social Security Advisory Board: Provided further, That
$280,000,000 shall remain available until expended for information
technology modernization, including related hardware and software
infrastructure and equipment, and for administrative expenses
directly associated with information technology modernization: Provided further, That $100,000,000 shall remain available through
September 30, 2019, for activities to address the disability hearings
backlog within the Office of Hearings Operations: Provided further,
That unobligated balances of funds provided under this paragraph
at the end of fiscal year 2018 not needed for fiscal year 2018
shall remain available until expended to invest in the Social Security Administration information technology and telecommunications
hardware and software infrastructure, including related equipment
and non-payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure: Provided further, That the Commissioner of Social Security shall notify
the Committees on Appropriations of the House of Representatives
and the Senate prior to making unobligated balances available
under the authority in the previous proviso: Provided further, That
reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies, regulations,
or procedures referred to in section 7135(b) of such title shall
be made by the Secretary of the Treasury, with interest, from
amounts in the general fund not otherwise appropriated, as soon
as possible after such expenditures are made.
Of the total amount made available under this heading, not
more than $1,735,000,000, to remain available through March 31,
2019, is for the costs associated with continuing disability reviews
under titles II and XVI of the Social Security Act, including workrelated continuing disability reviews to determine whether earnings
derived from services demonstrate an individual’s ability to engage
in substantial gainful activity, for the cost associated with conducting redeterminations of eligibility under title XVI of the Social
Security Act, for the cost of co-operative disability investigation
units, and for the cost associated with the prosecution of fraud
in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys: Provided, That,
of such amount, $273,000,000 is provided to meet the terms of
section 251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency

H. R. 1625—415
Deficit Control Act of 1985, as amended, and $1,462,000,000 is
additional new budget authority specified for purposes of section
251(b)(2)(B) of such Act: Provided further, That the Commissioner
shall provide to the Congress (at the conclusion of the fiscal year)
a report on the obligation and expenditure of these funds, similar
to the reports that were required by section 103(d)(2) of Public
Law 104–121 for fiscal years 1996 through 2002.
In addition, $118,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3)
of Public Law 93–66, which shall remain available until expended.
To the extent that the amounts collected pursuant to such sections
in fiscal year 2018 exceed $118,000,000, the amounts shall be
available in fiscal year 2019 only to the extent provided in advance
in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act,
which shall remain available until expended.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $30,000,000, together with not to exceed $75,500,000, to be
transferred and expended as authorized by section 201(g)(1) of
the Social Security Act from the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration,
to be merged with this account, to be available for the time and
purposes for which this account is available: Provided, That notice
of such transfers shall be transmitted promptly to the Committees
on Appropriations of the House of Representatives and the Senate
at least 15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(TRANSFER OF FUNDS)

SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall
be used for the same purpose, and for the same periods of time,
for which they were originally appropriated.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained in this
Act or transferred pursuant to section 4002 of Public Law 111–
148 shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for

H. R. 1625—416
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State
or local legislature itself, or designed to support or defeat any
proposed or pending regulation, administrative action, or order
issued by the executive branch of any State or local government,
except in presentation to the executive branch of any State or
local government itself.
(b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed
to influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall include
any activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending,
or future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles
I and III, respectively, for official reception and representation
expenses; the Director of the Federal Mediation and Conciliation
Service is authorized to make available for official reception and
representation expenses not to exceed $5,000 from the funds available for ‘‘Federal Mediation and Conciliation Service, Salaries and
Expenses’’; and the Chairman of the National Mediation Board
is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for
‘‘National Mediation Board, Salaries and Expenses’’.
SEC. 505. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipients of Federal research grants, shall clearly state—
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project
or program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
SEC. 506. (a) None of the funds appropriated in this Act, and
none of the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for any abortion.

H. R. 1625—417
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
this Act, shall be expended for health benefits coverage that includes
coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
SEC. 507. (a) The limitations established in the preceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the
pregnancy itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State’s or
locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State’s or locality’s contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide,
pay for, provide coverage of, or refer for abortions.
(2) In this subsection, the term ‘‘health care entity’’ includes
an individual physician or other health care professional, a hospital,
a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care
facility, organization, or plan.
SEC. 508. (a) None of the funds made available in this Act
may be used for—
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses
in utero under 45 CFR 46.204(b) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human embryo
or embryos’’ includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or
any other means from one or more human gametes or human
diploid cells.
SEC. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the schedules

H. R. 1625—418
of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executivecongressional communications.
(b) The limitation in subsection (a) shall not apply when there
is significant medical evidence of a therapeutic advantage to the
use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advantage.
SEC. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act providing for, or providing for
the assignment of, a unique health identifier for an individual
(except in an individual’s capacity as an employer or a health
care provider), until legislation is enacted specifically approving
the standard.
SEC. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if—
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary
of Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required
by that section for the most recent year for which such requirement was applicable to such entity.
SEC. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriation Act.
SEC. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section 224(f)
of such Act, as amended by the Children’s Internet Protection
Act, unless such library has made the certifications required by
paragraph (4) of such section.
SEC. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 2018, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such
reprogramming or of an announcement of intent relating to such

H. R. 1625—419
reprogramming, whichever occurs earlier, and are notified in writing
10 days in advance of such reprogramming.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2018, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds in excess of $500,000
or 10 percent, whichever is less, that—
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier, and are notified in writing
10 days in advance of such reprogramming.
SEC. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political affiliation
or voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or misleading.
SEC. 516. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit
an operating plan that details at the program, project, and activity
level any funding allocations for fiscal year 2018 that are different
than those specified in this Act, the accompanying detailed table
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) or the fiscal year
2018 budget request.
SEC. 517. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the
Senate a report on the number and amount of contracts, grants,
and cooperative agreements exceeding $500,000 in value and
awarded by the Department on a non-competitive basis during
each quarter of fiscal year 2018, but not to include grants awarded
on a formula basis or directed by law. Such report shall include
the name of the contractor or grantee, the amount of funding,
the governmental purpose, including a justification for issuing the
award on a non-competitive basis. Such report shall be transmitted
to the Committees within 30 days after the end of the quarter
for which the report is submitted.
SEC. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social Security,
for purposes of administering Social Security benefit payments
under title II of the Social Security Act, to process any claim

H. R. 1625—420
for credit for a quarter of coverage based on work performed under
a social security account number that is not the claimant’s number
and the performance of such work under such number has formed
the basis for a conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
SEC. 519. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and
Mexico establishing totalization arrangements between the social
security system established by title II of the Social Security Act
and the social security system of Mexico, which would not otherwise
be payable but for such agreement.
SEC. 520. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase sterile
needles or syringes for the hypodermic injection of any illegal drug:
Provided, That such limitation does not apply to the use of funds
for elements of a program other than making such purchases if
the relevant State or local health department, in consultation with
the Centers for Disease Control and Prevention, determines that
the State or local jurisdiction, as applicable, is experiencing, or
is at risk for, a significant increase in hepatitis infections or an
HIV outbreak due to injection drug use, and such program is
operating in accordance with State and local law.
SEC. 521. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 522. None of the funds made available under this or
any other Act, or any prior Appropriations Act, may be provided
to the Association of Community Organizations for Reform Now
(ACORN), or any of its affiliates, subsidiaries, allied organizations,
or successors.
SEC. 523. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M–12–12 dated
May 11, 2012, and requirements contained in the annual appropriations bills relating to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
SEC. 524. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated
at U.S. taxpayer expense. The funds used by a Federal agency
to carry out this requirement shall be derived from amounts made
available to the agency for advertising or other communications
regarding the programs and activities of the agency.
SEC. 525. (a) Federal agencies may use Federal discretionary
funds that are made available in this Act to carry out up to

H. R. 1625—421
10 Performance Partnership Pilots. Such Pilots shall be governed
by the provisions of section 526 of division H of Public Law 113–
76, except that in carrying out such Pilots section 526 shall be
applied by substituting ‘‘FISCAL YEAR 2018’’ for ‘‘FISCAL YEAR 2014’’
in the title of subsection (b) and by substituting ‘‘September 30,
2022’’ for ‘‘September 30, 2018’’ each place it appears: Provided,
That such pilots shall include communities that have experienced
civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to
the authority provided by section 526 of division H of Public Law
113–76, section 524 of division G of Public Law 113–235, section
525 of division H of Public Law 114–113, and section 525 of division
H of Public Law 115–31.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to
an additional 5 years to operate under such authorities.
SEC. 526. Not later than 30 days after the end of each calendar
quarter, beginning with the first quarter of fiscal year 2013, the
Departments of Labor, Health and Human Services and Education
and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate
a quarterly report on the status of balances of appropriations:
Provided, That for balances that are unobligated and uncommitted,
committed, and obligated but unexpended, the quarterly reports
shall separately identify the amounts attributable to each source
year of appropriation (beginning with fiscal year 2012, or, to the
extent feasible, earlier fiscal years) from which balances were
derived.
(RESCISSION)

SEC. 527. Of any available amounts appropriated under section
2104(a)(21) of the Social Security Act (42 U.S.C. 1397dd) that are
unobligated as of September 25, 2018, $3,572,000,000 are hereby
rescinded as of such date.
SEC. 528. Amounts deposited in the Child Enrollment Contingency Fund prior to the beginning of fiscal year 2018 under section
2104(n)(2) of the Social Security Act and the income derived from
investment of those funds pursuant to section 2104(n)(2)(C) of that
Act, shall not be available for obligation in this fiscal year.
SEC. 529. Of the amounts deposited in the Child Enrollment
Contingency Fund for fiscal year 2018 under section 2104(n)(2)
of the Social Security Act and the income derived from investment
of those funds pursuant to section 2104(n)(2)(C) of that Act,
$1,967,678,000 shall not be available for obligation in this fiscal
year.
(RESCISSION)

SEC. 530. Of the funds made available for purposes of carrying
out section 2105(a)(3) of the Social Security Act, $88,613,000 are
hereby rescinded.

H. R. 1625—422
(RESCISSION)

SEC. 531. Any unobligated balances of available amounts appropriated under section 108 of Public Law 111–3, as amended, other
than amounts subject to section 210(f) of the Social Security Act,
are hereby rescinded.
This division may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations Act, 2018’’.
DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS
ACT, 2018
TITLE I
LEGISLATIVE BRANCH
SENATE
EXPENSE ALLOWANCES
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader
of the Senate, $39,920; Minority Leader of the Senate, $39,920;
Majority Whip of the Senate, $9,980; Minority Whip of the Senate,
$9,980; President Pro Tempore Emeritus, $15,000; Chairmen of
the Majority and Minority Conference Committees, $4,690 for each
Chairman; and Chairmen of the Majority and Minority Policy
Committees, $4,690 for each Chairman; in all, $189,840.
For representation allowances of the Majority and Minority
Leaders of the Senate, $14,070 for each such Leader; in all, $28,140.
SALARIES, OFFICERS

AND

EMPLOYEES

For compensation of officers, employees, and others as authorized by law, including agency contributions, $194,867,812, which
shall be paid from this appropriation as follows:
OFFICE OF THE VICE PRESIDENT

For the Office of the Vice President, $2,417,248.
OFFICE OF THE PRESIDENT PRO TEMPORE

For the Office of the President Pro Tempore, $723,466.
OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS

For the Office of the President Pro Tempore Emeritus,
$309,000.
OFFICES OF THE MAJORITY AND MINORITY LEADERS

For Offices of the Majority and Minority Leaders, $5,255,576.
OFFICES OF THE MAJORITY AND MINORITY WHIPS

For Offices of the Majority and Minority Whips, $3,359,424.

H. R. 1625—423
COMMITTEE ON APPROPRIATIONS

For salaries of the Committee on Appropriations, $15,142,000.
CONFERENCE COMMITTEES

For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman
of each such committee, $1,658,000 for each such committee; in
all, $3,316,000.
OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY
AND THE CONFERENCE OF THE MINORITY

For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $817,402.
POLICY COMMITTEES

For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,692,905 for each such committee; in all,
$3,385,810.
OFFICE OF THE CHAPLAIN

For Office of the Chaplain, $436,886.
OFFICE OF THE SECRETARY

For Office of the Secretary, $25,132,000.
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

For Office
$78,565,000.

of

the

Sergeant

at

Arms

and

Doorkeeper,

OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY

For Offices of the Secretary for the Majority and the Secretary
for the Minority, $1,810,000.
AGENCY CONTRIBUTIONS AND RELATED EXPENSES

For agency contributions for employee benefits, as authorized
by law, and related expenses, $54,198,000.
OFFICE

OF THE

LEGISLATIVE COUNSEL

OF THE

SENATE

For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $6,115,000.
OFFICE

OF

SENATE LEGAL COUNSEL

For salaries and expenses of the Office of Senate Legal Counsel,
$1,147,000.

H. R. 1625—424
EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRETARIES FOR THE MAJORITY AND MINORITY OF THE SENATE
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary
for the Majority of the Senate, $7,110; Secretary for the Minority
of the Senate, $7,110; in all, $28,440.
CONTINGENT EXPENSES

OF THE

SENATE

INQUIRIES AND INVESTIGATIONS

For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96–304), and
Senate Resolution 281, 96th Congress, agreed to March 11, 1980,
$133,265,000, of which $26,650,000 shall remain available until
September 30, 2020.
U.S. SENATE CAUCUS ON INTERNATIONAL NARCOTICS CONTROL

For expenses of the United States Senate Caucus on International Narcotics Control, $508,000.
SECRETARY OF THE SENATE

For expenses of the Office of the Secretary of the Senate,
$10,536,000 of which $7,036,000 shall remain available until September 30, 2022 and of which $4,100,000 shall remain available
until expended.
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $130,076,000, which shall remain available
until September 30, 2022.
MISCELLANEOUS ITEMS

For miscellaneous items, $18,870,349 which shall remain available until September 30, 2020.
SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT

For Senators’ Official Personnel and Office Expense Account,
$424,000,000 of which $20,128,950 shall remain available until
September 30, 2020.
OFFICIAL MAIL COSTS

For expenses necessary for official mail costs of the Senate,
$300,000.

H. R. 1625—425
ADMINISTRATIVE PROVISIONS
REQUIRING AMOUNTS REMAINING IN SENATORS’ OFFICIAL PERSONNEL
AND OFFICE EXPENSE ACCOUNT TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT

SEC. 101. Notwithstanding any other provision of law, any
amounts appropriated under this Act under the heading ‘‘SENATE’’
under the heading ‘‘CONTINGENT EXPENSES OF THE SENATE’’ under
the heading ‘‘SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE
ACCOUNT’’ shall be available for obligation only during the fiscal
year or fiscal years for which such amounts are made available.
Any unexpended balances under such allowances remaining after
the end of the period of availability shall be returned to the
Treasury in accordance with the undesignated paragraph under
the center heading ‘‘GENERAL PROVISION’’ under chapter XI
of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107)
and used for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury
considers appropriate).
SENATE PROCUREMENTS

SEC. 102. Section 6102 of title 41, United States Code, is
amended by adding at the end the following:
‘‘(i) SENATE.—Section 6101 of this title does not apply to agreements, contracts or purchases by any office of the Senate.’’.
STUDENT LOAN REPAYMENT FOR EMPLOYEES OF DEPARTING
SENATORS AND VICE PRESIDENTS

SEC. 103. (a) Section 102 of the Legislative Branch Appropriations Act, 2002 (2 U.S.C. 4579) is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (1) through (5) as
paragraphs (3) through (7), respectively;
(B) by inserting before paragraph (3), as so redesignated, the following:
‘‘(1) DEPARTURE DATE.—The term ‘departure date’ means
the earlier of—
‘‘(A) the date on which the term of a departing Senator
or Vice President ends; or
‘‘(B) the date on which the departing Senator or Vice
President will retire or resign.
‘‘(2) DEPARTING SENATOR OR VICE PRESIDENT.—The term
‘departing Senator or Vice President’ means a Senator or Vice
President who will not serve in the next term due to retirement,
resignation, a decision to not seek reelection, or a failure to
secure reelection.’’; and
(C) in paragraph (3)(B), as so redesignated, by striking
‘‘rate of basic pay for an employee for a position at ES1’’ and all that follows and inserting ‘‘rate of basic pay
payable for a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code.’’;
(2) in subsection (b)(1)(A)(ii), by striking ‘‘1-year’’;
(3) in subsection (c)(1)—
(A) by striking ‘‘The term’’ and inserting the following:

H. R. 1625—426
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the term’’; and
(B) by adding at the end the following:
‘‘(B) DEPARTING SENATORS AND VICE PRESIDENTS.—
After the date that is 1 year before the departure date
of a departing Senator or Vice President, the departing
Senator or Vice President may enter into a service agreement under this section with an eligible employee of the
office of the Senator or Vice President (including an eligible
employee who has completed a required period of employment under a previous service agreement) that includes
a required period of employment that—
‘‘(i) is less than 1 year; and
‘‘(ii) shall end on the last day of the last full
pay period ending on or before the departure date
of the departing Senator or Vice President.’’;
(4) in subsection (d)—
(A) in paragraph (2)—
(i) in subparagraph (A), by striking ‘‘or’’ at the
end;
(ii) in subparagraph (B), by striking ‘‘under subsection (f)(7).’’ and inserting a semicolon; and
(iii) by adding at the end the following:
‘‘(C) the agreement is terminated as provided under
subsection (f)(7)(A); or
‘‘(D) the employee separates from service with the office
of a departing Senator or Vice President.’’; and
(B) in paragraph (3), by inserting ‘‘(including a required
period of employment described in subsection (c)(1)(B))’’
after ‘‘required period of employment’’; and
(5) in subsection (f), by striking paragraph (7) and inserting
the following:
‘‘(7) CHANGE IN PAYMENTS.—
‘‘(A) REDUCTION.—
‘‘(i) IN GENERAL.—Notwithstanding the terms of
a service agreement under this section, the head of
an employing office may reduce the amount of student
loan payments made under the agreement if adequate
funds are not available to such office.
‘‘(ii) NOTICE.—If the head of an employing office
decides to reduce the amount of student loan payments
to an eligible employee under clause (i)—
‘‘(I) the employing office shall concurrently
notify the eligible employee and the Secretary of
the Senate of the reduction; and
‘‘(II) not later than 30 days after the date
of the concurrent notice, the eligible employee may
terminate the service agreement.
‘‘(B) INCREASE.—Notwithstanding the terms of a service
agreement under this section, the head of an employing
office, with the consent of an eligible employee, may
increase the amount of student loan payments made under
the agreement with the eligible employee, if—
‘‘(i) the office has adequate funds available for
the purpose of agreements under this section;
‘‘(ii) the amount of the increased payment does
not exceed the limitations under this section; and

H. R. 1625—427
‘‘(iii) the total amount of the loan payments to
be made (including such increase) during the
remainder of the required period of employment does
not exceed the amount of student loan indebtedness
of the eligible employee as of the date of the increase.’’.
(b) The amendments made by this section shall—
(1) take effect on the date of enactment of this Act; and
(2) apply to a service agreement under section 102 of the
Legislative Branch Appropriations Act, 2002 (2 U.S.C. 4579)
that is in effect on the date of enactment of this Act or entered
into on or after the date of enactment of this Act.
HOUSE OF REPRESENTATIVES
SALARIES

AND

EXPENSES

For salaries and expenses of the House of Representatives,
$1,200,000,766, as follows:
HOUSE LEADERSHIP OFFICES
For salaries and expenses, as authorized by law, $22,278,891,
including: Office of the Speaker, $6,645,417, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,180,048, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $7,114,471, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$1,886,632, including $5,000 for official expenses of the Majority
Whip; Office of the Minority Whip, including the Chief Deputy
Minority Whip, $1,459,639, including $5,000 for official expenses
of the Minority Whip; Republican Conference, $1,505,426; Democratic Caucus, $1,487,258: Provided, That such amount for salaries
and expenses shall remain available from January 3, 2018 until
January 2, 2019.
MEMBERS’ REPRESENTATIONAL ALLOWANCES
INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES
MEMBERS, AND OFFICIAL MAIL

OF

For Members’ representational allowances, including Members’
clerk hire, official expenses, and official mail, $562,632,498.
COMMITTEE EMPLOYEES
STANDING COMMITTEES, SPECIAL

AND

SELECT

For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $127,053,373: Provided,
That such amount shall remain available for such salaries and
expenses until December 31, 2018, except that $3,150,200 of such
amount shall remain available until expended for committee room
upgrading.

H. R. 1625—428
COMMITTEE

ON

APPROPRIATIONS

For salaries and expenses of the Committee on Appropriations,
$23,226,000, including studies and examinations of executive agencies and temporary personal services for such committee, to be
expended in accordance with section 202(b) of the Legislative
Reorganization Act of 1946 and to be available for reimbursement
to agencies for services performed: Provided, That such amount
shall remain available for such salaries and expenses until
December 31, 2018.
SALARIES, OFFICERS

AND

EMPLOYEES

For compensation and expenses of officers and employees, as
authorized by law, $204,356,000, including: for salaries and
expenses of the Office of the Clerk, including the positions of the
Chaplain and the Historian, and including not more than $25,000
for official representation and reception expenses, of which not
more than $20,000 is for the Family Room and not more than
$2,000 is for the Office of the Chaplain, $27,945,000; for salaries
and expenses of the Office of the Sergeant at Arms, including
the position of Superintendent of Garages and the Office of Emergency Management, and including not more than $3,000 for official
representation and reception expenses, $20,505,000 of which
$6,696,000 shall remain available until expended; for salaries and
expenses of the Office of the Chief Administrative Officer including
not more than $3,000 for official representation and reception
expenses, $132,865,000, of which $2,108,000 shall remain available
until expended; for salaries and expenses of the Office of the
Inspector General, $4,968,000; for salaries and expenses of the
Office of General Counsel, $1,492,000; for salaries and expenses
of the Office of the Parliamentarian, including the Parliamentarian,
$2,000 for preparing the Digest of Rules, and not more than $1,000
for official representation and reception expenses, $2,037,000; for
salaries and expenses of the Office of the Law Revision Counsel
of the House, $3,209,000; for salaries and expenses of the Office
of the Legislative Counsel of the House, $9,937,000; for salaries
and expenses of the Office of Interparliamentary Affairs, $814,000;
for other authorized employees, $584,000.
ALLOWANCES

AND

EXPENSES

For allowances and expenses as authorized by House resolution
or law, $260,454,004, including: supplies, materials, administrative
costs and Federal tort claims, $3,625,000; official mail for committees, leadership offices, and administrative offices of the House,
$190,000; Government contributions for health, retirement, Social
Security, and other applicable employee benefits, $233,040,004, to
remain available until March 31, 2019; Business Continuity and
Disaster Recovery, $16,186,000 of which $5,000,000 shall remain
available until expended; transition activities for new members
and staff, $2,273,000, to remain available until expended; Wounded
Warrior Program $2,750,000, to remain available until expended;
Office of Congressional Ethics, $1,670,000; and miscellaneous items
including purchase, exchange, maintenance, repair and operation
of House motor vehicles, interparliamentary receptions, and gratuities to heirs of deceased employees of the House, $720,000.

H. R. 1625—429
ADMINISTRATIVE PROVISIONS
REQUIRING AMOUNTS REMAINING IN MEMBERS’ REPRESENTATIONAL
ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE
THE FEDERAL DEBT

SEC. 110. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES—MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be available only for fiscal year 2018.
Any amount remaining after all payments are made under such
allowances for fiscal year 2018 shall be deposited in the Treasury
and used for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury
considers appropriate).
(b) REGULATIONS.—The Committee on House Administration
of the House of Representatives shall have authority to prescribe
regulations to carry out this section.
(c) DEFINITION.—As used in this section, the term ‘‘Member
of the House of Representatives’’ means a Representative in, or
a Delegate or Resident Commissioner to, the Congress.
DELIVERY OF BILLS AND RESOLUTIONS

SEC. 111. None of the funds made available in this Act may
be used to deliver a printed copy of a bill, joint resolution, or
resolution to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress)
unless the Member requests a copy.
DELIVERY OF CONGRESSIONAL RECORD

SEC. 112. None of the funds made available by this Act may
be used to deliver a printed copy of any version of the Congressional
Record to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress).
LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES

SEC. 113. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of Representatives to make any payments from any Members’ Representational Allowance for the leasing of a vehicle, excluding mobile
district offices, in an aggregate amount that exceeds $1,000 for
the vehicle in any month.
LIMITATION ON PRINTED COPIES OF U.S. CODE TO HOUSE

SEC. 114. None of the funds made available by this Act may
be used to provide an aggregate number of more than 50 printed
copies of any edition of the United States Code to all offices of
the House of Representatives.
DELIVERY OF REPORTS OF DISBURSEMENTS

SEC. 115. None of the funds made available by this Act may
be used to deliver a printed copy of the report of disbursements
for the operations of the House of Representatives under section

H. R. 1625—430
106 of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 5535) to the office of a Member
of the House of Representatives (including a Delegate or Resident
Commissioner to the Congress).
DELIVERY OF DAILY CALENDAR

SEC. 116. None of the funds made available by this Act may
be used to deliver to the office of a Member of the House of
Representatives (including a Delegate or Resident Commissioner
to the Congress) a printed copy of the Daily Calendar of the House
of Representatives which is prepared by the Clerk of the House
of Representatives.
DELIVERY OF CONGRESSIONAL PICTORIAL DIRECTORY

SEC. 117. None of the funds made available by this Act may
be used to deliver a printed copy of the Congressional Pictorial
Directory to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress).
AMENDING THE HOUSE SERVICES REVOLVING FUND

SEC. 118. (a) COLLECTION OF CERTAIN SERVICE FEES.—Section
105(a) of the Legislative Branch Appropriations Act, 2005 (2 U.S.C.
5545(a)) is amended by adding at the end the following new paragraph:
‘‘(7) The collection of a service fee from vendors of the
Master Web Services Agreement or the Technology Services
Contract for failure to abide by and maintain House of Representatives security policies.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
TRANSFER OF FUNDS

SEC. 119. (a) Notwithstanding any other provision of law, upon
completion of the second fiscal year which begins after the end
of the period during which amounts appropriated under any of
the items under the heading ‘‘House of Representatives, Salaries
and Expenses’’ are available for obligation or expenditure, any
such amounts which remain unobligated and unexpended shall
be transferred to the heading ‘‘House of Representatives, Salaries
and Expenses, Allowances and Expenses’’ and shall be available
until expended for purposes of House of Representatives Business
Continuity and Disaster Recovery.
(b) Subsection (a) does not apply to amounts appropriated under
the heading ‘‘House of Representatives, Salaries and Expenses,
Members’ Representational Allowances’’.
(c) The Chief Administrative Officer of the House of Representatives shall notify the Committee on Appropriations of the House
of Representatives prior to the obligation or expenditure of any
amounts transferred under subsection (a).
(d) This section shall apply with respect to amounts appropriated for fiscal year 2018 or any succeeding fiscal year.

H. R. 1625—431
JOINT ITEMS
For Joint Committees, as follows:
JOINT ECONOMIC COMMITTEE
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
JOINT COMMITTEE

ON

TAXATION

For salaries and expenses of the Joint Committee on Taxation,
$11,169,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
For other joint items, as follows:
OFFICE

OF THE

ATTENDING PHYSICIAN

For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $725 per month to 2 assistants and
$580 per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,780,000 for reimbursement to the Department of
the Navy for expenses incurred for staff and equipment
assigned to the Office of the Attending Physician, which shall
be advanced and credited to the applicable appropriation or
appropriations from which such salaries, allowances, and other
expenses are payable and shall be available for all the purposes
thereof, $3,838,000, to be disbursed by the Chief Administrative
Officer of the House of Representatives.
OFFICE

OF

CONGRESSIONAL ACCESSIBILITY SERVICES
SALARIES

AND

EXPENSES

For salaries and expenses of the Office of Congressional Accessibility Services, $1,444,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
SALARIES
For salaries of employees of the Capitol Police, including overtime, hazardous duty pay, and Government contributions for health,
retirement, social security, professional liability insurance, and
other applicable employee benefits, $351,700,000 of which overtime
shall not exceed $45,000,000 unless the Committee on Appropriations of the House and Senate are notified, to be disbursed by
the Chief of the Capitol Police or his designee.

H. R. 1625—432
GENERAL EXPENSES
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment
and installation, uniforms, weapons, supplies, materials, training,
medical services, forensic services, stenographic services, personal
and professional services, the employee assistance program, the
awards program, postage, communication services, travel advances,
relocation of instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol Police
in connection with official representation and reception expenses,
$74,800,000, to be disbursed by the Chief of the Capitol Police
or his designee: Provided, That, notwithstanding any other provision
of law, the cost of basic training for the Capitol Police at the
Federal Law Enforcement Training Center for fiscal year 2018
shall be paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.
OFFICE OF COMPLIANCE
SALARIES

AND

EXPENSES

For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability Act
of 1995 (2 U.S.C. 1385), $4,959,000, of which $450,000 shall remain
available until September 30, 2019: Provided, That not more than
$500 may be expended on the certification of the Executive Director
of the Office of Compliance in connection with official representation
and reception expenses.
CONGRESSIONAL BUDGET OFFICE
SALARIES

AND

EXPENSES

For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to
be expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception expenses, $49,945,000.
ADMINISTRATIVE PROVISION
CONTRACTING PARITY

SEC. 130. In fiscal year 2018 and thereafter, for all contracts
for goods and services to which the Congressional Budget Office
is a party, the following Federal Acquisition Regulation (FAR)
clauses will apply: FAR 52.232–39 and FAR 52.233–4.
ARCHITECT OF THE CAPITOL
CAPITAL CONSTRUCTION

AND

OPERATIONS

For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities

H. R. 1625—433
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House
office buildings, and other facilities under the jurisdiction of the
Architect of the Capitol; including furnishings and office equipment;
including not more than $5,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may
approve; for purchase or exchange, maintenance, and operation
of a passenger motor vehicle, $93,478,000.
CAPITOL BUILDING
For all necessary expenses for the maintenance, care and operation of the Capitol, $45,300,000, of which $19,458,000 shall remain
available until September 30, 2022.
CAPITOL GROUNDS
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings,
and the Capitol Power Plant, $13,333,000, of which $3,195,000
shall remain available until September 30, 2022.
SENATE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to
be expended under the control and supervision of the Architect
of the Capitol, $101,614,000, of which $38,937,000 shall remain
available until September 30, 2022.
HOUSE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care and operation of the House office buildings, $197,294,000, of which
$73,130,000 shall remain available until September 30, 2022, and
of which $62,000,000 shall remain available until expended for
the restoration and renovation of the Cannon House Office Building.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $10,000,000, to remain available until
expended.
CAPITOL POWER PLANT
For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including
the purchase of electrical energy) and water and sewer services
for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden,
Senate garage, and air conditioning refrigeration not supplied from
plants in any of such buildings; heating the Government Publishing
Office and Washington City Post Office, and heating and chilled
water for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $106,694,000, of
which $28,057,000 shall remain available until September 30, 2022:

H. R. 1625—434
Provided, That not more than $9,000,000 of the funds credited
or to be reimbursed to this appropriation as herein provided shall
be available for obligation during fiscal year 2018.
LIBRARY BUILDINGS

AND

GROUNDS

For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and
grounds, $74,873,000, of which $47,500,000 shall remain available
until September 30, 2022.
CAPITOL POLICE BUILDINGS, GROUNDS

AND

SECURITY

For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United
States Capitol Police, wherever located, the Alternate Computing
Facility, and Architect of the Capitol security operations,
$34,249,000, of which $13,300,000 shall remain available until September 30, 2022.
BOTANIC GARDEN
For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds,
and collections; and purchase and exchange, maintenance, repair,
and operation of a passenger motor vehicle; all under the direction
of the Joint Committee on the Library, $13,800,000, of which
$3,000,000 shall remain available until September 30, 2022: Provided, That, of the amount made available under this heading,
the Architect of the Capitol may obligate and expend such sums
as may be necessary for the maintenance, care and operation of
the National Garden established under section 307E of the Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers
approved by the Architect of the Capitol or a duly authorized
designee.
CAPITOL VISITOR CENTER
For all necessary expenses for the operation of the Capitol
Visitor Center, $21,470,000.
ADMINISTRATIVE PROVISIONS
NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR OVER BUDGET

SEC. 140. None of the funds made available in this Act for
the Architect of the Capitol may be used to make incentive or
award payments to contractors for work on contracts or programs
for which the contractor is behind schedule or over budget, unless
the Architect of the Capitol, or agency-employed designee, determines that any such deviations are due to unforeseeable events,
government-driven scope changes, or are not significant within the
overall scope of the project and/or program.
SCRIMS

SEC. 141. None of the funds made available by this Act may
be used for scrims containing photographs of building facades during

H. R. 1625—435
restoration or construction projects performed by the Architect of
the Capitol.
LIBRARY OF CONGRESS
SALARIES

AND

EXPENSES

For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library’s catalogs; custody and custodial care of the Library
buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library;
operation and maintenance of the American Folklife Center in
the Library; preparation and distribution of catalog records and
other publications of the Library; hire or purchase of one passenger
motor vehicle; and expenses of the Library of Congress Trust Fund
Board not properly chargeable to the income of any trust fund
held by the Board, $477,017,000, of which not more than $6,000,000
shall be derived from collections credited to this appropriation
during fiscal year 2018, and shall remain available until expended,
under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from
collections during fiscal year 2018 and shall remain available until
expended for the development and maintenance of an international
legal information database and activities related thereto: Provided,
That the Library of Congress may not obligate or expend any
funds derived from collections under the Act of June 28, 1902,
in excess of the amount authorized for obligation or expenditure
in appropriations Acts: Provided further, That the total amount
available for obligation shall be reduced by the amount by which
collections are less than $6,350,000: Provided further, That of the
total amount appropriated, not more than $12,000 may be expended,
on the certification of the Librarian of Congress, in connection
with official representation and reception expenses for the Overseas
Field Offices: Provided further, That of the total amount appropriated, $8,653,000 shall remain available until expended for the
digital collections and educational curricula program: Provided further, That of the total amount appropriated, $1,300,000 shall remain
available until expended for upgrade of the Legislative Branch
Financial Management System: Provided further, That of the total
amount appropriated, $10,000,000 is provided to enhance public
exhibits and visitor services at the Library; of which $2,000,000
shall remain available until September 30, 2020 for planning,
including developing direct and indirect cost estimates in conjunction with the Architect of the Capitol; and of which $8,000,000,
to remain available until expended, may be obligated and expended
only upon written approval by the Chair and ranking minority
member of the Subcommittee on the Legislative Branch of the
Committee on Appropriations of the House of Representatives and
by the Chair and ranking minority member of the Subcommittee
on the Legislative Branch of the Committee on Appropriations
of the Senate, following review of a project budget justification
and cost estimate.

H. R. 1625—436
COPYRIGHT OFFICE
SALARIES AND EXPENSES

For all necessary expenses of the Copyright Office, $72,011,000,
of which not more than $35,218,000, to remain available until
expended, shall be derived from collections credited to this appropriation during fiscal year 2018 under section 708(d) of title 17,
United States Code: Provided, That the Copyright Office may not
obligate or expend any funds derived from collections under such
section, in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That not more than
$6,087,000 shall be derived from collections during fiscal year 2018
under sections 111(d)(2), 119(b)(3), 803(e), 1005, and 1316 of such
title: Provided further, That the total amount available for obligation
shall be reduced by the amount by which collections are less than
$41,305,000: Provided further, That $2,260,000 shall be derived
from prior year unobligated balances: Provided further, That not
more than $100,000 of the amount appropriated is available for
the maintenance of an ‘‘International Copyright Institute’’ in the
Copyright Office of the Library of Congress for the purpose of
training nationals of developing countries in intellectual property
laws and policies: Provided further, That not more than $6,500
may be expended, on the certification of the Librarian of Congress,
in connection with official representation and reception expenses
for activities of the International Copyright Institute and for copyright delegations, visitors, and seminars: Provided further, That,
notwithstanding any provision of chapter 8 of title 17, United States
Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title
may be used for the costs incurred in the administration of the
Copyright Royalty Judges program, with the exception of the costs
of salaries and benefits for the Copyright Royalty Judges and staff
under section 802(e).
CONGRESSIONAL RESEARCH SERVICE
SALARIES AND EXPENSES

For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166)
and to revise and extend the Annotated Constitution of the United
States of America, $119,279,000: Provided, That no part of such
amount may be used to pay any salary or expense in connection
with any publication, or preparation of material therefor (except
the Digest of Public General Bills), to be issued by the Library
of Congress unless such publication has obtained prior approval
of either the Committee on House Administration of the House
of Representatives or the Committee on Rules and Administration
of the Senate: Provided further, That this prohibition does not
apply to publication of non-confidential Congressional Research
Service (CRS) products: Provided further, That a non-confidential
CRS product includes any written product containing research or
analysis that is currently available for general congressional access
on the CRS Congressional Intranet, or that would be made available
on the CRS Congressional Intranet in the normal course of business

H. R. 1625—437
and does not include material prepared in response to Congressional
requests for confidential analysis or research.
BOOKS

FOR THE

BLIND

AND

PHYSICALLY HANDICAPPED

SALARIES AND EXPENSES

For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $51,498,000:
Provided, That of the total amount appropriated, $650,000 shall
be available to contract to provide newspapers to blind and physically handicapped residents at no cost to the individual.
ADMINISTRATIVE PROVISIONS
REIMBURSABLE AND REVOLVING FUND ACTIVITIES

SEC. 150. (a) IN GENERAL.—For fiscal year 2018, the
obligational authority of the Library of Congress for the activities
described in subsection (b) may not exceed $190,642,000.
(b) ACTIVITIES.—The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from
sources other than appropriations to the Library in appropriations
Acts for the legislative branch.
REVOLVING FUNDS UPDATE

SEC. 151. The Library of Congress Fiscal Operations Improvement Act of 2000 (2 U.S.C. 182a et seq.; Public Law 106–481)
is amended—
(1) in section 102 (2 U.S.C. 182b)—
(A) in the section heading, by striking the heading
and inserting ‘‘Revolving fund for sales shop and other
services’’; and
(B) in subsection (a), by adding at the end the following:
‘‘(5) Training.’’; and
(2) in section 103(f)(1) (2 U.S.C. 182c(f)(1)), by inserting
‘‘tribal governments (as defined in 40 U.S.C. 502(c)(2)(B))’’ after
‘‘Federal Government,’’.
GIFTS

SEC. 152. The first undesignated paragraph of section 4 of
the Act entitled ‘‘An Act to create a Library of Congress Trust
Fund Board, and for other purposes’’, approved March 3, 1925
(2 U.S.C. 160), is amended—
(1) in the first sentence—
(A) by striking ‘‘of money for immediate disbursement’’;
and
(B) by striking the period at the end and inserting
‘‘, of the following: (1) nonpersonal services; (2) voluntary
and uncompensated personal services not to exceed $10,000
per person, per year in value; and (3) gifts or bequests
of money for immediate disbursement.’’; and
(2) by adding the following sentence at the end of the
first paragraph: ‘‘The Librarian shall make an annual public
report regarding gifts accepted under this section.’’.

H. R. 1625—438
APPLICATION OF CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 TO
THE LIBRARY OF CONGRESS; ELECTION OF PROCEEDING

SEC. 153. (a) APPLICATION OF CONGRESSIONAL ACCOUNTABILITY
ACT OF 1995 TO THE LIBRARY OF CONGRESS.—
(1) APPLICATION THROUGH DEFINITIONS.—
(A) IN GENERAL.—Section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301) is amended—
(i) in paragraph (3)—
(I) in subparagraph (H), by striking ‘‘or’’ at
the end;
(II) in subparagraph (I), by striking the period
and inserting ‘‘; or’’; and
(III) by adding at the end the following:
‘‘(J) the Library of Congress, except for section 220.’’;
and
(ii) in paragraph (9)—
(I) in subparagraph (C), by striking ‘‘or’’ at
the end;
(II) in subparagraph (D), by striking the period
and inserting ‘‘; or’’; and
(III) by adding at the end the following:
‘‘(E) the Library of Congress, except for section 220.’’.
(B) PUBLIC SERVICES AND ACCOMMODATIONS.—Section
210(a) of the Congressional Accountability Act of 1995 (2
U.S.C. 1331(a)) is amended—
(i) in paragraph (9), by striking ‘‘and’’ at the end;
(ii) in paragraph (10), by striking the period and
inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(11) the Library of Congress.’’.
(C) LABOR-MANAGEMENT REGULATIONS.—Section 220(a)
of the Congressional Accountability Act of 1995 (2 U.S.C.
1351(a)) is amended—
(i) in paragraph (2), in the paragraph heading,
by striking ‘‘(2) DEFINITION.—’’ and inserting ‘‘(2)
APPLICATION.—’’ ; and
(ii) by adding at the end the following:
‘‘(3) DEFINITIONS.—For purposes of this section, the term
‘covered employee’ does not include an employee of the Library
of Congress, and the term ‘employing office’ does not include
the Library of Congress.’’.
(2) CONFORMING AMENDMENTS TO ACT.—The Congressional
Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended—
(A) in section 204(a)(2) (2 U.S.C. 1314(a)(2)), by striking
‘‘and the Library of Congress’’ each place it appears;
(B) in section 205(a)(2) (2 U.S.C. 1315(a)(2)), by striking
‘‘and the Library of Congress’’ each place it appears;
(C) in section 206(a)(2) (2 U.S.C. 1316(a)(2))—
(i) in subparagraph (B), by striking ‘‘and the
Library of Congress’’; and
(ii) in subparagraph (C), by striking ‘‘and the
Library of Congress’’;
(D) in section 215(a)(2) (2 U.S.C. 1341(a)(2))—
(i) in subparagraph (C), by striking ‘‘, the Library
of Congress,’’; and

H. R. 1625—439
(ii) in subparagraph (D), by striking ‘‘and the
Library of Congress’’; and
(E) in section 415(a) (2 U.S.C. 1415(a))—
(i) by striking the comma after ‘‘General
Accounting Office’’ and inserting ‘‘or’’; and
(ii) by striking ‘‘, or the Library of Congress’’.
(b) ELECTION OF PROCEEDING.—
(1) PROCEDURE.—Section 401(3) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1401(3)) is amended—
(A) in the matter preceding subparagraph (A), by
striking ‘‘either’’;
(B) in subparagraph (A), by striking ‘‘or’’ at the end;
(C) in subparagraph (B), by striking the period and
inserting ‘‘, or’’; and
(D) by adding at the end the following:
‘‘(C) in the case of an Library claimant (as defined
in section 404(a)), a proceeding described in section
404(b)(3) that relates to the violation at issue.’’.
(2) ELECTION.—Section 404 of the Congressional Accountability Act of 1995 (2 U.S.C. 1404) is amended—
(A) by striking ‘‘Not’’ and inserting the following:
‘‘(b) ELECTION AFTER PROCEEDINGS INITIALLY BROUGHT UNDER
THIS ACT.—Not’’; and
(B) by inserting after the section heading the following:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DIRECT ACT.—The term ‘direct Act’ means an Act (other
than this Act), or provision of the Revised Statutes, that is
specified in section 201, 202, 203, or 210.
‘‘(2) DIRECT PROVISION.—The term ‘direct provision’ means
a provision (including a definitional provision) of a direct Act
that applies the rights or protections of a direct Act (including
rights and protections relating to nonretaliation or noncoercion)
to a library claimant.
‘‘(3) LIBRARY CLAIMANT.—The term ‘Library claimant’
means—
‘‘(A) with respect to a direct provision (other than a
provision described in subparagraph (B)), an employee of
the Library of Congress who is covered by that direct
provision, and
‘‘(B) with respect to a direct provision that applies
the rights or protections of title II or III of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.,
12181 et seq.), an individual who is eligible to provide
services for or receive services from the Library of Congress
and who is covered by that provision.’’;
(C) in subsection (b), as added by subparagraph (A)
of this paragraph—
(i) in the matter preceding paragraph (1), by
striking ‘‘may either’’ and inserting ‘‘who initially
requested counseling and mediation under this title
may elect to’’;
(ii) in paragraph (1), by striking ‘‘or’’ at the end;
(iii) in paragraph (2), by striking the period and
inserting ‘‘, or’’; and
‘‘(3) in the case of a Library claimant, bring the claim,
complaint, or charge that is brought for a proceeding before

H. R. 1625—440
the corresponding Federal agency, under the corresponding
direct provision.’’; and
(D) by adding at the end the following:
‘‘(c) ELECTION AFTER PROCEEDINGS INITIALLY BROUGHT UNDER
OTHER CIVIL RIGHTS OR LABOR LAW.—A library claimant who initially brings a claim, complaint, or charge under a direct provision
for a proceeding before a Federal agency may, prior to requesting
a hearing under the agency’s procedures, elect to—
‘‘(1) bring any civil action relating to the claim, complaint,
or charge, that is available to the Library claimant,
‘‘(2) file a complaint with the Office in accordance with
section 405, or
‘‘(3) file a civil action in accordance with section 408 in
the United States district court for the district in which the
employee is employed or for the District of Columbia.’’.
(c) PROSPECTIVE APPLICABILITY.—This section and the amendments made by this section—
(1) shall take effect on the date of enactment of this section;
and
(2) shall apply to any charge, complaint, or claim, that
is made on or after the date of enactment of this section,
of a violation of—
(A) section 201, 202, 203, 207, or 210 of the Congressional Accountability Act of 1995 (2 U.S.C. 1311 et seq.);
or
(B) a direct provision as defined in section 404(a) of
the Congressional Accountability Act of 1995 (2 U.S.C.
1404) (as added by subsection (b)).
EQUAL ACCESS TO CONGRESSIONAL RESEARCH SERVICE REPORTS

SEC. 154. (a) DEFINITIONS.—
(1) CRS PRODUCT.—In this section, the term ‘‘CRS product’’
means any final written work product of CRS containing
research or analysis in any format that is available for general
congressional access on the CRS Congressional Intranet.
(2) CRS REPORT.—
(A) IN GENERAL.—In this section, the term ‘‘CRS
Report’’ means any written CRS product, including an
update to a previous written CRS product, consisting of—
(i) a Congressional Research Service Report; or
(ii) a Congressional Research Service Authorization of Appropriations Product and Appropriations
Product, which is available for general congressional
access on the CRS Congressional Intranet.
(B) EXCLUSIONS.—The term ‘‘CRS Report’’ does not
include—
(i) any CRS product that is determined by the
CRS Director to be a confidential product or service
because it was prepared in response to a congressional
request or requests for confidential analysis or research
and is not available for general congressional access
on the CRS Congressional Intranet;
(ii) any Congressional Research Service Report or
any Congressional Research Service Authorization of
Appropriations Product and Appropriations Product
reported or produced before the effective date of this

H. R. 1625—441
Act which, as of such effective date, is not available
for general congressional access on the CRS Congressional Intranet; or
(iii) a written CRS product that has been made
available by CRS for publication on a public website
maintained by the GPO Director (other than the
Website) or the Library of Congress.
(3) OTHER DEFINITIONS.—In this section—
(A) the term ‘‘CRS’’ means the Congressional Research
Service;
(B) the term ‘‘CRS Congressional Intranet’’ means the
Website maintained by CRS at www.crs.gov, or a successor
website, for the purpose of providing to Members and
employees of Congress access to information from CRS;
(C) the term ‘‘CRS Director’’ means the Director of
CRS;
(D) the term ‘‘Librarian of Congress’’ means the
Librarian of Congress appointed pursuant to 2 U.S.C. 136–
1;
(E) the term ‘‘Member of Congress’’ includes a Delegate
or Resident Commissioner to Congress; and
(F) the term ‘‘Website’’ means the website established
and maintained under subsection (b).
(b) AVAILABILITY OF CRS REPORTS THROUGH LIBRARY OF CONGRESS WEBSITE.—
(1) WEBSITE.—
(A) ESTABLISHMENT AND MAINTENANCE.—The Librarian
of Congress, in consultation with the CRS Director, shall
establish and maintain a public website containing CRS
Reports and an index of all CRS Reports contained on
the website, in accordance with this subsection.
(B) FORMAT.—On the Website, CRS Reports shall be
searchable, sortable, and downloadable, including
downloadable in bulk.
(C) FREE ACCESS.—Notwithstanding any other provision of law, the Librarian of Congress may not charge
a fee for access to the Website.
(2) UPDATES; DISCLAIMER.—The Librarian of Congress, in
consultation with the CRS Director, shall ensure that the
Website—
(A) is updated contemporaneously, automatically, and
electronically to include each new or updated CRS Report
released on or after the effective date of this section;
(B) shows the status of each CRS Report as new,
updated, or archived; and
(C) displays the following statement in reference to
the CRS Reports included on the Website: ‘‘These documents were prepared by the Congressional Research
Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It
operates solely at the behest of and under the direction
of Congress. Information in a CRS Report should not be
relied upon for purposes other than public understanding
of information that has been provided by CRS to Members
of Congress in connection with CRS’s institutional role.
CRS Reports, as a work of the United States Government,
are not subject to copyright protection in the United States.

H. R. 1625—442
Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as
a CRS Report may include copyrighted images or material
from a third party, you may need to obtain the permission
of the copyright holder if you wish to copy or otherwise
use copyrighted material.’’.
(3) FURNISHING OF NECESSARY INFORMATION AND TECHNOLOGY.—The CRS Director shall consult with and provide
assistance to the Librarian of Congress to ensure—
(A) that the Librarian of Congress is provided with
all of the information necessary to carry out this section,
including all of the information described in clauses (i)
through (iv) of subsection (c)(1)(A), in such format and
manner as the Librarian of Congress considers appropriate;
and
(B) that CRS makes available any information and
assistance as may be necessary to facilitate the contemporaneous, automatic, and electronic provision of CRS Reports
to the Librarian of Congress as required under this section.
(4) NONEXCLUSIVITY.—The Librarian of Congress may publish other information on the Website.
(5) ALTERNATIVE TECHNIQUES.—The Librarian of Congress
and the CRS Director may use additional techniques to make
CRS Reports available to the public, if such techniques are
consistent with this section and any other applicable laws.
(6) ADDITIONAL INFORMATION.—The CRS Director is encouraged to make additional CRS products that are not confidential
products or services available to the Librarian of Congress
for publication on the Website, and the Librarian of Congress
is encouraged to publish such CRS products on the Website.
(7) EXPANSION OF CONTENTS OF ANNUAL REPORT TO CONGRESS TO INCLUDE INFORMATION ON EFFORTS TO MAKE ADDITIONAL PRODUCTS AVAILABLE ON WEBSITE.—Section 203(i) of
the Legislative Reorganization Act of 1946 (2 U.S.C. 166(i))
is amended by striking the period at the end and inserting
the following: ‘‘, and shall include in the report a description
of the efforts made by the Director to make additional Congressional Research Service products that are not confidential products or services available to the Librarian of Congress for
publication on the website established and maintained under
section 124 of the Legislative Branch Appropriations Act,
2018.’’.
(c) WEBSITE CONTENTS.—
(1) SPECIFIC REQUIREMENTS FOR REPORTS POSTED ON
WEBSITE.—
(A) RESPONSIBILITIES OF LIBRARIAN OF CONGRESS.—
With respect to each CRS Report included on the Website,
the Librarian of Congress shall include—
(i) the name and identification number of the CRS
Report;
(ii) an indication as to whether the CRS Report
is new, updated, or archived;
(iii) the date of release of the CRS Report; and
(iv) any other information the Librarian of Congress, in consultation with the CRS Director, considers
appropriate.

H. R. 1625—443
(B) RESPONSIBILITIES OF CRS DIRECTOR.—With respect
to each CRS Report included on the Website, the CRS
Director shall, prior to transmitting the Report to the
Librarian of Congress—
(i) at the discretion of the CRS Director, remove
the name of and any contact information for any
employee of CRS; and
(ii) include in the CRS Report the following written
statement: ‘‘This document was prepared by the
Congressional Research Service (CRS). CRS serves as
nonpartisan shared staff to congressional committees
and Members of Congress. It operates solely at the
behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for
purposes other than public understanding of information that has been provided by CRS to Members of
Congress in connection with CRS’s institutional role.
CRS Reports, as a work of the United States Government, are not subject to copyright protection in the
United States. Any CRS Report may be reproduced
and distributed in its entirety without permission from
CRS. However, as this CRS Report may include copyrighted images or material from a third party, you
may need to obtain the permission of the copyright
holder if you wish to copy or otherwise use copyrighted
material.’’.
(2) SPECIFIC REQUIREMENTS FOR INDEX ON WEBSITE.—The
Librarian of Congress shall ensure that the index of all CRS
Reports published on the Website is—
(A) comprehensive;
(B) contemporaneously updated;
(C) searchable;
(D) sortable;
(E) maintained in a human-readable format;
(F) maintained in a structured data format;
(G) downloadable; and
(H) inclusive of each item of information described
in paragraph (1)(A) with respect to each CRS Report.
(d) CONFORMING AMENDMENT TO DUTIES OF CRS.—Section
203(d) of the Legislative Reorganization Act of 1946 (2 U.S.C.
166(d)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(9) to comply with the requirements of, and provide
information and technological assistance consistent with, section 124 of the Legislative Branch Appropriations Act, 2018.’’.
(e) RULES OF CONSTRUCTION.—
(1) NO EFFECT ON SPEECH OR DEBATE CLAUSE.—Nothing
in this section may be construed to diminish, qualify, condition,
waive, or otherwise affect the applicability of clause 1 of section
6 of article I of the Constitution of the United States (commonly
known as the ‘‘Speech or Debate Clause’’) or any other privilege
available to Congress or Members, offices, or employees of
Congress with respect to any CRS Report made available online
under this section.

H. R. 1625—444
(2) CONFIDENTIAL COMMUNICATIONS.—Nothing in this section may be construed to waive the requirement that any
confidential communication by CRS to a Member, office, or
committee of Congress shall remain under the custody and
control of Congress and may be released only by Congress
and its Houses, Members, offices, and committees, in accordance
with the rules and privileges of each House and the requirements of this section.
(3) DISSEMINATION OF CRS PRODUCTS.—Nothing in this section may be construed to limit or otherwise affect the ability
of a Member, office, or committee of Congress to disseminate
CRS products on a website of the Member, office, or committee
or to otherwise provide CRS products to the public, including
as part of constituent service activities.
(f) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in paragraph (2)(C),
this section and the amendments made by this section shall
take effect 90 days after the date on which the Librarian
of Congress submits the certification described in paragraph
(2)(B).
(2) PROVISION OF INFORMATION AND TECHNOLOGY.—
(A) CRS DEADLINE.—Not later than 90 days after the
date of enactment of this Act, the CRS Director shall provide the Librarian of Congress with the information necessary for the Librarian of Congress to begin the initial
operation of the Website.
(B) CERTIFICATION.—Upon provision of the information
described in subparagraph (A), the Librarian of Congress
shall submit to Congress a certification that the CRS
Director has provided the information necessary for the
Librarian of Congress to begin the initial operation of the
Website.
(C) TECHNICAL DELAYS.—In the event of technical difficulties encountered in planning or implementing the
requirements of this section and the amendments made
by this section, upon providing a detailed report submitted
by the Librarian of Congress or the CRS Director to the
Committees on Appropriations of the House and the Senate
detailing the nature of the technical difficulties and the
timeline for resolving such technical difficulties, the effective date established by subsection (f)(1) shall be extended
for up to 90 additional days.
GOVERNMENT PUBLISHING OFFICE
CONGRESSIONAL PUBLISHING
(INCLUDING TRANSFER OF FUNDS)

For authorized publishing of congressional information and the
distribution of congressional information in any format; publishing
of Government publications authorized by law to be distributed
to Members of Congress; and publishing, and distribution of Government publications authorized by law to be distributed without
charge to the recipient, $79,528,000: Provided, That this appropriation shall not be available for paper copies of the permanent edition
of the Congressional Record for individual Representatives, Resident

H. R. 1625—445
Commissioners or Delegates authorized under section 906 of title
44, United States Code: Provided further, That this appropriation
shall be available for the payment of obligations incurred under
the appropriations for similar purposes for preceding fiscal years:
Provided further, That notwithstanding the 2-year limitation under
section 718 of title 44, United States Code, none of the funds
appropriated or made available under this Act or any other Act
for printing and binding and related services provided to Congress
under chapter 7 of title 44, United States Code, may be expended
to print a document, report, or publication after the 27-month
period beginning on the date that such document, report, or publication is authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of title
44, United States Code: Provided further, That any unobligated
or unexpended balances in this account or accounts for similar
purposes for preceding fiscal years may be transferred to the
Government Publishing Office Business Operations Revolving Fund
for carrying out the purposes of this heading, subject to the approval
of the Committees on Appropriations of the House of Representatives and Senate: Provided further, That notwithstanding sections
901, 902, and 906 of title 44, United States Code, this appropriation
may be used to prepare indexes to the Congressional Record on
only a monthly and session basis.
PUBLIC INFORMATION PROGRAMS OF THE SUPERINTENDENT
DOCUMENTS

OF

SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For expenses of the public information programs of the Office
of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and international exchange libraries
as authorized by law, $29,000,000: Provided, That amounts of not
more than $2,000,000 from current year appropriations are authorized for producing and disseminating Congressional serial sets and
other related publications for fiscal years 2016 and 2017 to depository and other designated libraries: Provided further, That any
unobligated or unexpended balances in this account or accounts
for similar purposes for preceding fiscal years may be transferred
to the Government Publishing Office Business Operations Revolving
Fund for carrying out the purposes of this heading, subject to
the approval of the Committees on Appropriations of the House
of Representatives and Senate.
GOVERNMENT PUBLISHING OFFICE BUSINESS OPERATIONS
REVOLVING FUND
For payment to the Government Publishing Office Business
Operations Revolving Fund, $8,540,000, to remain available until
expended, for information technology development and facilities
repair: Provided, That the Government Publishing Office is hereby
authorized to make such expenditures, within the limits of funds
available and in accordance with law, and to make such contracts

H. R. 1625—446
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 programs and purposes set forth
in the budget for the current fiscal year for the Government Publishing Office Business Operations Revolving Fund: Provided further, That not more than $7,500 may be expended on the certification of the Director of the Government Publishing Office in
connection with official representation and reception expenses: Provided further, That the Business Operations Revolving Fund shall
be available for the hire or purchase of not more than 12 passenger
motor vehicles: Provided further, That expenditures in connection
with travel expenses of the advisory councils to the Director of
the Government Publishing Office shall be deemed necessary to
carry out the provisions of title 44, United States Code: Provided
further, That the Business Operations Revolving Fund shall be
available for temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for individuals
not more than the daily equivalent of the annual rate of basic
pay for level V of the Executive Schedule under section 5316 of
such title: Provided further, That activities financed through the
Business Operations Revolving Fund may provide information in
any format: Provided further, That the Business Operations
Revolving Fund and the funds provided under the heading ‘‘Public
Information Programs of the Superintendent of Documents’’ may
not be used for contracted security services at Government Publishing Office’s passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
SALARIES

AND

EXPENSES

For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States in
connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than
the daily equivalent of the annual rate of basic pay for level IV
of the Executive Schedule under section 5315 of such title; hire
of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States
Code; benefits comparable to those payable under sections 901(5),
(6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in foreign
countries, $578,916,653: Provided, That of this amount $10,000,000
is provided for information technology investments and building
facility projects to remain available until September 30, 2019: Provided further, That, in addition, $23,800,000 of payments received
under sections 782, 791, 3521, and 9105 of title 31, United States
Code, shall be available without fiscal year limitation: Provided
further, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member
of the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum shall be available to finance an appropriate share of either Forum’s costs as determined by the respective

H. R. 1625—447
Forum, including necessary travel expenses of non-Federal participants: Provided further, That payments hereunder to the Forum
may be credited as reimbursements to any appropriation from which
costs involved are initially financed: Provided further, That this
appropriation shall be available to transfer amounts to the Department of the Army for the construction of an Army facility at
Redstone Arsenal for the sole, unlimited use of GAO: Provided
further, That hereafter, amounts appropriated for the salaries and
expenses of the Government Accountability Office shall be available
to transfer to the Department of the Army for the maintenance
of such facility.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership Center
under section 313 of the Legislative Branch Appropriations Act,
2001 (2 U.S.C. 1151), $5,600,000: Provided, That funds made available to support Russian participants shall only be used for those
engaging in free market development, humanitarian activities, and
civic engagement, and shall not be used for officials of the central
government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING
AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John
C. Stennis Center for Public Service Training and Development
Act (2 U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
MAINTENANCE AND CARE OF PRIVATE VEHICLES

SEC. 201. No part of the funds appropriated in this Act shall
be used for the maintenance or care of private vehicles, except
for emergency assistance and cleaning as may be provided under
regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for
the Senate issued by the Committee on Rules and Administration.
FISCAL YEAR LIMITATION

SEC. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2018 unless
expressly so provided in this Act.
RATES OF COMPENSATION AND DESIGNATION

SEC. 203. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32
et seq.) is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from
that specifically established by such Act, the rate of compensation
and the designation in this Act shall be the permanent law with

H. R. 1625—448
respect thereto: Provided, That the provisions in this Act for the
various items of official expenses of Members, officers, and committees of the Senate and House of Representatives, and clerk hire
for Senators and Members of the House of Representatives shall
be the permanent law with respect thereto.
CONSULTING SERVICES

SEC. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, under
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 under existing law.
COSTS OF LBFMC

SEC. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the Legislative
Branch Financial Managers Council (LBFMC) established by
charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except
that the total LBFMC costs to be shared among all participating
legislative branch entities (in such allocations among the entities
as the entities may determine) may not exceed $2,000.
LIMITATION ON TRANSFERS

SEC. 206. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriation Act.
GUIDED TOURS OF THE CAPITOL

SEC. 207. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in this
Act may be used to eliminate or restrict guided tours of the United
States Capitol which are led by employees and interns of offices
of Members of Congress and other offices of the House of Representatives and Senate, unless through regulations as authorized by
section 402(b)(8) of the Capitol Visitor Center Act of 2008 (2 U.S.C.
2242(b)(8)).
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol
which are led by employees and interns described in subsection
(a) may be suspended temporarily or otherwise subject to restriction
for security or related reasons to the same extent as guided tours
of the United States Capitol which are led by the Architect of
the Capitol.
This division may be cited as the ‘‘Legislative Branch Appropriations Act, 2018’’.

H. R. 1625—449
DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS
ACT, 2018
TITLE I
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION, ARMY
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation,
and for construction and operation of facilities in support of the
functions of the Commander in Chief, $923,994,000, to remain
available until September 30, 2022: Provided, That, of this amount,
not to exceed $101,470,000 shall be available for study, planning,
design, architect and engineer services, and host nation support,
as authorized by law, unless the Secretary of the Army determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor.
MILITARY CONSTRUCTION, NAVY

AND

MARINE CORPS

For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently
authorized by law, including personnel in the Naval Facilities
Engineering Command and other personal services necessary for
the purposes of this appropriation, $1,553,275,000, to remain available until September 30, 2022: Provided, That, of this amount,
not to exceed $219,069,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination
and the reasons therefor.
MILITARY CONSTRUCTION, AIR FORCE
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized
by law, $1,543,558,000, to remain available until September 30,
2022: Provided, That, of this amount, not to exceed $97,852,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of
the Air Force determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the reasons
therefor.

H. R. 1625—450
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)

For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of
Defense (other than the military departments), as currently authorized by law, $2,811,513,000, to remain available until September
30, 2022: Provided, That such amounts of this appropriation as
may be determined by the Secretary of Defense may be transferred
to such appropriations of the Department of Defense available for
military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided further, That, of the amount, not to
exceed $210,717,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless
the Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor: Provided further, That the Director of
the Missile Defense Agency shall provide quarterly reports to the
congressional defense committees on the construction timeline and
obligations for the Poland Aegis Ashore complex.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $220,652,000, to remain available
until September 30, 2022: Provided, That, of the amount, not to
exceed $16,271,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless
the Director of the Army National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $171,491,000, to remain available until
September 30, 2022: Provided, That, of the amount, not to exceed
$18,000,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor.

H. R. 1625—451
MILITARY CONSTRUCTION, ARMY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$83,712,000, to remain available until September 30, 2022: Provided, That, of the amount, not to exceed $6,887,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Chief of the Army Reserve
determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
MILITARY CONSTRUCTION, NAVY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $95,271,000, to remain available
until September 30, 2022: Provided, That, of the amount, not to
exceed $24,430,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law, unless
the Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination
and the reasons therefor.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air Force Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$73,535,000, to remain available until September 30, 2022: Provided, That, of the amount, not to exceed $4,725,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Chief of the Air Force
Reserve determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That, the Chief of the Air Force Reserve
shall take immediate action to address unfunded military construction requirements for access control points and security issues at
Air Force Reserve facilities.
NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations
(including international military headquarters) and for related
expenses for the collective defense of the North Atlantic Treaty
Area as authorized by section 2806 of title 10, United States Code,

H. R. 1625—452
and Military Construction Authorization Acts, $177,932,000, to
remain available until expended.
DEPARTMENT

OF

DEFENSE BASE CLOSURE ACCOUNT

For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base Closure
and Realignment Act of 1990 (10 U.S.C. 2687 note), $310,000,000,
to remain available until expended.
FAMILY HOUSING CONSTRUCTION, ARMY
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension,
and alteration, as authorized by law, $182,662,000, to remain available until September 30, 2022: Provided, That none of the funds
provided under this heading for family housing construction may
be expended for family housing improvements on Kwajalein Atoll
until the Secretary of the Army certifies to the congressional defense
committees that the new housing units represent the best value
to the taxpayer and that no reasonable alternatives exist at a
lower cost.
FAMILY HOUSING OPERATION

AND

MAINTENANCE, ARMY

For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as
authorized by law, $348,907,000.
FAMILY HOUSING CONSTRUCTION, NAVY

AND

MARINE CORPS

For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$83,682,000, to remain available until September 30, 2022.
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY
MARINE CORPS

AND

For expenses of family housing for the Navy and Marine Corps
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and insurance
premiums, as authorized by law, $328,282,000.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $85,062,000, to remain
available until September 30, 2022.
FAMILY HOUSING OPERATION

AND

MAINTENANCE, AIR FORCE

For expenses of family housing for the Air Force for operation
and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as
authorized by law, $318,324,000.

H. R. 1625—453
FAMILY HOUSING OPERATION

AND

MAINTENANCE, DEFENSE-WIDE

For expenses of family housing for the activities and agencies
of the Department of Defense (other than the military departments)
for operation and maintenance, leasing, and minor construction,
as authorized by law, $59,169,000.
DEPARTMENT

OF

DEFENSE

FAMILY HOUSING IMPROVEMENT FUND
For the Department of Defense Family Housing Improvement
Fund, $2,726,000, to remain available until expended, for family
housing initiatives undertaken pursuant to section 2883 of title
10, United States Code, providing alternative means of acquiring
and improving military family housing and supporting facilities.
DEPARTMENT

OF

DEFENSE

MILITARY UNACCOMPANIED HOUSING IMPROVEMENT FUND
For the Department of Defense Military Unaccompanied
Housing Improvement Fund, $623,000, to remain available until
expended, for unaccompanied housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military unaccompanied
housing and supporting facilities.
ADMINISTRATIVE PROVISIONS
SEC. 101. None of the funds made available in this title shall
be expended for payments under a cost-plus-a-fixed-fee contract
for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
SEC. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
SEC. 103. Funds made available in this title for construction
may be used for advances to the Federal Highway Administration,
Department of Transportation, for the construction of access roads
as authorized by section 210 of title 23, United States Code, when
projects authorized therein are certified as important to the national
defense by the Secretary of Defense.
SEC. 104. None of the funds made available in this title may
be used to begin construction of new bases in the United States
for which specific appropriations have not been made.
SEC. 105. None of the funds made available in this title shall
be used for purchase of land or land easements in excess of 100
percent of the value as determined by the Army Corps of Engineers
or the Naval Facilities Engineering Command, except: (1) where
there is a determination of value by a Federal court; (2) purchases
negotiated by the Attorney General or the designee of the Attorney
General; (3) where the estimated value is less than $25,000; or
(4) as otherwise determined by the Secretary of Defense to be
in the public interest.
SEC. 106. None of the funds made available in this title shall
be used to: (1) acquire land; (2) provide for site preparation; or

H. R. 1625—454
(3) install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for military construction.
SEC. 107. None of the funds made available in this title for
minor construction may be used to transfer or relocate any activity
from one base or installation to another, without prior notification
to the Committees on Appropriations of both Houses of Congress.
SEC. 108. None of the funds made available in this title may
be used for the procurement of steel for any construction project
or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for
such steel procurement.
SEC. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
SEC. 110. None of the funds made available in this title may
be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress.
SEC. 111. None of the funds made available in this title may
be obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished
in Japan, in any North Atlantic Treaty Organization member
country, or in countries bordering the Arabian Gulf, unless such
contracts are awarded to United States firms or United States
firms in joint venture with host nation firms.
SEC. 112. None of the funds made available in this title for
military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering
the Arabian Gulf, may be used to award any contract estimated
by the Government to exceed $1,000,000 to a foreign contractor:
Provided, That this section shall not be applicable to contract
awards for which the lowest responsive and responsible bid of
a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract
awards for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a Marshallese
contractor.
SEC. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees
on Appropriations, of plans and scope of any proposed military
exercise involving United States personnel 30 days prior to its
occurring, if amounts expended for construction, either temporary
or permanent, are anticipated to exceed $100,000.
SEC. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
SEC. 115. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed
for obligation, expired or lapsed funds may be used to pay the
cost of associated supervision, inspection, overhead, engineering
and design on those projects and on subsequent claims, if any.
SEC. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency

H. R. 1625—455
for the construction of military projects may be obligated for a
military construction project or contract, or for any portion of such
a project or contract, at any time before the end of the fourth
fiscal year after the fiscal year for which funds for such project
were made available, if the funds obligated for such project: (1)
are obligated from funds available for military construction projects;
and (2) do not exceed the amount appropriated for such project,
plus any amount by which the cost of such project is increased
pursuant to law.
(INCLUDING TRANSFER OF FUNDS)

SEC. 117. Subject to 30 days prior notification, or 14 days
for a notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated
for construction in ‘‘Family Housing’’ accounts, to be merged with
and to be available for the same purposes and for the same period
of time as amounts appropriated directly to the Fund; or (2) the
Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ‘‘Military Construction’’ accounts, to be
merged with and to be available for the same purposes and for
the same period of time as amounts appropriated directly to the
Fund: Provided, That appropriations made available to the Funds
shall be available to cover the costs, as defined in section 502(5)
of the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United States
Code, pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and supporting facilities.
(INCLUDING TRANSFER OF FUNDS)

SEC. 118. In addition to any other transfer authority available
to the Department of Defense, amounts may be transferred from
the Department of Defense Base Closure Account to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for expenses
associated with the Homeowners Assistance Program incurred
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be
merged with and be available for the same purposes and for the
same time period as the fund to which transferred.
SEC. 119. Notwithstanding any other provision of law, funds
made available in this title for operation and maintenance of family
housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer
quarters: Provided, That not more than $35,000 per unit may
be spent annually for the maintenance and repair of any general
or flag officer quarters without 30 days prior notification, or 14
days for a notification provided in an electronic medium pursuant
to sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, except
that an after-the-fact notification shall be submitted if the limitation

H. R. 1625—456
is exceeded solely due to costs associated with environmental
remediation that could not be reasonably anticipated at the time
of the budget submission: Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation
and maintenance expenditures for each individual general or flag
officer quarters for the prior fiscal year.
SEC. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title 10,
United States Code, are appropriated and shall be available until
expended for the purposes specified in subsection (i)(1) of such
section or until transferred pursuant to subsection (i)(3) of such
section.
(INCLUDING TRANSFER OF FUNDS)

SEC. 121. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such
appropriations will not be necessary for the liquidation of obligations
or for making authorized adjustments to such appropriations for
obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ‘‘Foreign Currency Fluctuations,
Construction, Defense’’, to be merged with and to be available
for the same time period and for the same purposes as the appropriation to which transferred.
SEC. 122. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the Secretary
of the Army to relocate a unit in the Army that—
(1) performs a testing mission or function that is not performed by any other unit in the Army and is specifically stipulated in title 10, United States Code; and
(2) is located at a military installation at which the total
number of civilian employees of the Department of the Army
and Army contractor personnel employed exceeds 10 percent
of the total number of members of the regular and reserve
components of the Army assigned to the installation.
(b) EXCEPTION.—Subsection (a) shall not apply if the Secretary
of the Army certifies to the congressional defense committees that
in proposing the relocation of the unit of the Army, the Secretary
complied with Army Regulation 5–10 relating to the policy, procedures, and responsibilities for Army stationing actions.
SEC. 123. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military
construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R,
Volume 3, Chapter 7, of March 2011, as in effect on the date
of enactment of this Act.
SEC. 124. None of the funds made available in this title may
be obligated or expended for planning and design and construction
of projects at Arlington National Cemetery.

H. R. 1625—457
SEC. 125. For an additional amount for the accounts and in
the amounts specified, to remain available until September 30,
2022:
‘‘Military Construction, Army’’, $93,800,000, of which
$25,000,000 is for planning and design;
‘‘Military Construction, Navy and Marine Corps’’,
$202,130,000, of which $25,000,000 is for planning and design;
‘‘Military Construction, Air Force’’, $138,100,000, of which
$25,000,000 is for planning and design;
‘‘Military
Construction,
Army
National
Guard’’,
$113,500,000, of which $20,000,000 is for planning and design;
‘‘Military Construction, Air National Guard’’, $52,000,000,
of which $20,000,000 is for planning and design;
‘‘Military Construction, Army Reserve’’, $76,000,000, of
which $20,000,000 is for planning and design; and
‘‘Military Construction, Air Force Reserve’’, $64,100,000,
of which $20,000,000 is for planning and design:
Provided, That such funds may only be obligated to carry out
construction projects identified in the respective military department’s unfunded priority list for fiscal year 2018 submitted to
Congress: Provided further, That such projects are subject to
authorization prior to obligation and expenditure of funds to carry
out construction: Provided further, That not later than 30 days
after enactment of this Act, the Secretary of the military department
concerned, or his or her designee, shall submit to the Committees
on Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
(RESCISSIONS OF FUNDS)

SEC. 126. Of the unobligated balances available to the Department of Defense from prior appropriation Acts, the following funds
are hereby rescinded from the following accounts in the amounts
specified:
‘‘NATO Security Investment Program’’, $25,000,000; and
‘‘Family Housing Construction, Army’’, $18,000,000:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
SEC. 127. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Committees on Armed Services
of the House of Representatives and the Senate, the Subcommittee
on Military Construction and Veterans Affairs of the Committee
on Appropriations of the Senate, and the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of the House of Representatives.
SEC. 128. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guanta´namo Bay, Cuba.
SEC. 129. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to consolidate or relocate any element
of a United States Air Force Rapid Engineer Deployable Heavy
Operational Repair Squadron Engineer (RED HORSE) outside of
the United States until the Secretary of the Air Force (1) completes

H. R. 1625—458
an analysis and comparison of the cost and infrastructure investment required to consolidate or relocate a RED HORSE squadron
outside of the United States versus within the United States; (2)
provides to the Committees on Appropriations of both Houses of
Congress (‘‘the Committees’’) a report detailing the findings of the
cost analysis; and (3) certifies in writing to the Committees that
the preferred site for the consolidation or relocation yields the
greatest savings for the Air Force: Provided, That the term ‘‘United
States’’ in this section does not include any territory or possession
of the United States.
SEC. 130. All amounts appropriated to ‘‘Department of
Defense—Military Construction, Defense-Wide’’ pursuant to the
authorization of appropriations in section 2403 of Public Law 115–
91, as specified for fiscal year 2018 in the funding table in section
4601 of that Act, shall be immediately available and allotted to
contract for the full scope of authorized projects.
SEC. 131. For an additional amount for ‘‘Military Construction,
Army’’, for the Defense Access Road Program, $20,000,000, to
remain available until expended: Provided, That amounts made
available under this section may not be obligated or expended
until the Secretary of the Army submits to the Committees on
Appropriations of the Senate and House of Representatives a
detailed expenditure plan 30 days after enactment of this Act.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61
of title 38, United States Code; pension benefits to or on behalf
of veterans as authorized by chapters 15, 51, 53, 55, and 61 of
title 38, United States Code; and burial benefits, the Reinstated
Entitlement Program for Survivors, emergency and other officers’
retirement pay, adjusted-service credits and certificates, payment
of premiums due on commercial life insurance policies guaranteed
under the provisions of title IV of the Servicemembers Civil Relief
Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized
by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53,
55, and 61 of title 38, United States Code, $95,768,462,000, to
remain available until expended and to become available on October
1, 2018: Provided, That not to exceed $17,882,000 of the amount
made available for fiscal year 2019 under this heading shall be
reimbursed to ‘‘General Operating Expenses, Veterans Benefits
Administration’’, and ‘‘Information Technology Systems’’ for necessary expenses in implementing the provisions of chapters 51,
53, and 55 of title 38, United States Code, the funding source
for which is specifically provided as the ‘‘Compensation and Pensions’’ appropriation: Provided further, That such sums as may
be earned on an actual qualifying patient basis, shall be reimbursed
to ‘‘Medical Care Collections Fund’’ to augment the funding of

H. R. 1625—459
individual medical facilities for nursing home care provided to pensioners as authorized.
READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30, 31,
33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United
States Code, $11,832,175,000, to remain available until expended
and to become available on October 1, 2018: Provided, That expenses
for rehabilitation program services and assistance which the Secretary is authorized to provide under subsection (a) of section 3104
of title 38, United States Code, other than under paragraphs (1),
(2), (5), and (11) of that subsection, shall be charged to this account.
VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance,
and veterans mortgage life insurance as authorized by chapters
19 and 21, title 38, United States Code, $121,529,000, to remain
available until expended, of which $109,090,000 shall become available on October 1, 2018.
VETERANS HOUSING BENEFIT PROGRAM FUND

For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States
Code: 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, during fiscal year
2018, within the resources available, not to exceed $500,000 in
gross obligations for direct loans are authorized for specially
adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $178,626,000.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $30,000, as authorized by chapter
31 of title 38, United States Code: 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 funds made available under this heading are available
to subsidize gross obligations for the principal amount of direct
loans not to exceed $2,356,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $395,000, which may be paid to the
appropriation for ‘‘General Operating Expenses, Veterans Benefits
Administration’’.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United
States Code, $1,163,000.

H. R. 1625—460
GENERAL OPERATING EXPENSES, VETERANS BENEFITS
ADMINISTRATION

For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services
Administration for security guard services, and reimbursement of
the Department of Defense for the cost of overseas employee mail,
$2,910,000,000: Provided, That expenses for services and assistance
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
of title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans: (1)
to the maximum extent feasible, to become employable and to
obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account:
Provided further, That, of the funds made available under this
heading, not to exceed 10 percent shall remain available until
September 30, 2019.
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES

For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and
treatment in facilities not under the jurisdiction of the Department,
and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of healthcare
employees hired under title 38, United States Code, aid to State
homes as authorized by section 1741 of title 38, United States
Code, assistance and support services for caregivers as authorized
by section 1720G of title 38, United States Code, loan repayments
authorized by section 604 of the Caregivers and Veterans Omnibus
Health Services Act of 2010 (Public Law 111–163; 124 Stat. 1174;
38 U.S.C. 7681 note), monthly assistance allowances authorized
by section 322(d) of title 38, United States Code, grants authorized
by section 521A of title 38, United States Code, and administrative
expenses necessary to carry out sections 322(d) and 521A of title
38, United States Code, and hospital care and medical services
authorized by section 1787 of title 38, United States Code;
$1,962,984,000, which shall be in addition to funds previously appropriated under this heading that became available on October 1,
2017; and, in addition, $49,161,165,000, plus reimbursements, shall
become available on October 1, 2018, and shall remain available
until September 30, 2019: Provided, That, of the amount made
available on October 1, 2018, under this heading, $1,400,000,000
shall remain available until September 30, 2020: Provided further,
That, notwithstanding any other provision of law, the Secretary
of Veterans Affairs shall establish a priority for the provision of
medical treatment for veterans who have service-connected disabilities, lower income, or have special needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic
medical benefits to veterans in enrollment priority groups 1 through
6: Provided further, That, notwithstanding any other provision of
law, the Secretary of Veterans Affairs may authorize the dispensing

H. R. 1625—461
of prescription drugs from Veterans Health Administration facilities
to enrolled veterans with privately written prescriptions based on
requirements established by the Secretary: Provided further, That
the implementation of the program described in the previous proviso
shall incur no additional cost to the Department of Veterans Affairs:
Provided further, That the Secretary of Veterans Affairs shall
ensure that sufficient amounts appropriated under this heading
for medical supplies and equipment are available for the acquisition
of prosthetics designed specifically for female veterans.
MEDICAL COMMUNITY CARE

For necessary expenses for furnishing health care to individuals
pursuant to chapter 17 of title 38, United States Code, at nonDepartment facilities, $419,176,000, which shall be in addition to
funds previously appropriated under this heading that became
available on October 1, 2017; and, in addition, $8,384,704,000,
plus reimbursements, shall become available on October 1, 2018,
and shall remain available until September 30, 2019: Provided,
That, of the amount made available on October 1, 2018, under
this heading, $2,000,000,000 shall remain available until September
30, 2022.
MEDICAL SUPPORT AND COMPLIANCE

For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative expenses
in support of capital policy activities; and administrative and legal
expenses of the Department for collecting and recovering amounts
owed the Department as authorized under chapter 17 of title 38,
United States Code, and the Federal Medical Care Recovery Act
(42 U.S.C. 2651 et seq.), $100,000,000, which shall be in addition
to funds previously appropriated under this heading that became
available on October 1, 2017; and, in addition, $7,239,156,000,
plus reimbursements, shall become available on October 1, 2018,
and shall remain available until September 30, 2019: Provided,
That, of the amount made available on October 1, 2018, under
this heading, $100,000,000 shall remain available until September
30, 2020.
MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation
of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not
charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by
contract or by the hire of temporary employees and purchase of
materials; for leases of facilities; and for laundry services;
$707,000,000, to remain available until September 30, 2019, which
shall be in addition to funds previously appropriated under this
heading that became available on October 1, 2017; and, in addition,

H. R. 1625—462
$5,914,288,000, plus reimbursements, shall become available on
October 1, 2018, and shall remain available until September 30,
2019: Provided, That, of the amount made available on October
1, 2018, under this heading, $250,000,000 shall remain available
until September 30, 2020.
MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by chapter
73 of title 38, United States Code, $722,262,000, plus reimbursements, shall remain available until September 30, 2019: Provided,
That the Secretary of Veterans Affairs shall ensure that sufficient
amounts appropriated under this heading are available for prosthetic research specifically for female veterans, and for toxic exposure research.
NATIONAL CEMETERY ADMINISTRATION
For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for,
including uniforms or allowances therefor; cemeterial expenses as
authorized by law; purchase of one passenger motor vehicle for
use in cemeterial operations; hire of passenger motor vehicles; and
repair, alteration or improvement of facilities under the jurisdiction
of the National Cemetery Administration, $306,193,000, of which
not to exceed 10 percent shall remain available until September
30, 2019.
DEPARTMENTAL ADMINISTRATION
GENERAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)

For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative
expenses in support of Department-wide capital planning, management and policy activities, uniforms, or allowances therefor; not
to exceed $25,000 for official reception and representation expenses;
hire of passenger motor vehicles; and reimbursement of the General
Services Administration for security guard services, $335,891,000,
of which not to exceed 10 percent shall remain available until
September 30, 2019: Provided, That funds provided under this
heading may be transferred to ‘‘General Operating Expenses, Veterans Benefits Administration’’.
BOARD OF VETERANS APPEALS

For necessary operating expenses of the Board of Veterans
Appeals, $161,048,000, of which not to exceed 10 percent shall
remain available until September 30, 2019.
INFORMATION TECHNOLOGY SYSTEMS
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for information technology systems and
telecommunications support, including developmental information

H. R. 1625—463
systems and operational information systems; for pay and associated
costs; and for the capital asset acquisition of information technology
systems, including management and related contractual costs of
said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code,
$4,055,500,000,
plus
reimbursements:
Provided,
That
$1,230,320,000 shall be for pay and associated costs, of which not
to exceed 5 percent shall remain available until September 30,
2019: Provided further, That $2,496,650,000 shall be for operations
and maintenance, of which not to exceed 5 percent shall remain
available until September 30, 2019: Provided further, That
$328,530,000 shall be for information technology systems development, and shall remain available until September 30, 2019: Provided further, That amounts made available for information technology systems development may not be obligated or expended
until the Secretary of Veterans Affairs or the Chief Information
Officer of the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a certification of the amounts, in parts or in full, to be obligated and
expended for each development project: Provided further, That
amounts made available for salaries and expenses, operations and
maintenance, and information technology systems development may
be transferred among the three subaccounts after the Secretary
of Veterans Affairs requests from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer
and an approval is issued: Provided further, That amounts made
available for the ‘‘Information Technology Systems’’ account for
development may be transferred among projects or to newly defined
projects: Provided further, That no project may be increased or
decreased by more than $1,000,000 of cost prior to submitting
a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued, or
absent a response, a period of 30 days has elapsed: Provided further,
That the funds made available under this heading for information
technology systems development shall be for the projects, and in
the amounts, specified under this heading in the explanatory statement described in section 4 (in the matter preceding division A
of this consolidated Act).
VETERANS ELECTRONIC HEALTH RECORD

For activities related to implementation, preparation, development, interface, management, rollout, and maintenance of a Veterans Electronic Health Record system, including contractual costs
associated with operations authorized by section 3109 of title 5,
United States Code, and salaries and expenses of employees hired
under titles 5 and 38, United States Code, $782,000,000, to remain
available until September 30, 2020: Provided, That the Secretary
of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress quarterly reports detailing obligations, expenditures, and deployment implementation by facility:
Provided further, That the funds provided in this account shall
only be available to the Office of the Deputy Secretary, to be
administered by that Office.

H. R. 1625—464
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App.), $164,000,000,
of which not to exceed 10 percent shall remain available until
September 30, 2019.
CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, or for any
of the purposes set forth in sections 316, 2404, 2406 and chapter
81 of title 38, United States Code, not otherwise provided for,
including planning, architectural and engineering services,
construction management services, maintenance or guarantee
period services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site acquisition,
where the estimated cost of a project is more than the amount
set forth in section 8104(a)(3)(A) of title 38, United States Code,
or where funds for a project were made available in a previous
major project appropriation, $512,430,000, of which $432,430,000
shall remain available until September 30, 2022, and of which
$80,000,000 shall remain available until expended: Provided, That
except for advance planning activities, including needs assessments
which may or may not lead to capital investments, and other
capital asset management related activities, including portfolio
development and management activities, and investment strategy
studies funded through the advance planning fund and the planning
and design activities funded through the design fund, including
needs assessments which may or may not lead to capital investments, and salaries and associated costs of the resident engineers
who oversee those capital investments funded through this account
and contracting officers who manage specific major construction
projects, and funds provided for the purchase, security, and maintenance of land for the National Cemetery Administration through
the land acquisition line item, none of the funds made available
under this heading shall be used for any project that has not
been notified to Congress through the budgetary process or that
has not been approved by the Congress through statute, joint resolution, or in the explanatory statement accompanying such Act and
presented to the President at the time of enrollment: Provided
further, That funds made available under this heading for fiscal
year 2018, for each approved project shall be obligated: (1) by
the awarding of a construction documents contract by September
30, 2018; and (2) by the awarding of a construction contract by
September 30, 2019: Provided further, That the Secretary of Veterans Affairs shall promptly submit to the Committees on Appropriations of both Houses of Congress a written report on any
approved major construction project for which obligations are not
incurred within the time limitations established above: Provided
further, That, of the amount made available under this heading,
$117,300,000 for Veterans Health Administration major construction projects shall not be available until the Department of Veterans
Affairs—

H. R. 1625—465
(1) enters into an agreement with an appropriate nonDepartment of Veterans Affairs Federal entity to serve as the
design and/or construction agent for any Veterans Health
Administration major construction project with a Total Estimated Cost of $100,000,000 or above by providing full project
management services, including management of the project
design, acquisition, construction, and contract changes, consistent with section 502 of Public Law 114–58; and
(2) certifies in writing that such an agreement is executed
and intended to minimize or prevent subsequent major
construction project cost overruns and provides a copy of the
agreement entered into and any required supplementary
information to the Committees on Appropriations of both
Houses of Congress.
CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the jurisdiction or
for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees
provided under the project, services of claims analysts, offsite utility
and storm drainage system construction costs, and site acquisition,
or for any of the purposes set forth in sections 316, 2404, 2406
and chapter 81 of title 38, United States Code, not otherwise
provided for, where the estimated cost of a project is equal to
or less than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, $342,570,000, to remain available until
September 30, 2022, along with unobligated balances of previous
‘‘Construction, Minor Projects’’ appropriations which are hereby
made available for any project where the estimated cost is equal
to or less than the amount set forth in such section: Provided,
That funds made available under this heading shall be for: (1)
repairs to any of the nonmedical facilities under the jurisdiction
or for the use of the Department which are necessary because
of loss or damage caused by any natural disaster or catastrophe;
and (2) temporary measures necessary to prevent or to minimize
further loss by such causes.
GRANTS FOR CONSTRUCTION OF
STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections
8131 through 8137 of title 38, United States Code, $110,000,000,
to remain available until expended.
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

For grants to assist States and tribal organizations in establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $45,000,000, to
remain available until expended.

H. R. 1625—466
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)

SEC. 201. Any appropriation for fiscal year 2018 for ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans Insurance and Indemnities’’ may be transferred as necessary to any
other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and such Committees
issue an approval, or absent a response, a period of 30 days has
elapsed.
(INCLUDING TRANSFER OF FUNDS)

SEC. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2018, in this or any other Act, under
the ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical Facilities’’ accounts may be
transferred among the accounts: Provided, That any transfers
among the ‘‘Medical Services’’, ‘‘Medical Community Care’’, and
‘‘Medical Support and Compliance’’ accounts of 1 percent or less
of the total amount appropriated to the account in this or any
other Act may take place subject to notification from the Secretary
of Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers among the ‘‘Medical Services’’,
‘‘Medical Community Care’’, and ‘‘Medical Support and Compliance’’
accounts in excess of 1 percent, or exceeding the cumulative 1
percent for the fiscal year, may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued: Provided further, That any transfers to or from the
‘‘Medical Facilities’’ account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued.
SEC. 203. Appropriations available in this title for salaries
and expenses shall be available for services authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles;
lease of a facility or land or both; and uniforms or allowances
therefore, as authorized by sections 5901 through 5902 of title
5, United States Code.
SEC. 204. No appropriations in this title (except the appropriations for ‘‘Construction, Major Projects’’, and ‘‘Construction, Minor
Projects’’) shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
SEC. 205. No appropriations in this title shall be available
for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the
laws providing such benefits to veterans, and persons receiving
such treatment under sections 7901 through 7904 of title 5, United
States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made
to the ‘‘Medical Services’’ account at such rates as may be fixed
by the Secretary of Veterans Affairs.

H. R. 1625—467
SEC. 206. Appropriations available in this title for ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans Insurance and Indemnities’’ shall be available for payment of prior year
accrued obligations required to be recorded by law against the
corresponding prior year accounts within the last quarter of fiscal
year 2017.
SEC. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a)
of title 31, United States Code, except that if such obligations
are from trust fund accounts they shall be payable only from ‘‘Compensation and Pensions’’.
(INCLUDING TRANSFER OF FUNDS)

SEC. 208. Notwithstanding any other provision of law, during
fiscal year 2018, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title
38, United States Code, the Veterans’ Special Life Insurance Fund
under section 1923 of title 38, United States Code, and the United
States Government Life Insurance Fund under section 1955 of
title 38, United States Code, reimburse the ‘‘General Operating
Expenses, Veterans Benefits Administration’’ and ‘‘Information
Technology Systems’’ accounts for the cost of administration of
the insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus earnings
accumulated in such an insurance program during fiscal year 2018
that are available for dividends in that program after claims have
been paid and actuarially determined reserves have been set aside:
Provided further, That if the cost of administration of such an
insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the
extent of such surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year
2018 which is properly allocable to the provision of each such
insurance program and to the provision of any total disability
income insurance included in that insurance program.
SEC. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease services,
may be obligated during the fiscal year in which the proceeds
are received.
(INCLUDING TRANSFER OF FUNDS)

SEC. 210. Funds available in this title or funds for salaries
and other administrative expenses shall also be available to
reimburse the Office of Resolution Management, the Office of
Employment Discrimination Complaint Adjudication, the Office of
Accountability and Whistleblower Protection, and the Office of
Diversity and Inclusion for all services provided at rates which
will recover actual costs but not to exceed $47,668,000 for the
Office of Resolution Management, $3,932,000 for the Office of
Employment Discrimination Complaint Adjudication, $17,620,000
for the Office of Accountability and Whistleblower Protection, and
$2,973,000 for the Office of Diversity and Inclusion: Provided, That
payments may be made in advance for services to be furnished
based on estimated costs: Provided further, That amounts received

H. R. 1625—468
shall be credited to the ‘‘General Administration’’ and ‘‘Information
Technology Systems’’ accounts for use by the office that provided
the service.
SEC. 211. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or medical
services provided to any person under chapter 17 of title 38, United
States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to
the Secretary of Veterans Affairs, in such form as the Secretary
may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That
the Secretary may recover, in the same manner as any other debt
due the United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for care
or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
(INCLUDING TRANSFER OF FUNDS)

SEC. 212. Notwithstanding any other provision of law, proceeds
or revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ‘‘Construction, Major Projects’’
and ‘‘Construction, Minor Projects’’ accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such sums
as realized are in addition to the amount provided for in ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor Projects’’.
SEC. 213. Amounts made available under ‘‘Medical Services’’
are available—
(1) for furnishing recreational facilities, supplies, and equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(INCLUDING TRANSFER OF FUNDS)

SEC. 214. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, may be transferred to the ‘‘Medical Services’’ and
‘‘Medical Community Care’’ accounts to remain available until
expended for the purposes of these accounts.
SEC. 215. The Secretary of Veterans Affairs may enter into
agreements with Federally Qualified Health Centers in the State
of Alaska and Indian tribes and tribal organizations which are
party to the Alaska Native Health Compact with the Indian Health
Service, to provide healthcare, including behavioral health and
dental care, to veterans in rural Alaska. The Secretary shall require
participating veterans and facilities to comply with all appropriate
rules and regulations, as established by the Secretary. The term
‘‘rural Alaska’’ shall mean those lands which are not within the
boundaries of the municipality of Anchorage or the Fairbanks North
Star Borough.

H. R. 1625—469
(INCLUDING TRANSFER OF FUNDS)

SEC. 216. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section 8118
of title 38, United States Code, may be transferred to the ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor Projects’’ accounts,
to remain available until expended for the purposes of these
accounts.
SEC. 217. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report
on the financial status of the Department of Veterans Affairs for
the preceding quarter: Provided, That, at a minimum, the report
shall include the direction contained in the paragraph entitled
‘‘Quarterly reporting’’, under the heading ‘‘General Administration’’
in the joint explanatory statement accompanying Public Law 114–
223.
(INCLUDING TRANSFER OF FUNDS)

SEC. 218. Amounts made available under the ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’, ‘‘Medical Facilities’’, ‘‘General Operating Expenses, Veterans
Benefits Administration’’, ‘‘Board of Veterans Appeals’’, ‘‘General
Administration’’, and ‘‘National Cemetery Administration’’ accounts
for fiscal year 2018 may be transferred to or from the ‘‘Information
Technology Systems’’ account: Provided, That such transfers may
not result in a more than 10 percent aggregate increase in the
total amount made available by this Act for the ‘‘Information Technology Systems’’ account: Provided further, That, before a transfer
may take place, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and an approval is issued.
(INCLUDING TRANSFER OF FUNDS)

SEC. 219. Of the amounts appropriated to the Department
of Veterans Affairs for fiscal year 2018 for ‘‘Medical Services’’,
‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’,
‘‘Medical Facilities’’, ‘‘Construction, Minor Projects’’, and ‘‘Information Technology Systems’’, up to $297,137,000, plus reimbursements,
may be transferred to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571)
and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110–417; 122 Stat. 4500): Provided, That additional funds may be transferred from accounts designated in this
section to the Joint Department of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund upon written
notification by the Secretary of Veterans Affairs to the Committees
on Appropriations of both Houses of Congress: Provided further,
That section 222 of title II of division A of Public Law 114–223
is repealed.

H. R. 1625—470
(INCLUDING TRANSFER OF FUNDS)

SEC. 220. Of the amounts appropriated to the Department
of Veterans Affairs which become available on October 1, 2018,
for ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical Facilities’’, up to $306,378,000,
plus reimbursements, may be transferred to the Joint Department
of Defense—Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111–
84; 123 Stat. 3571) and may be used for operation of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500):
Provided, That additional funds may be transferred from accounts
designated in this section to the Joint Department of Defense—
Department of Veterans Affairs Medical Facility Demonstration
Fund upon written notification by the Secretary of Veterans Affairs
to the Committees on Appropriations of both Houses of Congress.
(INCLUDING TRANSFER OF FUNDS)

SEC. 221. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, for healthcare provided at facilities designated as
combined Federal medical facilities as described by section 706
of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat. 4500) shall also be
available: (1) for transfer to the Joint Department of Defense—
Department of Veterans Affairs Medical Facility Demonstration
Fund, established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123
Stat. 3571); and (2) for operations of the facilities designated as
combined Federal medical facilities as described by section 706
of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110–417; 122 Stat. 4500): Provided, That,
notwithstanding section 1704(b)(3) of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123
Stat. 2573), amounts transferred to the Joint Department of
Defense—Department of Veterans Affairs Medical Facility Demonstration Fund shall remain available until expended.
(INCLUDING TRANSFER OF FUNDS)

SEC. 222. Of the amounts available in this title for ‘‘Medical
Services’’, ‘‘Medical Community Care’’, ‘‘Medical Support and
Compliance’’, and ‘‘Medical Facilities’’, a minimum of $15,000,000
shall be transferred to the DOD–VA Health Care Sharing Incentive
Fund, as authorized by section 8111(d) of title 38, United States
Code, to remain available until expended, for any purpose authorized by section 8111 of title 38, United States Code.
SEC. 223. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace
the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and
equipment.
SEC. 224. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all

H. R. 1625—471
bid savings in a major construction project that total at least
$5,000,000, or 5 percent of the programmed amount of the project,
whichever is less: Provided, That such notification shall occur within
14 days of a contract identifying the programmed amount: Provided
further, That the Secretary shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to the obligation
of such bid savings and shall describe the anticipated use of such
savings.
SEC. 225. None of the funds made available for ‘‘Construction,
Major Projects’’ may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless
the Secretary of Veterans Affairs receives approval from the
Committees on Appropriations of both Houses of Congress.
SEC. 226. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly report containing performance measures and data from each
Veterans Benefits Administration Regional Office: Provided, That,
at a minimum, the report shall include the direction contained
in the section entitled ‘‘Disability claims backlog’’, under the heading
‘‘General Operating Expenses, Veterans Benefits Administration’’
in the joint explanatory statement accompanying Public Law 114–
223: Provided further, That the report shall also include information
on the number of appeals pending at the Veterans Benefits Administration as well as the Board of Veterans Appeals on a quarterly
basis.
SEC. 227. The Secretary of Veterans Affairs shall provide written notification to the Committees on Appropriations of both Houses
of Congress 15 days prior to organizational changes which result
in the transfer of 25 or more full-time equivalents from one
organizational unit of the Department of Veterans Affairs to
another.
SEC. 228. The Secretary of Veterans Affairs shall provide on
a quarterly basis to the Committees on Appropriations of both
Houses of Congress notification of any single national outreach
and awareness marketing campaign in which obligations exceed
$2,000,000.
(INCLUDING TRANSFER OF FUNDS)

SEC. 229. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans
Health Administration, may transfer to the ‘‘Medical Services’’
account any discretionary appropriations made available for fiscal
year 2018 in this title (except appropriations made to the ‘‘General
Operating Expenses, Veterans Benefits Administration’’ account)
or any discretionary unobligated balances within the Department
of Veterans Affairs, including those appropriated for fiscal year
2018, that were provided in advance by appropriations Acts: Provided, That transfers shall be made only with the approval of
the Office of Management and Budget: Provided further, That the
transfer authority provided in this section is in addition to any
other transfer authority provided by law: Provided further, That
no amounts may be transferred from amounts that were designated
by Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency

H. R. 1625—472
Deficit Control Act of 1985: Provided further, That such authority
to transfer may not be used unless for higher priority items, based
on emergent healthcare requirements, than those for which originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred from
an appropriation are not necessary, such amounts may be transferred back to that appropriation and shall be available for the
same purposes as originally appropriated: Provided further, That
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and receive approval
of that request.
(INCLUDING TRANSFER OF FUNDS)

SEC. 230. Amounts made available for the Department of Veterans Affairs for fiscal year 2018, under the ‘‘Board of Veterans
Appeals’’ and the ‘‘General Operating Expenses, Veterans Benefits
Administration’’ accounts may be transferred between such
accounts: Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees
on Appropriations of both Houses of Congress the authority to
make the transfer and receive approval of that request.
SEC. 231. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such
instance of reprogramming will exceed $7,000,000, unless such reprogramming is approved by the Committees on Appropriations
of both Houses of Congress.
SEC. 232. (a) The Secretary of Veterans Affairs shall ensure
that the toll-free suicide hotline under section 1720F(h) of title
38, United States Code—
(1) provides to individuals who contact the hotline immediate assistance from a trained professional; and
(2) adheres to all requirements of the American Association
of Suicidology.
(b)(1) None of the funds made available by this Act may be
used to enforce or otherwise carry out any Executive action that
prohibits the Secretary of Veterans Affairs from appointing an
individual to occupy a vacant civil service position, or establishing
a new civil service position, at the Department of Veterans Affairs
with respect to such a position relating to the hotline specified
in subsection (a).
(2) In this subsection—
(A) the term ‘‘civil service’’ has the meaning given such
term in section 2101(1) of title 5, United States Code; and
(B) the term ‘‘Executive action’’ includes—
(i) any Executive order, presidential memorandum, or
other action by the President; and
(ii) any agency policy, order, or other directive.
SEC. 233. None of the funds in this or any other Act may
be used to close Department of Veterans Affairs (VA) hospitals,
domiciliaries, or clinics, conduct an environmental assessment, or
to diminish healthcare services at existing Veterans Health
Administration medical facilities located in Veterans Integrated
Service Network 23 as part of a planned realignment of VA services
until the Secretary provides to the Committees on Appropriations

H. R. 1625—473
of both Houses of Congress a report including the following elements:
(1) a national realignment strategy that includes a detailed
description of realignment plans within each Veterans
Integrated Services Network (VISN), including an updated Long
Range Capital Plan to implement realignment requirements;
(2) an explanation of the process by which those plans
were developed and coordinated within each VISN;
(3) a cost versus benefit analysis of each planned realignment, including the cost of replacing Veterans Health Administration services with contract care or other outsourced services;
(4) an analysis of how any such planned realignment of
services will impact access to care for veterans living in rural
or highly rural areas, including travel distances and transportation costs to access a VA medical facility and availability
of local specialty and primary care;
(5) an inventory of VA buildings with historic designation
and the methodology used to determine the buildings’ condition
and utilization;
(6) a description of how any realignment will be consistent
with requirements under the National Historic Preservation
Act; and
(7) consideration given for reuse of historic buildings within
newly identified realignment requirements: Provided, That, this
provision shall not apply to capital projects in VISN 23, or
any other VISN, which have been authorized or approved by
Congress.
SEC. 234. Section 8109(b) of title 38, United States Code, is
amended—
(1) in paragraph (2), by striking ‘‘and’’ at the end;
(2) in paragraph (3), by striking the period and inserting
‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) notwithstanding subsection (a) of section 1344 of title 31,
may use a passenger carrier (as such term is defined in subsection
(h)(1) of such section) to transport such an employee between a
parking facility and the medical facility of the Department at which
the employee works.’’.
SEC. 235. None of the funds made available to the Secretary
of Veterans Affairs by this or any other Act may be obligated
or expended in contravention of the ‘‘Veterans Health Administration Clinical Preventive Services Guidance Statement on the Veterans Health Administration’s Screening for Breast Cancer Guidance’’ published on May 10, 2017, as issued by the Veterans Health
Administration National Center for Health Promotion and Disease
Prevention.
SEC. 236. (a) Notwithstanding any other provision of law, the
amounts appropriated or otherwise made available to the Department of Veterans Affairs for the ‘‘Medical Services’’ account may
be used to provide—
(1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a
covered veteran; or
(2) adoption reimbursement to a covered veteran.
(b) In this section:
(1) The term ‘‘service-connected’’ has the meaning given
such term in section 101 of title 38, United States Code.

H. R. 1625—474
(2) The term ‘‘covered veteran’’ means a veteran, as such
term is defined in section 101 of title 38, United States Code,
who has a service-connected disability that results in the
inability of the veteran to procreate without the use of fertility
treatment.
(3) The term ‘‘assisted reproductive technology’’ means
benefits relating to reproductive assistance provided to a
member of the Armed Forces who incurs a serious injury or
illness on active duty pursuant to section 1074(c)(4)(A) of title
10, United States Code, as described in the memorandum on
the subject of ‘‘Policy for Assisted Reproductive Services for
the Benefit of Seriously or Severely Ill/Injured (Category II
or III) Active Duty Service Members’’ issued by the Assistant
Secretary of Defense for Health Affairs on April 3, 2012, and
the guidance issued to implement such policy, including any
limitations on the amount of such benefits available to such
a member except that—
(A) the time periods regarding embryo cryopreservation
and storage set forth in part III(G) and in part IV(H)
of such memorandum shall not apply; and
(B) such term includes embryo cryopreservation and
storage without limitation on the duration of such
cryopreservation and storage.
(4) The term ‘‘adoption reimbursement’’ means reimbursement for the adoption-related expenses for an adoption that
is finalized after the date of the enactment of this Act under
the same terms as apply under the adoption reimbursement
program of the Department of Defense, as authorized in Department of Defense Instruction 1341.09, including the reimbursement limits and requirements set forth in such instruction.
(c) Amounts made available for the purposes specified in subsection (a) of this section are subject to the requirements for funds
contained in section 508 of division H of the Consolidated Appropriations Act, 2017 (Public Law 115–31).
(RESCISSION OF FUNDS)

SEC. 237. Of the unobligated balance of funds made available
in the sixth proviso under the heading ‘‘Department of Veterans
Affairs—Veterans Health Administration—Medical Services’’ in title
II of Division J of the Consolidated Appropriations Act, 2016 (Public
Law 114–113), $751,000,000 is hereby rescinded.
SEC. 238. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with:
(1) section 842 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. 2506); or (2) section 8110(a)(5) of title 38, United States
Code.
SEC. 239. Section 842 of Public Law 109–115 shall not apply
to conversion of an activity or function of the Veterans Health
Administration, Veterans Benefits Administration, or National
Cemetery Administration to contractor performance by a business
concern that is at least 51 percent owned by one or more Indian
tribes as defined in section 5304(e) of title 25, United States Code,

H. R. 1625—475
or one or more Native Hawaiian Organizations as defined in section
637(a)(15) of title 15, United States Code.
SEC. 240. (a) Except as provided in subsection (b), the Secretary
of Veterans Affairs, in consultation with the Secretary of Defense
and the Secretary of Labor, shall discontinue using Social Security
account numbers to identify individuals in all information systems
of the Department of Veterans Affairs as follows:
(1) For all veterans submitting to the Secretary of Veterans
Affairs new claims for benefits under laws administered by
the Secretary, not later than 5 years after the date of the
enactment of this Act.
(2) For all individuals not described in paragraph (1), not
later than 8 years after the date of the enactment of this
Act.
(b) The Secretary of Veterans Affairs may use a Social Security
account number to identify an individual in an information system
of the Department of Veterans Affairs if and only if the use of
such number is required to obtain information the Secretary
requires from an information system that is not under the jurisdiction of the Secretary.
SEC. 241. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2018 and 2019 for ‘‘Medical Services’’,
section 239 of Division A of Public Law 114–223 shall apply.
SEC. 242. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department
of Veterans Affairs may be used to transfer any amounts from
the Filipino Veterans Equity Compensation Fund to any other
account within the Department of Veterans Affairs.
(RESCISSIONS OF FUNDS)

SEC. 243. (a) Of the unobligated balance of funds made available
through September 30, 2018, under the heading ‘‘Construction,
Major Projects’’ in division J of the Consolidated Appropriations
Act, 2014 (Public Law 113–76), $10,000,000 is hereby rescinded.
(b) For an additional amount for ‘‘Construction, Major Projects’’,
$10,000,000, to remain available until September 30, 2023.
(c) Of the unobligated balance of funds made available through
September 30, 2019, under the heading ‘‘Construction, Major
Projects’’ in division I of the Consolidated and Further Continuing
Appropriations Act, 2015 (Public Law 113–235), $410,000,000 is
hereby rescinded.
(d) For an additional amount for ‘‘Construction, Major Projects’’,
$410,000,000, to remain available until September 30, 2024.
SEC. 244. Of the funds provided to the Department of Veterans
Affairs for each of fiscal year 2018 and fiscal year 2019 for ‘‘Medical
Services’’, funds may be used in each year to carry out and expand
the child care program authorized by section 205 of Public Law
111–163, notwithstanding subsection (e) of such section.
SEC. 245. (a) Section 204(c) of the Department of Veterans
Affairs Health Care Programs Enhancement Act of 2001 (Public
Law 107–135; 38 U.S.C. 1710 note) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The program’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The program shall be carried out at not fewer than
two medical centers or clinics in each Veterans Integrated
Service Network by not later than December 31, 2019, and

H. R. 1625—476
at not fewer than 50 percent of all medical centers in each
Veterans Integrated Service Network by not later than
December 31, 2021.’’.
(b)(1) Paragraph (6) of section 1701 of title 38, United States
Code, is amended by adding at the end the following new subparagraph:
‘‘(H) Chiropractic services.’’.
(2) Paragraph (8) of such section is amended by inserting ‘‘chiropractic,’’ after ‘‘counseling,’’.
(3) Paragraph (9) of such section is amended—
(A) by redesignating subparagraphs (F) through (K) as
subparagraphs (G) through (L), respectively; and
(B) by inserting after subparagraph (E) the following new
subparagraph (F):
‘‘(F) chiropractic examinations and services;’’.
SEC. 246. (a) PILOT PROGRAM.—The Secretary of Veterans
Affairs shall carry out a pilot program to provide educational assistance to certain former members of the Armed Forces for education
and training as physician assistants of the Department of Veterans
Affairs.
(b) ELIGIBLE INDIVIDUALS.—An individual is eligible to participate in the pilot program if the individual—
(1) has medical or military health experience gained while
serving as a member of the Armed Forces;
(2) has received a certificate, associate degree, baccalaureate degree, master’s degree, or postbaccalaureate training
in a science relating to health care; or
(3) has participated in the delivery of healthcare services
or related medical services, including participation in military
training relating to the identification, evaluation, treatment,
and prevention of diseases and disorders.
(c) DURATION.—The pilot program shall be carried out during
the 5-year period beginning on the date that is 180 days after
the date of the enactment of this Act.
(d) SELECTION.—
(1) The Secretary shall select eligible individuals under
subsection (b) to participate in the pilot program.
(2) In selecting individuals to participate in the pilot program under paragraph (1), the Secretary shall give priority
to individuals who agree to be employed as a physician assistant
for the Veterans Health Administration at a medical facility
of the Department located in a community that—
(A) is designated as a medically underserved population under section 330(b)(3)(A) of the Public Health
Service Act (42 U.S.C. 254b(b)(3)(A)); and
(B) is in a State with a per capita population of veterans of more than 5 percent according to the National
Center for Veterans Analysis and Statistics and the United
States Census Bureau.
(e) EDUCATIONAL ASSISTANCE.—In carrying out the pilot program, the Secretary shall provide educational assistance to individuals participating in the pilot program, including through the use
of scholarships, to cover the costs to such individuals of obtaining
a master’s degree in physician assistant studies or a similar master’s degree.
(f) PERIOD OF OBLIGATED SERVICE.—The Secretary shall enter
into an agreement with each individual participating in the pilot

H. R. 1625—477
program in which such individual agrees to be employed as a
physician assistant for the Veterans Health Administration for a
period of obligated service to be determined by the Secretary.
(g) BREACH.—An individual who participates in the pilot program and fails to satisfy the period of obligated service under
subsection (f) shall be liable to the United States, in lieu of such
obligated service, for the amount that has been paid or is payable
to or on behalf of the individual under the pilot program, reduced
by the proportion that the number of days served for completion
of the period of obligated service bears to the total number of
days in the period of obligated service of such individual.
(h) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in
collaboration with the Secretary of Labor, the Secretary of Defense,
and the Secretary of Health and Human Services, shall submit
to Congress a report on the pilot program’s effectiveness of helping
to meet the shortage of physician assistants employed by the
Department.
SEC. 247. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2018 and 2019, section 248 of Division
A of Public Law 114–223 shall apply.
SEC. 248. (a) The Secretary of Veterans Affairs may use
amounts appropriated or otherwise made available in this title
to ensure that the ratio of veterans to full-time employment equivalents within any program of rehabilitation conducted under chapter
31 of title 38, United States Code, does not exceed 125 veterans
to one full-time employment equivalent.
(b) Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on
the programs of rehabilitation conducted under chapter 31 of title
38, United States Code, including—
(1) an assessment of the veteran-to-staff ratio for each
such program; and
(2) recommendations for such action as the Secretary considers necessary to reduce the veteran-to-staff ratio for each
such program.
SEC. 249. None of the funds appropriated or otherwise made
available in this title may be used by the Secretary of Veterans
Affairs to enter into an agreement related to resolving a dispute
or claim with an individual that would restrict in any way the
individual from speaking to members of Congress or their staff
on any topic not otherwise prohibited from disclosure by Federal
law or required by Executive Order to be kept secret in the interest
of national defense or the conduct of foreign affairs.
SEC. 250. For funds provided to the Department of Veterans
Affairs for each of fiscal year 2018 and 2019, section 258 of Division
A of Public Law 114–223 shall apply.
SEC. 251. (a) IN GENERAL.—Section 2402(a) of title 38, United
States Code, is amended by adding at the end the following new
paragraph:
‘‘(10) Any individual—
‘‘(A) who—
‘‘(i) was naturalized pursuant to section 2(1) of
the Hmong Veterans’ Naturalization Act of 2000
(Public Law 106–207; 8 U.S.C. 1423 note); and
‘‘(ii) at the time of the individual’s death resided
in the United States.’’.

H. R. 1625—478
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to an individual dying on or after the
date of the enactment of this Act.
SEC. 252. The Secretary may carry out a 2-year pilot program
making grants to nonprofit veterans services organizations recognized by the Secretary in accordance with section 5902 of title
38, United States Code, to upgrade, through construction and repair,
VSO community facilities into health and wellness centers and
to promote and expand complementary and integrative wellness
programs: Provided, That no single grant may exceed a total of
$500,000: Provided further, That the Secretary may not provide
more than 20 grants during the 2-year pilot program: Provided
further, That the recipient of a grant under this section may not
use the grant to purchase real estate or to carry out repair of
facilities leased by the recipient or to construct facilities on property
leased by the recipient: Provided further, That the Secretary ensures
that the grant recipients use grant funds to construct or repair
facilities located in at least 10 different geographic locations in
economically depressed areas or areas designated as highly rural
that are not in close proximity to Department of Veterans Affairs
medical centers: Provided further, That the Secretary shall report
to the Committees on Appropriations of both Houses of Congress
no later than 180 days after enactment of this Act, on the grant
program established under this section.
SEC. 253. None of the funds appropriated in this or any other
Act for ‘‘Grants for Construction of State Extended Care Facilities’’
may be used to award grants for applications included in priority
one of the priority list for the first time which have been assigned
a higher priority ranking for fiscal year 2018 than unfunded applications which met the eligibility requirements defined in section
8135(c) of title 38, United States Code, in fiscal year 2017 and
continue to meet those requirements in fiscal year 2018: Provided,
That the Secretary may award grants for new applications in fiscal
year 2018 for projects that did not meet eligibility requirements
defined in section 8135(c) of title 38, United States Code, in fiscal
year 2017 only after applications which met priority one eligibility
requirements in fiscal year 2017 and continue to meet those requirements defined in section 8135(c) of title 38, United States Code,
have been funded: Provided further, That nothing in this section
shall preclude the Secretary from assigning a higher priority
ranking or funding a grant application to correct conditions that
threaten the life or safety of patients which meet the criteria
laid out in section 8135(c) of title 38, United States Code.
SEC. 254. None of the funds appropriated or otherwise made
available by this Act may be used to conduct research using canines
unless: the scientific objectives of the study can only be met by
research with canines; the study has been directly approved by
the Secretary; and the study is consistent with the revised Department of Veterans Affairs canine research policy document released
on December 18, 2017: Provided, That not later than 180 days
after enactment of this Act, the Secretary shall submit to the
Committees on Appropriations of both Houses of Congress a detailed
report outlining under what circumstances canine research may
be needed if there are no other alternatives, how often it was
used during that time period, and what protocols are in place
to determine both the safety and efficacy of the research.

H. R. 1625—479
SEC. 255. For an additional amount for the Department of
Veterans Affairs, $2,000,000,000 to remain available until expended,
for infrastructure improvements, including new construction, and
in addition to amounts otherwise made available in this act for
such purpose, of which:
(1) $1,000,000,000 shall be for ‘‘Veterans Health Administration—Medical Facilities’’ to be used for non-recurring
maintenance;
(2) $425,000,000 shall be for ‘‘Departmental Administration—Construction, Minor Projects’’; and,
(3) $575,000,000 shall be for ‘‘Departmental Administration—Grants for Construction of State Extended Care Facilities’’;
Provided, That the additional amounts appropriated for the purposes of non-recurring maintenance and minor construction may
be used to carry out critical life-safety projects identified in the
Department’s annual facility condition assessments; sustainment
projects; modernization projects; infrastructure repair; renovations
at existing Veterans Health Administration medical centers and
outpatient clinics; and projects included in the Strategic Capital
Investment Process plan: Provided further, That the additional
amounts appropriated under this section may not be obligated
or expended until the Secretary of Veterans Affairs submits to
the Committees on Appropriations of both Houses of Congress,
and such Committees approve, a detailed expenditure plan,
including project descriptions and costs, for any non-recurring
maintenance, minor construction or State extended care facility
project being funded with the additional amounts made available
in this administrative provision.
SEC. 256. Subsection (d) of section 504 of the Veterans’ Benefits
Improvement Act of 1996 (Public Law 104–275; 38 U.S.C. 5101
note), as amended, is further amended to read as follows:
‘‘(c) SOURCE OF FUNDS.—Expenses of carrying out the pilot
program under this section, including payments for pilot program
examination travel and incidental expenses under the terms and
conditions set forth by 38 U.S.C. 111, shall be reimbursed to the
accounts available for the general operating expenses of the Veterans Benefits Administration and information technology systems
from amounts available to the Secretary of Veterans Affairs for
payment of compensation and pensions.’’.
SEC. 257. None of the funds made available by this Act may
be used to charge a veteran a fee for a veterans identification
card pursuant to section 5706(c) of title 38, United States Code.
SEC. 258. (a) IN GENERAL.—Subchapter II of chapter 17 of
title 38, United States Code, is amended by adding at the end
the following new section:
‘‘§ 1712I. Mental and behavioral health care for certain
former members of the Armed Forces
‘‘(a) IN GENERAL.—The Secretary shall furnish to former members of the Armed Forces described in subsection (b)—
‘‘(1) an initial mental health assessment; and
‘‘(2) the mental healthcare or behavioral healthcare services
authorized under this chapter that are required to treat the
mental or behavioral health care needs of the former service
members, including risk of suicide or harming others.

H. R. 1625—480
‘‘(b) ELIGIBLE INDIVIDUALS.—A former member of the Armed
Forces described in this subsection is an individual who—
‘‘(1) is a former member of the Armed Forces, including
the reserve components;
‘‘(2) while serving in the active military, naval, or air
service, was discharged or released therefrom under a condition
that is not honorable but not—
‘‘(A) a dishonorable discharge; or
‘‘(B) a discharge by court-martial;
‘‘(3) is not otherwise eligible to enroll in the health care
system established by section 1705 of this title; and
‘‘(4)(A)(i) served in the Armed Forces for a period of more
than 100 cumulative days; and
‘‘(ii) was deployed in a theater of combat operations, in
support of a contingency operation, or in an area at a time
during which hostilities are occurring in that area during such
service, including by controlling an unmanned aerial vehicle
from a location other than such theater or area; or
‘‘(B) while serving in the Armed Forces, was the victim
of a physical assault of a sexual nature, a battery of a sexual
nature, or sexual harassment (as defined in section 1720D(f)
of this title).
‘‘(c) NON-DEPARTMENT CARE.—(1) In furnishing mental or
behavioral health care services to an individual under this section,
the Secretary may provide such mental or behavioral health care
services at a non-Department facility if—
‘‘(A) in the judgment of a mental health professional
employed by the Department, the receipt of mental or behavioral health care services by that individual in facilities of
the Department would be clinically inadvisable; or
‘‘(B) facilities of the Department are not capable of furnishing such mental or behavioral health care services to that
individual economically because of geographical inaccessibility.
‘‘(2) The Secretary shall carry out paragraph (1) pursuant to
section 1703 of this title or any other provision of law authorizing
the Secretary to enter into contracts or agreements to furnish
hospital care and medical services to veterans at non-Department
facilities.
‘‘(d) SETTING AND REFERRALS.—In furnishing mental and behavioral health care services to individuals under this section, the
Secretary shall—
‘‘(1) seek to ensure that such services are furnished in
settings that are therapeutically appropriate, taking into
account the circumstances that resulted in the need for such
services; and
‘‘(2) provide referral services to assist former members who
are not eligible for services under this chapter to obtain services
from sources outside the Department.
‘‘(e) INFORMATION.—The Secretary shall provide information
on the mental and behavioral health care services available under
this section. Efforts by the Secretary to provide such information—
‘‘(1) shall include notification of each eligible individual
described in subsection (b) about the eligibility of the individual
for covered mental and behavioral health care under this section
not later than the later of—

H. R. 1625—481
‘‘(A) 180 days after the date of the enactment of the
Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018; or
‘‘(B) 180 days after the date on which the individual
was discharged or released from the active military, naval,
or air service;
‘‘(2) shall include availability of a toll-free telephone
number (commonly referred to as an 800 number);
‘‘(3) shall ensure that information about the mental health
care services available under this section—
‘‘(A) is revised and updated as appropriate;
‘‘(B) is made available and visibly posted at appropriate
facilities of the Department; and
‘‘(C) is made available to State veteran agencies and
through appropriate public information services; and
‘‘(4) shall include coordination with the Secretary of Defense
seeking to ensure that members of the Armed Forces and
individuals who are being separated from active military, naval,
or air service are provided appropriate information about programs, requirements, and procedures for applying for mental
health care services under this section.
‘‘(f) ANNUAL REPORTS.—(1) Not less frequently than once each
year, the Secretary shall submit to the Committee on Veterans’
Affairs of the Senate and the Committee on Veterans’ Affairs of
the House of Representatives a report on the mental and behavioral
health care services provided under this section.
‘‘(2) Each report submitted under paragraph (1) shall include,
with respect to the year preceding the submittal of the report,
the following:
‘‘(A) The number of eligible individuals who were furnished
mental or behavioral health care services under this section,
disaggregated by the number of men who received such services
and the number of women who received such services.
‘‘(B) The number of individuals who requested an initial
mental health assessment under subsection (a)(1).
‘‘(C) Such other information as the Secretary considers
appropriate.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 17 of title 38, United States Code, is amended
by inserting after the item relating to section 1720H the following
new item:
‘‘1720I. Mental and behavioral health care for certain former members of the Armed
Forces.’’.
SEC. 259. (a) IN GENERAL.—Chapter 53 of title 38, United

States Code, is amended by inserting after section 5303A the following new section:
‘‘§ 5303B. Character of service determinations
‘‘(a) DETERMINATION.—The Secretary shall establish a process
by which an individual who served in the Armed Forces and was
discharged or dismissed therefrom may seek a determination from
the Secretary with respect to whether such discharge or release
was under a condition that bars the right of such individual to
a benefit under the laws administered by the Secretary based
upon the period of service from which discharged or dismissed.

H. R. 1625—482
‘‘(b) PROVISION OF INFORMATION.—If the Secretary determines
under subsection (a) that an individual is barred to a benefit under
the laws administered by the Secretary, the Secretary shall provide
to such individual information regarding the ability of the individual
to address such condition, including pursuant to section 5303 of
this title and chapter 79 of title 10.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating
to section 5303A the following new item:
‘‘5303B. Character of service determinations.’’.

TITLE III
RELATED AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase
(one-for-one replacement basis only) and hire of passenger motor
vehicles; not to exceed $42,000 for official reception and representation expenses; and insurance of official motor vehicles in foreign
countries, when required by law of such countries, $79,000,000,
to remain available until expended.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code.
UNITED STATES COURT

OF

APPEALS

FOR

VETERANS CLAIMS

SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections
7251 through 7298 of title 38, United States Code, $33,600,000:
Provided, That, of the amount, up to $800,000 may be transferred
to the General Services Administration for planning and design
of a courthouse, to include a feasibility study: Provided further,
That $2,580,000 shall be available for the purpose of providing
financial assistance as described and in accordance with the process
and reporting procedures set forth under this heading in Public
Law 102–229.

H. R. 1625—483
DEPARTMENT

OF

DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES

For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers’ and
Airmen’s Home National Cemetery, including the purchase or lease
of passenger motor vehicles for replacement on a one-for-one basis
only, and not to exceed $2,000 for official reception and representation expenses, $80,800,000, of which not to exceed $15,000,000
shall remain available until September 30, 2020. In addition, such
sums as may be necessary for parking maintenance, repairs and
replacement, to be derived from the ‘‘Lease of Department of
Defense Real Property for Defense Agencies’’ account.
CONSTRUCTION

For necessary expenses for planning and design and construction at Arlington National Cemetery and Soldiers’ and Airmen’s
Home National Cemetery, $167,000,000, to remain available until
expended, for planning and design and construction associated with
the Southern Expansion project at Arlington National Cemetery.
ARMED FORCES RETIREMENT HOME
TRUST FUND

For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home—
Washington, District of Columbia, and the Armed Forces Retirement
Home—Gulfport, Mississippi, to be paid from funds available in
the Armed Forces Retirement Home Trust Fund, $64,300,000, of
which $1,000,000 shall remain available until expended for
construction and renovation of the physical plants at the Armed
Forces Retirement Home—Washington, District of Columbia, and
the Armed Forces Retirement Home—Gulfport, Mississippi: Provided, That of the amounts made available under this heading
from funds available in the Armed Forces Retirement Home Trust
Fund, $22,000,000 shall be paid from the general fund of the
Treasury to the Trust Fund.
ADMINISTRATIVE PROVISIONS
SEC. 301. Funds appropriated in this Act under the heading
‘‘Department of Defense—Civil, Cemeterial Expenses, Army’’, may
be provided to Arlington County, Virginia, for the relocation of
the federally owned water main at Arlington National Cemetery,
making additional land available for ground burials.
SEC. 302. Amounts deposited into the special account established under 10 U.S.C. 4727 are appropriated and shall be available
until expended to support activities at the Army National Military
Cemeteries.

H. R. 1625—484
TITLE IV
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION, ARMY
For an additional amount for ‘‘Military Construction, Army’’,
$146,100,000, to remain available until September 30, 2022, for
projects outside of the United States: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
MILITARY CONSTRUCTION, NAVY

AND

MARINE CORPS

For an additional amount for ‘‘Military Construction, Navy
and Marine Corps’’, $33,248,000, to remain available until September 30, 2022, for projects outside of the United States: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction, Air Force’’
$546,352,000, to remain available until September 30, 2022, for
projects outside of the United States: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
MILITARY CONSTRUCTION, DEFENSE-WIDE
For an additional amount for ‘‘Military Construction, DefenseWide’’, $24,300,000, to remain available until September 30, 2022,
for projects outside of the United States: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.
ADMINISTRATIVE PROVISIONS
SEC. 401. Each amount designated in this Act by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be available only if
the President subsequently so designates all such amounts and
transmits such designations to the Congress.
SEC. 402. Notwithstanding any other provision of law, the
Secretary of Defense is directed to provide the congressional defense
committees a future years defense program for funds appropriated
to the Department of Defense for construction projects related to
European Reassurance Initiative and European Deterrence Initiative beginning in fiscal year 2018 and each subsequent fiscal year

H. R. 1625—485
that funding is requested for either initiative. Further, the Secretary
of Defense is directed to submit the future years defense program
with each fiscal year budget submission.
TITLE V
GENERAL PROVISIONS
SEC. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 502. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
SEC. 503. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ‘‘E–Commerce’’
technologies and procedures in the conduct of their business practices and public service activities.
SEC. 504. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on
Military Construction and Veterans Affairs, and Related Agencies
of the Committee on Appropriations of the House of Representatives
and the Subcommittee on Military Construction and Veterans
Affairs, and Related Agencies of the Committee on Appropriations
of the Senate.
SEC. 505. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this or any other appropriations Act.
SEC. 506. None of the funds made available in this Act may
be used for a project or program named for an individual serving
as a Member, Delegate, or Resident Commissioner of the United
States House of Representatives.
SEC. 507. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
Web site 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 confidential or 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.
SEC. 508. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency

H. R. 1625—486
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 509. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for firstclass travel by an employee of the agency in contravention of
sections 301–10.122 through 301–10.124 of title 41, Code of Federal
Regulations.
SEC. 510. None of the funds made available in this Act may
be used to execute a contract for goods or services, including
construction services, where the contractor has not complied with
Executive Order No. 12989.
SEC. 511. None of the funds made available by this Act may
be used by the Department of Defense or the Department of Veterans Affairs to lease or purchase new light duty vehicles for
any executive fleet, or for an agency’s fleet inventory, except in
accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011.
SEC. 512. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available to the Department of Defense in this
Act may be used to construct, renovate, or expand any facility
in the United States, its territories, or possessions to house any
individual detained at United States Naval Station, Guanta´namo
Bay, Cuba, for the purposes of detention or imprisonment in the
custody or under the 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,
Guanta´namo 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,
Guanta´namo 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
Station, Guanta´namo Bay, Cuba.
This division may be cited as the ‘‘Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018’’.
DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS
ACT, 2018
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION

OF

FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $5,744,440,000, of which
up to $654,553,000 may remain available until September 30, 2019,
and of which up to $1,380,752,000 may remain available until

H. R. 1625—487
expended for Worldwide Security Protection: Provided, That funds
made available under this heading shall be allocated in accordance
with paragraphs (1) through (4) as follows:
(1) HUMAN RESOURCES.—For necessary expenses for
training, human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed $700,000),
as authorized by section 801 of the United States Information
and Educational Exchange Act of 1948, $2,770,673,000, of which
up to $476,879,000 is for Worldwide Security Protection.
(2) OVERSEAS PROGRAMS.—For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,253,799,000.
(3) DIPLOMATIC POLICY AND SUPPORT.—For necessary
expenses for the functional bureaus of the Department of State,
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation and disarmament activities as authorized, $794,561,000.
(4) SECURITY PROGRAMS.—For necessary expenses for security activities, $925,407,000, of which up to $903,873,000 is
for Worldwide Security Protection.
(5) FEES AND PAYMENTS COLLECTED.—In addition to
amounts otherwise made available under this heading—
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures,
and publication programs and from fees from educational
advising and counseling and exchange visitor programs;
and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair
House facilities.
(6) TRANSFER OF FUNDS, REPROGRAMMING, AND OTHER MATTERS.—
(A) Notwithstanding any other provision of this Act,
funds may be reprogrammed within and between paragraphs (1) through (4) under this heading subject to section
7015 of this Act.
(B) Of the amount made available under this heading,
not to exceed $10,000,000 may be transferred to, and
merged with, funds made available by this Act under the
heading ‘‘Emergencies in the Diplomatic and Consular
Service’’, to be available only for emergency evacuations
and rewards, as authorized.
(C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger
motor vehicles as authorized by law and, pursuant to section 1108(g) of title 31, United States Code, for the field
examination of programs and activities in the United States
funded from any account contained in this title.
(D) Funds appropriated under this heading that are
designated for Worldwide Security Protection shall continue

H. R. 1625—488
to be made available for support of security-related training
at sites in existence prior to the enactment of this Act.
CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund, as
authorized, $103,400,000, to remain available until expended.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General,
$77,629,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post
inspections: Provided, That of the funds appropriated under this
heading, $11,644,000 may remain available until September 30,
2019.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs,
as authorized, $646,143,000, to remain available until expended,
of which not less than $240,000,000 shall be for the Fulbright
Program and not less than $111,360,000 shall be for Citizen
Exchange Program, including $4,125,000 for the Congress-Bundestag Youth Exchange: Provided, That fees or other payments received
from, or in connection with, English teaching, educational advising
and counseling programs, and exchange visitor programs as authorized may be credited to this account, to remain available until
expended: Provided further, That a portion of the Fulbright awards
from the Eurasia and Central Asia regions shall be designated
as Edmund S. Muskie Fellowships, following consultation with the
Committees on Appropriations: Provided further, That any substantive modifications from the prior fiscal year to programs funded
by this Act under this heading shall be subject to prior consultation
with, and the regular notification procedures of, the Committees
on Appropriations.
REPRESENTATION EXPENSES

For representation expenses as authorized, $8,030,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary
of State to provide for extraordinary protective services, as authorized, $30,890,000, to remain available until September 30, 2019.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for buildings that are owned
or directly leased by the Department of State, renovating, in addition to funds otherwise available, the Harry S Truman Building,
and carrying out the Diplomatic Security Construction Program
as authorized, $765,459,000, to remain available until expended,
of which not to exceed $25,000 may be used for domestic and
overseas representation expenses as authorized: Provided, That
none of the funds appropriated in this paragraph shall be available

H. R. 1625—489
for acquisition of furniture, furnishings, or generators for other
departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,477,237,000, to
remain available until expended: Provided, That not later than
45 days after enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations the proposed allocation
of funds made available under this heading and the actual and
anticipated proceeds of sales for all projects in fiscal year 2018.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Consular Service, as authorized, $7,885,000, to remain available until
expended, of which not to exceed $1,000,000 may be transferred
to, and merged with, funds appropriated by this Act under the
heading ‘‘Repatriation Loans Program Account’’, subject to the same
terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $1,300,000, as authorized: 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 such funds are available to subsidize
gross obligations for the principal amount of direct loans not to
exceed $2,440,856.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96–8), $31,963,000.
INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA

Not to exceed $1,806,600 shall be derived from fees collected
from other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International Center Act (Public Law 90–553), and, in addition, as
authorized by section 5 of such Act, $743,000, to be derived from
the reserve authorized by such section, to be used for the purposes
set out in that section.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND

For payment to the Foreign Service Retirement and Disability
Fund, as authorized, $158,900,000.
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice
and consent of the Senate, conventions, or specific Acts of Congress,
$1,371,168,000: Provided, That the Secretary of State shall, at

H. R. 1625—490
the time of the submission of the President’s budget to Congress
under section 1105(a) of title 31, United States Code, transmit
to the Committees on Appropriations the most recent biennial
budget prepared by the United Nations for the operations of the
United Nations: Provided further, That the Secretary of State shall
notify the Committees on Appropriations at least 15 days in advance
(or in an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere in
the United Nations budget: Provided further, That not later than
June 1, 2018, and 30 days after the end of fiscal year 2018, the
Secretary of State shall report to the Committees on Appropriations
any credits attributable to the United States, including from the
United Nations Tax Equalization Fund, and provide updated fiscal
year 2018 and fiscal year 2019 assessment costs including offsets
from available credits and updated foreign currency exchange rates:
Provided further, That any such credits shall only be available
for United States assessed contributions to the United Nations
regular budget, and the Committees on Appropriations shall be
notified when such credits are applied to any assessed contribution,
including any payment of arrearages: Provided further, That any
notification regarding funds appropriated or otherwise made available under this heading in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related
programs submitted pursuant to section 7015 of this Act, section
34 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2706), or any operating plan submitted pursuant to section
7076 of this Act, shall include an estimate of all known credits
currently attributable to the United States and provide updated
assessment costs including offsets from available credits and
updated foreign currency exchange rates: Provided further, That
any payment of arrearages under this heading shall be directed
to activities that are mutually agreed upon by the United States
and the respective international organization and shall be subject
to the regular notification procedures of the Committees on Appropriations: Provided further, That none of the funds appropriated
under this heading shall be available for a United States contribution to an international organization for the United States share
of interest costs made known to the United States Government
by such organization for loans incurred on or after October 1,
1984, through external borrowings.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance
or restoration of international peace and security, $414,624,000,
of which 15 percent shall remain available until September 30,
2019: Provided, That none of the funds made available by this
Act shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least 15 days in advance
of voting for such mission in the United Nations Security Council
(or in an emergency as far in advance as is practicable), the Committees on Appropriations are notified of: (1) the estimated cost and
duration of the mission, the objectives of the mission, the national
interest that will be served, and the exit strategy; and (2) the
sources of funds, including any reprogrammings or transfers, that

H. R. 1625—491
will be used to pay the cost of the new or expanded mission,
and the estimated cost in future fiscal years: Provided further,
That none of the funds appropriated under this heading may be
made available for obligation unless the Secretary of State certifies
and reports to the Committees on Appropriations on a peacekeeping
mission-by-mission basis that the United Nations is implementing
effective policies and procedures to prevent United Nations
employees, contractor personnel, and peacekeeping troops serving
in such mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of sexual exploitation and abuse
or other violations of human rights, and to bring to justice individuals who engage in such acts while participating in such mission,
including prosecution in their home countries and making information about such prosecutions publicly available on the Web site
of the United Nations: Provided further, That the Secretary of
State shall work with the United Nations and foreign governments
contributing peacekeeping troops to implement effective vetting
procedures to ensure that such troops have not violated human
rights: Provided further, That funds shall be available for peacekeeping expenses unless the Secretary of State determines that
United States manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material for
United Nations peacekeeping activities equal to those being given
to foreign manufacturers and suppliers: Provided further, That none
of the funds appropriated or otherwise made available under this
heading may be used for any United Nations peacekeeping mission
that will involve United States Armed Forces under the command
or operational control of a foreign national, unless the President’s
military advisors have submitted to the President a recommendation that such involvement is in the national interest of the United
States and the President has submitted to Congress such a recommendation: Provided further, That not later than June 1, 2018,
and 30 days after the end of fiscal year 2018, the Secretary of
State shall report to the Committees on Appropriations any credits
attributable to the United States, including those resulting from
United Nations peacekeeping missions or the United Nations Tax
Equalization Fund, and provide updated fiscal year 2018 and fiscal
year 2019 assessment costs including offsets from available credits:
Provided further, That any such credits shall only be available
for United States assessed contributions to United Nations peacekeeping missions, and the Committees on Appropriations shall be
notified when such credits are applied to any assessed contribution,
including any payment of arrearages: Provided further, That any
notification regarding funds appropriated or otherwise made available under this heading in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related
programs submitted pursuant to section 7015 of this Act, section
34 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2706), or any operating plan submitted pursuant to section
7076 of this Act, shall include an estimate of all known credits
currently attributable to the United States and provide updated
assessment costs, including offsets from available credits: Provided
further, That any payment of arrearages with funds appropriated
by this Act shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That the
Secretary of State shall work with the United Nations and members
of the United Nations Security Council to evaluate and prioritize

H. R. 1625—492
peacekeeping missions, and to consider a draw down when mission
goals have been substantially achieved.
INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO

For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation expenses;
as follows:
SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for,
$48,134,000.
CONSTRUCTION

For detailed plan preparation and construction of authorized
projects, $29,400,000, to remain available until expended, as authorized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and the
Border Environment Cooperation Commission as authorized by the
North American Free Trade Agreement Implementation Act (Public
Law 103–182), $13,258,000: Provided, That of the amount provided
under this heading for the International Joint Commission, up
to $500,000 may remain available until September 30, 2019, and
$9,000 may be made available for representation expenses.
INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $46,356,000: Provided, That the United States share of such expenses may be
advanced to the respective commissions pursuant to section 3324
of title 31, United States Code.
RELATED AGENCY
BROADCASTING BOARD

OF

GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international communication activities, and to make and supervise grants for radio,

H. R. 1625—493
Internet, and television broadcasting to the Middle East,
$797,986,000: Provided, That in addition to amounts otherwise
available for such purposes, up to $34,508,000 of the amount appropriated under this heading may remain available until expended
for satellite transmissions and Internet freedom programs, of which
not less than $13,800,000 shall be for Internet freedom programs:
Provided further, That of the total amount appropriated under
this heading, not to exceed $35,000 may be used for representation
expenses, of which $10,000 may be used for such expenses within
the United States as authorized, and not to exceed $30,000 may
be used for representation expenses of Radio Free Europe/Radio
Liberty: Provided further, That the BBG shall notify the Committees
on Appropriations within 15 days of any determination by the
BBG that any of its broadcast entities, including its grantee
organizations, provides an open platform for international terrorists
or those who support international terrorism, or is in violation
of the principles and standards set forth in subsections (a) and
(b) of section 303 of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6202) or the entity’s journalistic code of
ethics: Provided further, That significant modifications to BBG
broadcast hours previously justified to Congress, including changes
to transmission platforms (shortwave, medium wave, satellite,
Internet, and television), for all BBG language services shall be
subject to the regular notification procedures of the Committees
on Appropriations: Provided further, That in addition to funds made
available under this heading, and notwithstanding any other provision of law, up to $5,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts from
cooperating international organizations, and up to $1,000,000 in
receipts from privatization efforts of the Voice of America and
the International Broadcasting Bureau, shall remain available until
expended for carrying out authorized purposes.
BROADCASTING CAPITAL IMPROVEMENTS

For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital transmission and reception; the purchase, rent, and installation of necessary equipment for radio, television, and digital transmission
and reception, including to Cuba, as authorized; and physical security worldwide, in addition to amounts otherwise available for such
purposes, $9,700,000, to remain available until expended, as authorized.
RELATED PROGRAMS
THE ASIA FOUNDATION
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until expended.
UNITED STATES INSTITUTE

OF

PEACE

For necessary expenses of the United States Institute of Peace,
as authorized by the United States Institute of Peace Act (22
U.S.C. 4601 et seq.), $37,884,000, to remain available until September 30, 2019, which shall not be used for construction activities.

H. R. 1625—494
CENTER

FOR

MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND

For necessary expenses of the Center for Middle EasternWestern Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078),
the total amount of the interest and earnings accruing to such
Fund on or before September 30, 2018, to remain available until
expended.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2018, to remain
available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by section 5376 of title 5, United
States Code; or for purposes which are not in accordance with
section 200 of title 2 of the Code of Federal Regulations, including
the restrictions on compensation for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452
note), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30, 2018, to remain available
until expended.
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical Interchange
Between East and West Act of 1960, by grant to the Center for
Cultural and Technical Interchange Between East and West in
the State of Hawaii, $16,700,000.
NATIONAL ENDOWMENT

FOR

DEMOCRACY

For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for Democracy Act (22 U.S.C. 4412), $170,000,000, to remain
available until expended, of which $117,500,000 shall be allocated
in the traditional and customary manner, including for the core
institutes, and $52,500,000 shall be for democracy programs.

H. R. 1625—495
OTHER COMMISSIONS
COMMISSION

FOR THE

PRESERVATION
ABROAD

OF

AMERICA’S HERITAGE

SALARIES AND EXPENSES

For necessary expenses for the Commission for the Preservation
of America’s Heritage Abroad, $675,000, as authorized by chapter
3123 of title 54, United States Code: Provided, That the Commission
may procure temporary, intermittent, and other services notwithstanding paragraph (3) of section 312304(b) of such chapter: Provided further, That such authority shall terminate on October 1,
2018: Provided further, That the Commission shall notify the
Committees on Appropriations prior to exercising such authority.
UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS
FREEDOM
SALARIES AND EXPENSES

For necessary expenses for the United States Commission on
International Religious Freedom (USCIRF), as authorized by title
II of the International Religious Freedom Act of 1998 (22 U.S.C.
6431 et seq.), $4,500,000, to remain available until September 30,
2019, including not more than $4,000 for representation expenses:
Provided, That prior to the obligation of $1,000,000 of the funds
appropriated under this heading, the Commission shall consult
with the appropriate congressional committees on the steps taken
to implement the recommendations of the Independent Review of
USCIRF Mission Effectiveness that was conducted pursuant to
the United States Commission on International Religious Freedom
Reauthorization Act of 2015 (Public Law 114–71), and such funds
shall be subject to the regular notification procedures of the
Committees on Appropriations.
COMMISSION

ON

SECURITY

AND

COOPERATION

IN

EUROPE

SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94–304 (22
U.S.C. 3001 et seq.), $2,579,000, including not more than $4,000
for representation expenses, to remain available until September
30, 2019.
CONGRESSIONAL-EXECUTIVE COMMISSION
REPUBLIC OF CHINA

ON THE

PEOPLE’S

SALARIES AND EXPENSES

For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized by title III
of the U.S.-China Relations Act of 2000 (22 U.S.C. 6911 et seq.),
$2,000,000, including not more than $3,000 for representation
expenses, to remain available until September 30, 2019.

H. R. 1625—496
UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW
COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $3,500,000, including not more
than $4,000 for representation expenses, to remain available until
September 30, 2019: Provided, That the authorities, requirements,
limitations, and conditions contained in the second through sixth
provisos under this heading in the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117) shall continue in effect during
fiscal year 2018 and shall apply to funds appropriated under this
heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
FUNDS APPROPRIATED

TO THE

PRESIDENT

OPERATING EXPENSES

For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $1,189,609,000, of which
up to $178,441,000 may remain available until September 30, 2019:
Provided, That none of the funds appropriated under this heading
and under the heading ‘‘Capital Investment Fund’’ in this title
may be made available to finance the construction (including
architect and engineering services), purchase, or long-term lease
of offices for use by the United States Agency for International
Development, unless the USAID Administrator has identified such
proposed use of funds in a report submitted to the Committees
on Appropriations at least 15 days prior to the obligation of funds
for such purposes: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may entail
commitments for the expenditure of such funds through the following fiscal year: Provided further, That the authority of sections
610 and 109 of the Foreign Assistance Act of 1961 may be exercised
by the Secretary of State to transfer funds appropriated to carry
out chapter 1 of part I of such Act to ‘‘Operating Expenses’’ in
accordance with the provisions of those sections: Provided further,
That of the funds appropriated or made available under this
heading, not to exceed $250,000 may be available for representation
and entertainment expenses, of which not to exceed $5,000 may
be available for entertainment expenses, and not to exceed $100,500
shall be for official residence expenses, for USAID during the current fiscal year.
CAPITAL INVESTMENT FUND

For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section

H. R. 1625—497
667 of the Foreign Assistance Act of 1961, $197,100,000, to remain
available until expended: Provided, That this amount is in addition
to funds otherwise available for such purposes: Provided further,
That funds appropriated under this heading shall be available
subject to the regular notification procedures of the Committees
on Appropriations.
OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $72,800,000, of which
up to $10,920,000 may remain available until September 30, 2019,
for the Office of Inspector General of the United States Agency
for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED

TO THE

PRESIDENT

For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
GLOBAL HEALTH PROGRAMS

For necessary expenses to carry out the provisions of chapters
1 and 10 of part I of the Foreign Assistance Act of 1961, for
global health activities, in addition to funds otherwise available
for such purposes, $3,020,000,000, to remain available until September 30, 2019, and which shall be apportioned directly to the
United States Agency for International Development: Provided,
That this amount shall be made available for training, equipment,
and technical assistance to build the capacity of public health
institutions and organizations in developing countries, and for such
activities as: (1) child survival and maternal health programs; (2)
immunization and oral rehydration programs; (3) other health,
nutrition, water and sanitation programs which directly address
the needs of mothers and children, and related education programs;
(4) assistance for children displaced or orphaned by causes other
than AIDS; (5) programs for the prevention, treatment, control
of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS,
including children infected or affected by AIDS; (6) disaster
preparedness training for health crises; (7) programs to prevent,
prepare for, and respond to, unanticipated and emerging global
health threats; and (8) family planning/reproductive health: Provided further, That funds appropriated under this paragraph may
be made available for a United States contribution to the GAVI
Alliance: Provided further, That none of the funds made available
in this Act nor any unobligated balances from prior appropriations
Acts may be made available to any organization or program which,
as determined by the President of the United States, supports
or participates in the management of a program of coercive abortion
or involuntary sterilization: Provided further, That any determination made under the previous proviso must be made not later

H. R. 1625—498
than 6 months after the date of enactment of this Act, and must
be accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made available under this Act may be used to pay for the performance of
abortion as a method of family planning or to motivate or coerce
any person to practice abortions: Provided further, That nothing
in this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That none of the funds
made available under this Act may be used to lobby for or against
abortion: Provided further, That in order to reduce reliance on
abortion in developing nations, funds shall be available only to
voluntary family planning projects which offer, either directly or
through referral to, or information about access to, a broad range
of family planning methods and services, and that any such voluntary family planning project shall meet the following requirements: (1) service providers or referral agents in the project shall
not implement or be subject to quotas, or other numerical targets,
of total number of births, number of family planning acceptors,
or acceptors of a particular method of family planning (this provision
shall not be construed to include the use of quantitative estimates
or indicators for budgeting and planning purposes); (2) the project
shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family
planning acceptor; or (B) program personnel for achieving a numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence
of any individual’s decision not to accept family planning services;
(4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method
chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to
be consequent to the use of the method; and (5) the project shall
ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which the
USAID Administrator determines that there has been a violation
of the requirements contained in paragraph (1), (2), (3), or (5)
of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator
shall submit to the Committees on Appropriations a report containing a description of such violation and the corrective action
taken by the Agency: Provided further, That in awarding grants
for natural family planning under section 104 of the Foreign Assistance Act of 1961 no applicant shall be discriminated against because
of such applicant’s religious or conscientious commitment to offer
only natural family planning; and, additionally, all such applicants
shall comply with the requirements of the previous proviso: Provided further, That for purposes of this or any other Act authorizing
or appropriating funds for the Department of State, foreign operations, and related programs, the term ‘‘motivate’’, as it relates
to family planning assistance, shall not be construed to prohibit
the provision, consistent with local law, of information or counseling

H. R. 1625—499
about all pregnancy options: Provided further, That information
provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits
and failure rates of such use.
In addition, for necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $5,670,000,000, to
remain available until September 30, 2022, which shall be apportioned directly to the Department of State: Provided, That funds
appropriated under this paragraph may be made available, notwithstanding any other provision of law, except for the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (Public Law 108–25), for a United States contribution to
the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global
Fund), and shall be expended at the minimum rate necessary
to make timely payment for projects and activities: Provided further,
That the amount of such contribution should be $1,350,000,000:
Provided further, That clauses (i) and (vi) of section 202(d)(4)(A)
of the United States Leadership Against HIV/AIDS, Tuberculosis,
and Malaria Act of 2003 (22 U.S.C. 7622) shall be applied with
respect to such funds made available for fiscal years 2015 through
2018 by substituting ‘‘2004’’ for ‘‘2009’’: Provided further, That up
to 5 percent of the aggregate amount of funds made available
to the Global Fund in fiscal year 2018 may be made available
to USAID for technical assistance related to the activities of the
Global Fund, subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds
appropriated under this paragraph, up to $17,000,000 may be made
available, in addition to amounts otherwise available for such purposes, for administrative expenses of the Office of the United States
Global AIDS Coordinator.
DEVELOPMENT ASSISTANCE

For necessary expenses to carry out the provisions of sections
103, 105, 106, 214, and sections 251 through 255, and chapter
10 of part I of the Foreign Assistance Act of 1961, $3,000,000,000,
to remain available until September 30, 2019.
INTERNATIONAL DISASTER ASSISTANCE

For necessary expenses to carry out the provisions of section
491 of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $2,696,534,000,
to remain available until expended.
TRANSITION INITIATIVES

For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition Initiatives, United States Agency for International Development, pursuant to section 491 of the Foreign Assistance Act of
1961, $30,000,000, to remain available until expended, to support
transition to democracy and long-term development of countries
in crisis: Provided, That such support may include assistance to

H. R. 1625—500
develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further, That the USAID Administrator
shall submit a report to the Committees on Appropriations at
least 5 days prior to beginning a new program of assistance: Provided further, That if the Secretary of State determines that it
is important to the national interest of the United States to provide
transition assistance in excess of the amount appropriated under
this heading, up to $15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign Assistance
Act of 1961 may be used for purposes of this heading and under
the authorities applicable to funds appropriated under this heading:
Provided further, That funds made available pursuant to the previous proviso shall be made available subject to prior consultation
with the Committees on Appropriations.
COMPLEX CRISES FUND

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 to support programs and activities
to prevent or respond to emerging or unforeseen foreign challenges
and complex crises overseas, $10,000,000, to remain available until
expended: Provided, That funds appropriated under this heading
may be made available on such terms and conditions as are appropriate and necessary for the purposes of preventing or responding
to such challenges and crises, except that no funds shall be made
available for lethal assistance or to respond to natural disasters:
Provided further, That funds appropriated under this heading may
be made available notwithstanding any other provision of law,
except sections 7007, 7008, and 7018 of this Act and section 620M
of the Foreign Assistance Act of 1961: Provided further, That funds
appropriated under this heading may be used for administrative
expenses, in addition to funds otherwise available for such purposes,
except that such expenses may not exceed 5 percent of the funds
appropriated under this heading: Provided further, That funds
appropriated under this heading shall be subject to the regular
notification procedures of the Committees on Appropriations, except
that such notifications shall be transmitted at least 5 days prior
to the obligation of funds.
DEVELOPMENT CREDIT AUTHORITY

For the cost of direct loans and loan guarantees provided by
the United States Agency for International Development, as authorized by sections 256 and 635 of the Foreign Assistance Act of
1961, up to $55,000,000 may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act and under
the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’:
Provided, That funds provided under this paragraph and funds
provided as a gift that are used for purposes of this paragraph
pursuant to section 635(d) of the Foreign Assistance Act of 1961
shall be made available only for micro- and small enterprise programs, urban programs, and other programs which further the
purposes of part I of such Act: Provided further, That funds provided
as a gift that are used for purposes of this paragraph shall be
subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further, That

H. R. 1625—501
such costs, including the cost of modifying such direct and guaranteed loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That funds
made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts
making appropriations for the Department of State, foreign operations, and related programs, and funds used for such cost,
including if the cost results in a negative subsidy, shall be subject
to the regular notification procedures of the Committees on Appropriations: Provided further, That the provisions of section 107A(d)
(relating to general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained
in section 306 of H.R. 1486 as reported by the House Committee
on International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this heading,
except that the principal amount of loans made or guaranteed
under this heading with respect to any single country shall not
exceed $300,000,000: Provided further, That these funds are available to subsidize total loan principal, any portion of which is to
be guaranteed, of up to $1,750,000,000.
In addition, for administrative expenses to carry out credit
programs administered by USAID, $10,000,000, which may be
transferred to, and merged with, funds made available under the
heading ‘‘Operating Expenses’’ in title II of this Act: Provided,
That funds made available under this heading shall remain available until September 30, 2020.
ECONOMIC SUPPORT FUND

For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961, $1,816,731,000,
to remain available until September 30, 2019.
DEMOCRACY FUND

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5)
of Public Law 98–164 (22 U.S.C. 4411), $150,375,000, to remain
available until September 30, 2019, which shall be made available
for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor, Department of State: Provided, That funds appropriated under this heading that are made
available to the National Endowment for Democracy and its core
institutes are in addition to amounts otherwise available by this
Act for such purposes: Provided further, That the Assistant Secretary for Democracy, Human Rights, and Labor, Department of
State, shall consult with the Committees on Appropriations prior
to the obligation of funds appropriated under this paragraph.
For an additional amount for such purposes, $65,125,000, to
remain available until September 30, 2019, which shall be made
available for the Bureau for Democracy, Conflict, and Humanitarian
Assistance, United States Agency for International Development.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961, the FREEDOM Support Act (Public

H. R. 1625—502
Law 102–511), and the Support for Eastern European Democracy
(SEED) Act of 1989 (Public Law 101–179), $750,334,000, to remain
available until September 30, 2019, which shall be available, notwithstanding any other provision of law, except section 7070 of
this Act, for assistance and related programs for countries identified
in section 3 of Public Law 102–511 (22 U.S.C. 5801) and section
3(c) of Public Law 101–179 (22 U.S.C. 5402), in addition to funds
otherwise available for such purposes: Provided, That funds appropriated by this Act under the headings ‘‘Global Health Programs’’,
‘‘Economic Support Fund’’, and ‘‘International Narcotics Control
and Law Enforcement’’ that are made available for assistance for
such countries shall be administered in accordance with the responsibilities of the coordinator designated pursuant to section 102
of Public Law 102–511 and section 601 of Public Law 101–179:
Provided further, That funds appropriated under this heading shall
be considered to be economic assistance under the Foreign Assistance Act of 1961 for purposes of making available the administrative
authorities contained in that Act for the use of economic assistance.
DEPARTMENT

OF

STATE

MIGRATION AND REFUGEE ASSISTANCE

For necessary expenses not otherwise provided for, to enable
the Secretary of State to carry out the provisions of section 2(a)
and (b) of the Migration and Refugee Assistance Act of 1962, and
other activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and hire
of passenger motor vehicles; and services as authorized by section
3109 of title 5, United States Code, $927,802,000, to remain available until expended, of which not less than $35,000,000 shall be
made available to respond to small-scale emergency humanitarian
requirements, and $7,500,000 shall be made available for refugees
resettling in Israel.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE
FUND

For necessary expenses to carry out the provisions of section
2(c) of the Migration and Refugee Assistance Act of 1962, as
amended (22 U.S.C. 2601(c)), $1,000,000, to remain available until
expended: Provided, That amounts in excess of the limitation contained in paragraph (2) of such section shall be transferred to,
and merged with, funds made available by this Act under the
heading ‘‘Migration and Refugee Assistance’’.
INDEPENDENT AGENCIES
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not
to exceed five passenger motor vehicles for administrative purposes
for use outside of the United States, $410,000,000, of which

H. R. 1625—503
$5,500,000 is for the Office of Inspector General, to remain available
until September 30, 2019: Provided, That the Director of the Peace
Corps may transfer to the Foreign Currency Fluctuations Account,
as authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further, That
funds transferred pursuant to the previous proviso may not be
derived from amounts made available for Peace Corps overseas
operations: Provided further, That of the funds appropriated under
this heading, not to exceed $104,000 may be available for representation expenses, of which not to exceed $4,000 may be made available for entertainment expenses: Provided further, That any decision to open, close, significantly reduce, or suspend a domestic
or overseas office or country program shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations, except that prior consultation and
regular notification procedures may be waived when there is a
substantial security risk to volunteers or other Peace Corps personnel, pursuant to section 7015(e) of this Act: Provided further,
That none of the funds appropriated under this heading shall be
used to pay for abortions: Provided further, That notwithstanding
the previous proviso, section 614 of division E of Public Law 113–
76 shall apply to funds appropriated under this heading.
MILLENNIUM CHALLENGE CORPORATION

For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$905,000,000, to remain available until expended: Provided, That
of the funds appropriated under this heading, up to $105,000,000
may be available for administrative expenses of the Millennium
Challenge Corporation (MCC): Provided further, That up to 5 percent of the funds appropriated under this heading may be made
available to carry out the purposes of section 616 of the MCA
for fiscal year 2018: Provided further, That section 605(e) of the
MCA shall apply to funds appropriated under this heading: Provided
further, That funds appropriated under this heading may be made
available for a Millennium Challenge Compact entered into pursuant to section 609 of the MCA only if such Compact obligates,
or contains a commitment to obligate subject to the availability
of funds and the mutual agreement of the parties to the Compact
to proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact: Provided further, That the MCC Chief Executive Officer shall notify the Committees on Appropriations not later than 15 days prior to commencing
negotiations for any country compact or threshold country program;
signing any such compact or threshold program; or terminating
or suspending any such compact or threshold program: Provided
further, That funds appropriated under this heading by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are available to implement section 609(g) of the MCA shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided further, That no country should be eligible for a threshold
program after such country has completed a country compact: Provided further, That any funds that are deobligated from a Millennium Challenge Compact shall be subject to the regular notification

H. R. 1625—504
procedures of the Committees on Appropriations prior to re-obligation: Provided further, That notwithstanding section 606(a)(2) of
the MCA, a country shall be a candidate country for purposes
of eligibility for assistance for the fiscal year if the country has
a per capita income equal to or below the World Bank’s lower
middle income country threshold for the fiscal year and is among
the 75 lowest per capita income countries as identified by the
World Bank; and the country meets the requirements of section
606(a)(1)(B) of the MCA: Provided further, That notwithstanding
section 606(b)(1) of the MCA, in addition to countries described
in the preceding proviso, a country shall be a candidate country
for purposes of eligibility for assistance for the fiscal year if the
country has a per capita income equal to or below the World
Bank’s lower middle income country threshold for the fiscal year
and is not among the 75 lowest per capita income countries as
identified by the World Bank; and the country meets the requirements of section 606(a)(1)(B) of the MCA: Provided further, That
any MCC candidate country under section 606 of the MCA with
a per capita income that changes in the fiscal year such that
the country would be reclassified from a low income country to
a lower middle income country or from a lower middle income
country to a low income country shall retain its candidacy status
in its former income classification for the fiscal year and the 2
subsequent fiscal years: Provided further, That publication in the
Federal Register of a notice of availability of a copy of a Compact
on the MCC Web site shall be deemed to satisfy the requirements
of section 610(b)(2) of the MCA for such Compact: Provided further,
That none of the funds made available by this Act or prior Acts
making appropriations for the Department of State, foreign operations, and related programs shall be available for a threshold
program in a country that is not currently a candidate country:
Provided further, That of the funds appropriated under this heading,
not to exceed $100,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be
available for entertainment expenses.
INTER-AMERICAN FOUNDATION

For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section
401 of the Foreign Assistance Act of 1969, $22,500,000, to remain
available until September 30, 2019: Provided, That of the funds
appropriated under this heading, not to exceed $2,000 may be
available for representation expenses.
UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96–533; 22 U.S.C. 290h
et seq.), $30,000,000, to remain available until September 30, 2019,
of which not to exceed $2,000 may be available for representation
expenses: Provided, That funds made available to grantees may
be invested pending expenditure for project purposes when authorized by the Board of Directors of the United States African Development Foundation (USADF): Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act (22 U.S.C. 290h–3(a)(2)), in

H. R. 1625—505
exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section with
respect to a project and a project may exceed the limitation by
up to 10 percent if the increase is due solely to foreign currency
fluctuation: Provided further, That the USADF shall submit a report
to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF
may make rent or lease payments in advance from appropriations
available for such purpose for offices, buildings, grounds, and quarters in Africa as may be necessary to carry out its functions:
Provided further, That the USADF may maintain bank accounts
outside the United States Treasury and retain any interest earned
on such accounts, in furtherance of the purposes of the African
Development Foundation Act: Provided further, That the USADF
may not withdraw any appropriation from the Treasury prior to
the need of spending such funds for program purposes.
DEPARTMENT

OF THE

TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For necessary expenses to carry out the provisions of section
129 of the Foreign Assistance Act of 1961, $30,000,000, to remain
available until September 30, 2020: Provided, That amounts made
available under this heading may be made available to contract
for services as described in section 129(d)(3)(A) of the Foreign
Assistance Act of 1961, without regard to the location in which
such services are performed.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
DEPARTMENT

OF

STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $950,845,000, to remain available until
September 30, 2019: Provided, That the Department of State may
use the authority of section 608 of the Foreign Assistance Act
of 1961, without regard to its restrictions, to receive excess property
from an agency of the United States Government for the purpose
of providing such property to a foreign country or international
organization under chapter 8 of part I of such Act, subject to
the regular notification procedures of the Committees on Appropriations: Provided further, That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under
this heading, except that any funds made available notwithstanding
such section shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That funds
appropriated under this heading shall be made available to support
training and technical assistance for foreign law enforcement,
corrections, and other judicial authorities, utilizing regional partners: Provided further, That funds made available under this
heading that are transferred to another department, agency, or
instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess

H. R. 1625—506
of $5,000,000, and any agreement made pursuant to section 632(a)
of such Act, shall be subject to the regular notification procedures
of the Committees on Appropriations.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS

For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $655,467,000, to
remain available until September 30, 2019, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support
Act, section 23 of the Arms Export Control Act, or the Foreign
Assistance Act of 1961 for demining activities, the clearance of
unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of
1961 for a United States contribution to the Comprehensive Nuclear
Test Ban Treaty Preparatory Commission, and for a voluntary
contribution to the International Atomic Energy Agency (IAEA):
Provided, That the Secretary of State shall inform the appropriate
congressional committees of information regarding any separate
arrangements relating to the ‘‘Road-map for the Clarification of
Past and Present Outstanding Issues Regarding Iran’s Nuclear
Program’’ between the IAEA and the Islamic Republic of Iran,
in classified form if necessary, if such information becomes known
to the Department of State: Provided further, That funds made
available under this heading for the Nonproliferation and Disarmament Fund shall be made available, notwithstanding any other
provision of law and subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations, to promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and shall
remain available until expended: Provided further, That such funds
may also be used for such countries other than the Independent
States of the former Soviet Union and international organizations
when it is in the national security interest of the United States
to do so: Provided further, That funds appropriated under this
heading may be made available for the IAEA unless the Secretary
of State determines that Israel is being denied its right to participate in the activities of that Agency: Provided further, That funds
made available for conventional weapons destruction programs,
including demining and related activities, in addition to funds otherwise available for such purposes, may be used for administrative
expenses related to the operation and management of such programs and activities, subject to the regular notification procedures
of the Committees on Appropriations.
PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $212,712,000: Provided,
That funds appropriated under this heading may be used, notwithstanding section 660 of such Act, to provide assistance to enhance
the capacity of foreign civilian security forces, including gendarmes,
to participate in peacekeeping operations: Provided further, That

H. R. 1625—507
of the funds appropriated under this heading, not less than
$31,000,000 shall be made available for a United States contribution
to the Multinational Force and Observers mission in the Sinai:
Provided further, That none of the funds appropriated under this
heading shall be obligated except as provided through the regular
notification procedures of the Committees on Appropriations.
FUNDS APPROPRIATED

TO THE

PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section
541 of the Foreign Assistance Act of 1961, $110,875,000, of which
up to $11,000,000 may remain available until September 30, 2019:
Provided, That the civilian personnel for whom military education
and training may be provided under this heading may include
civilians who are not members of a government whose participation
would contribute to improved civil-military relations, civilian control
of the military, or respect for human rights: Provided further,
That of the funds appropriated under this heading, not to exceed
$55,000 may be available for entertainment expenses.
FOREIGN MILITARY FINANCING PROGRAM

For necessary expenses for grants to enable the President to
carry out the provisions of section 23 of the Arms Export Control
Act, $5,671,613,000: Provided, That to expedite the provision of
assistance to foreign countries and international organizations, the
Secretary of State, following consultation with the Committees on
Appropriations and subject to the regular notification procedures
of such Committees, may use the funds appropriated under this
heading to procure defense articles and services to enhance the
capacity of foreign security forces: Provided further, That of the
funds appropriated under this heading, not less than $3,100,000,000
shall be available for grants only for Israel which shall be disbursed
within 30 days of enactment of this Act: Provided further, That
to the extent that the Government of Israel requests that funds
be used for such purposes, grants made available for Israel under
this heading shall, as agreed by the United States and Israel,
be available for advanced weapons systems, of which not less than
$815,300,000 shall be available for the procurement in Israel of
defense articles and defense services, including research and
development: Provided further, That funds appropriated or otherwise made available under this heading shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms Export
Control Act: Provided further, That funds made available under
this heading shall be obligated upon apportionment in accordance
with paragraph (5)(C) of section 1501(a) of title 31, United States
Code.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurement
has first signed an agreement with the United States Government
specifying the conditions under which such procurement may be
financed with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the regular

H. R. 1625—508
notification procedures of section 7015 of this Act: Provided further,
That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That only those countries for which
assistance was justified for the ‘‘Foreign Military Sales Financing
Program’’ in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available
under this heading for procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act: Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That
not more than $75,000,000 of the funds appropriated under this
heading may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only for use
outside of the United States, for the general costs of administering
military assistance and sales, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds
made available under this heading for general costs of administering
military assistance and sales, not to exceed $4,000 may be available
for entertainment expenses and not to exceed $130,000 may be
available for representation expenses: Provided further, That not
more than $950,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal year
2018 pursuant to section 43(b) of the Arms Export Control Act,
except that this limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
FUNDS APPROPRIATED

TO THE

PRESIDENT

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, and of section 2 of
the United Nations Environment Program Participation Act of 1973
(Public Law 93–188; 87 Stat. 713), $339,000,000: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 shall not
apply to contributions to the United Nations Democracy Fund.
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY

For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by
the Secretary of the Treasury, $139,575,000, to remain available
until expended.

H. R. 1625—509
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association by
the Secretary of the Treasury, $1,097,010,000, to remain available
until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For payment to the Asian Development Bank’s Asian Development Fund by the Secretary of the Treasury, $47,395,000, to remain
available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

For payment to the African Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion
of the increase in capital stock, $32,418,000, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an
amount not to exceed $507,860,808.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For payment to the African Development Fund by the Secretary
of the Treasury, $171,300,000, to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL
DEVELOPMENT

For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $30,000,000, to
remain available until expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK

OF THE

UNITED STATES

INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $5,700,000, of which up to $855,000 may remain
available until September 30, 2019.
PROGRAM ACCOUNT

The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 9104 of title 31,

H. R. 1625—510
United States Code, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided,
That none of the funds available during the current fiscal year
may be used to make expenditures, contracts, or commitments
for the export of nuclear equipment, fuel, or technology to any
country, other than a nuclear-weapon state as defined in Article
IX of the Treaty on the Non-Proliferation of Nuclear Weapons
eligible to receive economic or military assistance under this Act,
that has detonated a nuclear explosive after the date of the enactment of this Act.
ADMINISTRATIVE EXPENSES

For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger
motor vehicles and services as authorized by section 3109 of title
5, United States Code, and not to exceed $30,000 for official reception and representation expenses for members of the Board of
Directors, not to exceed $110,000,000, of which up to $16,500,000
may remain available until September 30, 2019: Provided, That
the Export-Import Bank (the Bank) may accept, and use, payment
or services provided by transaction participants for legal, financial,
or technical services in connection with any transaction for which
an application for a loan, guarantee or insurance commitment has
been made: Provided further, That the Bank shall charge fees
for necessary expenses (including special services performed on
a contract or fee basis, but not including other personal services)
in connection with the collection of moneys owed the Bank, repossession or sale of pledged collateral or other assets acquired by the
Bank in satisfaction of moneys owed the Bank, or the investigation
or appraisal of any property, or the evaluation of the legal, financial,
or technical aspects of any transaction for which an application
for a loan, guarantee or insurance commitment has been made,
or systems infrastructure directly supporting transactions: Provided
further, That in addition to other funds appropriated for administrative expenses, such fees shall be credited to this account for such
purposes, to remain available until expended.
RECEIPTS COLLECTED

Receipts collected pursuant to the Export-Import Bank Act
of 1945 (Public Law 79–173) and the Federal Credit Reform Act
of 1990, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this account:
Provided, That the sums herein appropriated from the General
Fund shall be reduced on a dollar-for-dollar basis by such offsetting
collections so as to result in a final fiscal year appropriation from
the General Fund estimated at $0: Provided further, That amounts
collected in fiscal year 2018 in excess of obligations, up to
$10,000,000 shall become available on September 1, 2018, and
shall remain available until September 30, 2021.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT

The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided

H. R. 1625—511
by section 9104 of title 31, United States Code, such expenditures
and commitments within the limits of funds available to it and
in accordance with law as may be necessary: Provided, That the
amount available for administrative expenses to carry out the credit
and insurance programs (including an amount for official reception
and representation expenses which shall not exceed $35,000) shall
not exceed $79,200,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred in
claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to
section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
PROGRAM ACCOUNT

For the cost of direct and guaranteed loans as authorized
by section 234 of the Foreign Assistance Act of 1961, $20,000,000,
to be derived by transfer from the Overseas Private Investment
Corporation Noncredit Account, to remain available until September
30, 2020: 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 funds so obligated
in fiscal year 2018 remain available for disbursement through 2026;
funds obligated in fiscal year 2019 remain available for disbursement through 2027; and funds obligated in fiscal year 2020 remain
available for disbursement through 2028: Provided further, That
notwithstanding any other provision of law, the Overseas Private
Investment Corporation is authorized to undertake any program
authorized by title IV of chapter 2 of part I of the Foreign Assistance
Act of 1961 in Iraq: Provided further, That funds made available
pursuant to the authority of the previous proviso shall be subject
to the regular notification procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from
amounts available for administrative expenses to carry out the
credit and insurance programs in the Overseas Private Investment
Corporation Noncredit Account and merged with said account.
TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $79,500,000, to remain
available until September 30, 2019: Provided, That of the funds
appropriated under this heading, not more than $5,000 may be
available for representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
ALLOWANCES AND DIFFERENTIALS

SEC. 7001. Funds appropriated under title I of this Act shall
be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and

H. R. 1625—512
for hire of passenger transportation pursuant to section 1343(b)
of title 31, United States Code.
UNOBLIGATED BALANCES REPORT

SEC. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances
and obligated, but unexpended, balances by program, project, and
activity, and Treasury Account Fund Symbol of all funds received
by such department or agency in fiscal year 2018 or any previous
fiscal year, disaggregated by fiscal year: Provided, That the report
required by this section shall be submitted not later than 30 days
after the end of each fiscal quarter and should specify by account
the amount of funds obligated pursuant to bilateral agreements
which have not been further sub-obligated.
CONSULTING SERVICES

SEC. 7003. The expenditure of any appropriation under title
I of 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.
DIPLOMATIC FACILITIES

SEC. 7004. (a) CAPITAL
TION.—The Secretary of State

SECURITY COST SHARING INFORMAshall promptly inform the Committees
on Appropriations of each instance in which a Federal department
or agency is delinquent in providing the full amount of funding
required by section 604(e) of the Secure Embassy Construction
and Counterterrorism Act of 1999 (22 U.S.C. 4865 note).
(b) EXCEPTION.—Notwithstanding paragraph (2) of section
604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (title VI of division A of H.R. 3427, as enacted into
law by section 1000(a)(7) of Public Law 106–113 and contained
in appendix G of that Act), as amended by section 111 of the
Department of State Authorities Act, Fiscal Year 2017 (Public Law
114–323), a project to construct a facility of the United States
may include office space or other accommodations for members
of the United States Marine Corps.
(c) NEW DIPLOMATIC FACILITIES.—For the purposes of calculating the fiscal year 2018 costs of providing new United States
diplomatic facilities in accordance with section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C.
4865 note), the Secretary of State, in consultation with the Director
of the Office of Management and Budget, shall determine the annual
program level and agency shares in a manner that is proportional
to the contribution of the Department of State for this purpose:
Provided, That funds appropriated by this Act that are made available for departments and agencies of the United States Government
shall be made available for the Capital Security Cost Sharing
Program and the Maintenance Cost Sharing Program at levels
not less than the prior fiscal year.

H. R. 1625—513
(d) CONSULTATION AND NOTIFICATION.—Funds appropriated by
this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs, which may be
made available for the acquisition of property or award of construction contracts for overseas United States diplomatic facilities during
fiscal year 2018, shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on Appropriations: Provided, That notifications pursuant to this subsection shall
include the information enumerated under the heading ‘‘Embassy
Security, Construction, and Maintenance’’ in House Report 115–
253 and Senate Report 114–290: Provided further, That any such
notification for a new diplomatic facility justified to the Committees
on Appropriations in the Congressional Budget Justification,
Department of State, Foreign Operations, and Related Programs,
Fiscal Year 2018, or not previously justified to such Committees,
shall also include confirmation that the Department of State has
completed the requisite value engineering studies required pursuant
to OMB Circular A–131, Value Engineering December 31, 2013
and the Bureau of Overseas Building Operations Policy and Procedure Directive, P&PD, Cost 02: Value Engineering.
(e) INTERIM AND TEMPORARY FACILITIES ABROAD.—
(1) SECURITY VULNERABILITIES.—Funds appropriated by
this Act under the heading ‘‘Embassy Security, Construction,
and Maintenance’’ may be made available, following consultation with the appropriate congressional committees, to address
security vulnerabilities at interim and temporary United States
diplomatic facilities abroad, including physical security
upgrades and local guard staffing, except that the amount
of funds made available for such purposes from this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be a minimum
of $25,000,000.
(2) CONSULTATION.—Notwithstanding any other provision
of law, the opening, closure, or any significant modification
to an interim or temporary United States diplomatic facility
shall be subject to prior consultation with the appropriate
congressional committees and the regular notification procedures of the Committees on Appropriations, except that such
consultation and notification may be waived if there is a security risk to personnel.
(f) TRANSFER OF FUNDS AUTHORITY.—Funds appropriated under
the heading ‘‘Diplomatic and Consular Programs’’, including for
Worldwide Security Protection, and under the heading ‘‘Embassy
Security, Construction, and Maintenance’’ in this Act may be transferred to, and merged with, funds appropriated under such headings
if the Secretary of State determines and reports to the Committees
on Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board,
or to prevent or respond to security situations and requirements,
following consultation with, and subject to the regular notification
procedures of, such Committees: Provided, That such transfer
authority is in addition to any transfer authority otherwise available
under any other provision of law.
(g) SOFT TARGETS.—Funds appropriated by this Act under the
heading ‘‘Embassy Security, Construction, and Maintenance’’ may
be made available for security upgrades to soft targets, including
schools, recreational facilities, and residences used by United States

H. R. 1625—514
diplomatic personnel and their dependents, except that the amount
made available for such purposes shall be a minimum of
$10,000,000.
(h) SECURE RESUPPLY AND MAINTENANCE.—The Secretary of
State may not grant final approval for the construction of a new
facility or substantial construction to improve or expand an existing
facility in the United States by or for the Government of the
People’s Republic of China until the Secretary certifies and reports
to the appropriate congressional committees that an agreement
has been concluded between the Governments of the United States
and the People’s Republic of China that permits secure resupply,
maintenance, and new construction of United States Government
facilities in the People’s Republic of China.
(i) NEW EMBASSY COMPOUND KINSHASA.—Of the funds appropriated by this Act under the heading ‘‘Peacekeeping Operations’’
that are made available for the central Government of the Democratic Republic of the Congo, 25 percent shall be withheld from
obligation until the Secretary of State certifies and reports to the
Committees on Appropriations that such Government has fully
vacated the property purchased by the United States in Kinshasa
for the construction of a New Embassy Compound.
(j) REPORTS.—
(1) None of the funds appropriated under the heading
‘‘Embassy Security, Construction, and Maintenance’’ in this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs, made available through Federal agency Capital Security Cost Sharing
contributions and reimbursements, or generated from the proceeds of real property sales, other than from real property
sales located in London, United Kingdom, may be made available for site acquisition and mitigation, planning, design, or
construction of the New London Embassy: Provided, That the
reporting requirement contained in section 7004(f)(2) of the
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–
74) shall remain in effect during fiscal year 2018.
(2) Within 45 days of enactment of this Act and every
4 months thereafter until September 30, 2019, the Secretary
of State shall submit to the Committees on Appropriations
a report on the new Mexico City Embassy, New Delhi Embassy,
and Beirut Embassy projects: Provided, That such report shall
include, for each of the projects—
(A) a detailed breakout of the project factors that
formed the basis of the initial cost estimate used to justify
such project to the Committees on Appropriations, as
described under the heading ‘‘Embassy Security, Construction, and Maintenance’’ in House Report 115–253;
(B) a comparison of the current project factors as compared to the project factors submitted pursuant to subparagraph (A) of this subsection, and an explanation of any
changes; and
(C) the impact of currency exchange rate fluctuations
on project costs.

H. R. 1625—515
PERSONNEL ACTIONS

SEC. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available under title
I 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 7015 of this Act.
DEPARTMENT OF STATE MANAGEMENT

SEC. 7006. (a) FINANCIAL SYSTEMS IMPROVEMENT.—Funds
appropriated by this Act for the operations of the Department
of State under the headings ‘‘Diplomatic and Consular Programs’’
and ‘‘Capital Investment Fund’’ shall be made available to implement the recommendations contained in the Foreign Assistance
Data Review Findings Report (FADR) and the Office of Inspector
General (OIG) report entitled ‘‘Department Financial Systems Are
Insufficient to Track and Report on Foreign Assistance Funds’’:
Provided, That not later than 45 days after enactment of this
Act, the Secretary of State shall submit to the Committees on
Appropriations an update to the plan required under section 7006
of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–
31) for implementing the FADR and OIG recommendations: Provided further, That such funds may not be obligated for enhancements to, or expansions of, the Budget System Modernization Financial System, Central Resource Management System, Joint Financial
Management System, or Foreign Assistance Coordination and
Tracking System until such updated plan is submitted to the
Committees on Appropriations: Provided further, That such funds
may not be obligated for new, or expansion of existing, ad hoc
electronic systems to track commitments, obligations, or expenditures of funds unless the Secretary of State, following consultation
with the Chief Information Officer of the Department of State,
has reviewed and certified that such new system or expansion
is consistent with the FADR and OIG recommendations.
(b) WORKING CAPITAL FUND.—Funds appropriated by this Act
or otherwise made available to the Department of State for payments to the Working Capital Fund may only be used for the
service centers included in the Congressional Budget Justification,
Department of State, Foreign Operations, and Related Programs,
Fiscal Year 2018: Provided, That the amounts for such service
centers shall be the amounts included in such budget justification,
except as provided in section 7015(b) of this Act: Provided further,
That Federal agency components shall be charged only for their
direct usage of each Working Capital Fund service: Provided further,
That prior to increasing the percentage charged to Department
of State bureaus and offices for procurement-related activities, the
Secretary of State shall include the proposed increase in the Department of State budget justification or, at least 60 days prior to
the increase, provide the Committees on Appropriations a justification for such increase, including a detailed assessment of the cost

H. R. 1625—516
and benefit of the services provided by the procurement fee: Provided further, That Federal agency components may only pay for
Working Capital Fund services that are consistent with the purpose
and authorities of such components: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed
at rates which will return the full cost of each service.
(c) CERTIFICATION.—
(1) Not later than 45 days after the initial obligation of
funds appropriated under titles III and IV of this Act that
are made available to a Department of State bureau or office
with responsibility for the management and oversight of such
funds, the Secretary of State shall certify and report to the
Committees on Appropriations, on an individual bureau or office
basis, that such bureau or office is in compliance with Department and Federal financial and grants management policies,
procedures, and regulations, as applicable.
(2) When making a certification required by paragraph
(1), the Secretary of State shall consider the capacity of a
bureau or office to—
(A) account for the obligated funds at the country
and program level, as appropriate;
(B) identify risks and develop mitigation and monitoring plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) If the Secretary of State is unable to make a certification
required by paragraph (1), the Secretary shall submit a plan
and timeline detailing the steps to be taken to bring such
bureau or office into compliance.
(4) The report accompanying a certification required by
paragraph (1) shall include the requirements contained under
this section in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
(d) REPORT ON SOLE SOURCE AWARDS.—Not later than
December 31, 2018, the Secretary of State shall submit a report
to the appropriate congressional committees detailing all sole-source
awards made by the Department of State during the previous
fiscal year in excess of $2,000,000: Provided, That such report
should be posted on the Department of State Web site.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria:
Provided, That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans, credits, insurance, and guarantees of the Export-Import Bank or its agents.
´ TAT
COUPS D’E
SEC. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government
is deposed by military coup d’e´tat or decree or, after the date

H. R. 1625—517
of enactment of this Act, a coup d’e´tat or decree in which the
military plays a decisive role: Provided, That assistance may be
resumed to such government if the Secretary of State certifies
and reports to the appropriate congressional committees that subsequent to the termination of assistance a democratically elected
government has taken office: Provided further, That the provisions
of this section shall not apply to assistance to promote democratic
elections or public participation in democratic processes: Provided
further, That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the
Committees on Appropriations.
TRANSFER OF FUNDS AUTHORITY

SEC. 7009. (a) DEPARTMENT OF STATE AND BROADCASTING
BOARD OF GOVERNORS.—
(1) DEPARTMENT OF STATE.—Not to exceed 5 percent of
any appropriation made available for the current fiscal year
for the Department of State under title I of this Act may
be transferred between, and merged with, such appropriations,
but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any
such transfers, and no such transfer may be made to increase
the appropriation under the heading ‘‘Representation
Expenses’’.
(2) BROADCASTING BOARD OF GOVERNORS.—Not to exceed
5 percent of any appropriation made available for the current
fiscal year for the Broadcasting Board of Governors under title
I of this Act may be transferred between, and merged with,
such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than
10 percent by any such transfers.
(3) TREATMENT AS REPROGRAMMING.—Any transfer pursuant to this subsection shall be treated as a reprogramming
of funds under section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with
the procedures set forth in that section.
(b) TITLE VI AGENCIES.—Not to exceed 5 percent of any appropriation, other than for administrative expenses made available
for fiscal year 2018, for programs under title VI of this Act may
be transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation, except
as otherwise specifically provided, shall be increased by more than
25 percent by any such transfer: Provided, That the exercise of
such authority shall be subject to the regular notification procedures
of the Committees on Appropriations.
(c) LIMITATION ON TRANSFERS OF FUNDS BETWEEN AGENCIES.—
(1) IN GENERAL.—None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations
Act.
(2) ALLOCATION AND TRANSFERS.—Notwithstanding paragraph (1), in addition to transfers made by, or authorized
elsewhere in, this Act, funds appropriated by this Act to carry

H. R. 1625—518
out the purposes of the Foreign Assistance Act of 1961 may
be allocated or transferred to agencies of the United States
Government pursuant to the provisions of sections 109, 610,
and 632 of the Foreign Assistance Act of 1961.
(3) NOTIFICATION.—Any agreement entered into by the
United States Agency for International Development or the
Department of State with any department, agency, or
instrumentality of the United States Government pursuant to
section 632(b) of the Foreign Assistance Act of 1961 valued
in excess of $1,000,000 and any agreement made pursuant
to section 632(a) of such Act, with funds appropriated by this
Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs under the
headings ‘‘Global Health Programs’’, ‘‘Development Assistance’’,
‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia
and Central Asia’’ shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided,
That the requirement in the previous sentence shall not apply
to agreements entered into between USAID and the Department of State.
(d) TRANSFER OF FUNDS BETWEEN ACCOUNTS.—None of the
funds made available under titles II through V of this Act may
be obligated under an appropriations account to which such funds
were not appropriated, except for transfers specifically provided
for in this Act, unless the President, not less than 5 days prior
to the exercise of any authority contained in the Foreign Assistance
Act of 1961 to transfer funds, consults with and provides a written
policy justification to the Committees on Appropriations.
(e) AUDIT OF INTER-AGENCY TRANSFERS OF FUNDS.—Any agreement for the transfer or allocation of funds appropriated by this
Act or prior Acts making appropriations for the Department of
State, foreign operations and related programs, entered into
between the Department of State or USAID and another agency
of the United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Inspector General
(IG) for the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the receiving
agency does not have an IG, shall perform periodic program and
financial audits of the use of such funds and report to the Department of State or USAID, as appropriate, upon completion of such
audits: Provided, That such audits shall be transmitted to the
Committees on Appropriations by the Department of State or
USAID, as appropriate: Provided further, That funds transferred
under such authority may be made available for the cost of such
audits.
(f) REPORT.—Not later than 90 days after enactment of this
Act, the Secretary of State and the USAID Administrator shall
each submit a report to the Committees on Appropriations detailing
all transfers to another agency of the United States Government
made pursuant to sections 632(a) and 632(b) of the Foreign Assistance Act of 1961 with funds provided in the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115–31) as of the date of enactment
of this Act: Provided, That such reports shall include a list of
each transfer made pursuant to such sections with the respective
funding level, appropriation account, and the receiving agency.

H. R. 1625—519
PROHIBITION ON CERTAIN OPERATIONAL EXPENSES

SEC. 7010. (a) FIRST-CLASS TRAVEL.—None of the funds made
available by this Act may be used for first-class travel by employees
of United States Government departments and agencies funded
by this Act in contravention of section 301–10.122 through 301–
10.124 of title 41, Code of Federal Regulations.
(b) COMPUTER NETWORKS.—None of the funds made available
by this Act for the operating expenses of any United States Government department or agency may be used to establish or maintain
a computer network for use by such department or agency unless
such network has filters designed to block access to sexually explicit
Web sites: Provided, That nothing in this subsection shall limit
the use of funds necessary for any Federal, State, tribal, or local
law enforcement agency, or any other entity carrying out the following activities: criminal investigations, prosecutions, and adjudications; administrative discipline; and the monitoring of such
Web sites undertaken as part of official business.
(c) PROHIBITION ON PROMOTION OF TOBACCO.—None of the
funds made available by this Act should 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.
AVAILABILITY OF FUNDS

SEC. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration of
the current fiscal year unless expressly so provided by this Act:
Provided, That funds appropriated for the purposes of chapters
1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of
part II of the Foreign Assistance Act of 1961, section 23 of the
Arms Export Control Act, and funds provided under the headings
‘‘Development Credit Authority’’ and ‘‘Assistance for Europe, Eurasia and Central Asia’’ shall remain available for an additional
4 years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially obligated
before the expiration of their respective periods of availability contained in this Act: Provided further, That the availability of funds
pursuant to the previous proviso shall not be applicable to such
funds until the Secretary of State submits the report required
under section 7011 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2016 (division K of Public
Law 114–113): Provided further, That notwithstanding any other
provision of this Act, any funds made available for the purposes
of chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 which are allocated or obligated for cash
disbursements in order to address balance of payments or economic
policy reform objectives, shall remain available for an additional
4 years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially allocated
or obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That the Secretary of State shall provide a report to the Committees on Appropriations not later than October 30, 2018, detailing by account

H. R. 1625—520
and source year, the use of this authority during the previous
fiscal year.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

SEC. 7012. No part of any appropriation provided under titles
III through VI in this Act shall be used to furnish assistance
to the government of any country which is in default during a
period in excess of 1 calendar year in payment to the United
States of principal or interest on any loan made to the government
of such country by the United States pursuant to a program for
which funds are appropriated under this Act unless the President
determines, following consultation with the Committees on Appropriations, that assistance for such country is in the national interest
of the United States.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

SEC. 7013. (a) PROHIBITION ON TAXATION.—None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which
such assistance is to be provided unless such agreement includes
a provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State and the Administrator of the
United States Agency for International Development shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform with this requirement.
(b) NOTIFICATION AND REIMBURSEMENT OF FOREIGN TAXES.—
An amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2018 on funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs by a foreign government
or entity against United States assistance programs, either directly
or through grantees, contractors, and subcontractors, shall be withheld from obligation from funds appropriated for assistance for
fiscal year 2019 and for prior fiscal years and allocated for the
central government of such country or for the West Bank and
Gaza program, as applicable, if, not later than September 30, 2019,
such taxes have not been reimbursed: Provided, That the Secretary
of State shall report to the Committees on Appropriations by such
date on the foreign governments and entities that have not
reimbursed such taxes, including any amount of funds withheld
pursuant to this subsection.
(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection (b).
(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each foreign government or entity pursuant to subsection
(b) shall be reprogrammed for assistance for countries which do
not assess taxes on United States assistance or which have an
effective arrangement that is providing substantial reimbursement
of such taxes, and that can reasonably accommodate such assistance
in a programmatically responsible manner.
(e) DETERMINATIONS.—
(1) IN GENERAL.—The provisions of this section shall not
apply to any foreign government or entity that assesses such

H. R. 1625—521
taxes if the Secretary of State reports to the Committees on
Appropriations that—
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement
of such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) CONSULTATION.—The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior
to exercising the authority of this subsection with regard to
any foreign government or entity.
(f) IMPLEMENTATION.—The Secretary of State shall issue and
update rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance contained in this section.
(g) DEFINITIONS.—As used in this section:
(1) BILATERAL AGREEMENT.—The term ‘‘bilateral agreement’’ refers to a framework bilateral agreement between the
Government of the United States and the government of the
country receiving assistance that describes the privileges and
immunities applicable to United States foreign assistance for
such country generally, or an individual agreement between
the Government of the United States and such government
that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement.
(2) TAXES AND TAXATION.—The term ‘‘taxes and taxation’’
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.
(h) REPORT.—Not later than 90 days after enactment of this
Act, the Secretary of State, in consultation with the heads of other
relevant agencies of the United States Government, shall submit
a report to the Committees on Appropriations on the requirements
contained under this section in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act).
RESERVATIONS OF FUNDS

SEC. 7014. (a) REPROGRAMMING.—Funds appropriated under
titles III through VI of this Act which are specifically designated
may be reprogrammed for other programs within the same account
notwithstanding the designation if compliance with the designation
is made impossible by operation of any provision of this or any
other Act: Provided, That any such reprogramming shall be subject
to the regular notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed
pursuant to this subsection shall be made available under the
same terms and conditions as originally provided.
(b) EXTENSION OF AVAILABILITY.—In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department
of State or the United States Agency for International Development
that are specifically designated for particular programs or activities
by this or any other Act may be extended for an additional fiscal
year if the Secretary of State or the USAID Administrator, as

H. R. 1625—522
appropriate, determines and reports promptly to the Committees
on Appropriations that the termination of assistance to a country
or a significant change in circumstances makes it unlikely that
such designated funds can be obligated during the original period
of availability: Provided, That such designated funds that continue
to be available for an additional fiscal year shall be obligated
only for the purpose of such designation.
(c) OTHER ACTS.—Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds
appropriated by this Act.
NOTIFICATION REQUIREMENTS

SEC. 7015. (a) NOTIFICATION OF CHANGES IN PROGRAMS,
PROJECTS, AND ACTIVITIES.—None of the funds made available in
titles I and II of this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related programs to the departments and agencies funded by this Act that
remain available for obligation in fiscal year 2018, or provided
from any accounts in the Treasury of the United States derived
by the collection of fees or of currency reflows or other offsetting
collections, or made available by transfer, to the departments and
agencies funded by this Act, shall be available for obligation to—
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations
or such Committees are notified 15 days in advance of such obligation.
(b) NOTIFICATION OF REPROGRAMMING OF FUNDS.—None of the
funds provided under titles I and II of this Act or prior Acts
making appropriations for the Department of State, foreign operations, and related programs, to the departments and agencies
funded under titles I and II of this Act that remain available
for obligation 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 department and agency funded under title
I of this Act, shall be available for obligation or expenditure for
activities, programs, or projects through a reprogramming of funds
in excess of $1,000,000 or 10 percent, whichever is less, that—
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change

H. R. 1625—523
in existing programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
(c) NOTIFICATION REQUIREMENT.—None of the funds made
available by this Act under the headings ‘‘Global Health Programs’’,
‘‘Development Assistance’’, ‘‘International Organizations and Programs’’, ‘‘Trade and Development Agency’’, ‘‘International Narcotics
Control and Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’,
‘‘Peacekeeping Operations’’, ‘‘Nonproliferation, Anti-terrorism,
Demining and Related Programs’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign Military Financing Program’’, ‘‘International Military
Education and Training’’, and ‘‘Peace Corps’’, shall be available
for obligation for activities, programs, projects, type of materiel
assistance, countries, or other operations not justified or in excess
of the amount justified to the Committees on Appropriations for
obligation under any of these specific headings unless the Committees on Appropriations are notified 15 days in advance of such
obligation: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23
of the Arms Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any
similar provision of this or any other Act shall not apply to any
reprogramming for an activity, program, or project for which funds
are appropriated under titles III through VI of this Act of less
than 10 percent of the amount previously justified to Congress
for obligation for such activity, program, or project for the current
fiscal year: Provided further, That any notification submitted pursuant to subsection (f) of this section shall include information (if
known on the date of transmittal of such notification) on the use
of notwithstanding authority: Provided further, That if subsequent
to the notification of assistance it becomes necessary to rely on
notwithstanding authority, the Committees on Appropriations
should be informed at the earliest opportunity and to the extent
practicable.
(d) DEPARTMENT OF DEFENSE PROGRAMS AND FUNDING
NOTIFICATIONS.—
(1) PROGRAMS.—None of the funds appropriated by this
Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs may be made
available to support or continue any program initially funded
under any authority of title 10, United States Code, or any
Act making or authorizing appropriations for the Department
of Defense, unless the Secretary of State, in consultation with
the Secretary of Defense and in accordance with the regular
notification procedures of the Committees on Appropriations,
submits a justification to such Committees that includes a
description of, and the estimated costs associated with, the
support or continuation of such program.
(2) FUNDING.—Notwithstanding any other provision of law,
with the exception of funds transferred to, and merged with,

H. R. 1625—524
funds appropriated under title I of this Act, funds transferred
by the Department of Defense to the Department of State
and the United States Agency for International Development
for assistance for foreign countries and international organizations shall be subject to the regular notification procedures
of the Committees on Appropriations.
(e) WAIVER.—The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived
if failure to do so would pose a substantial risk to human health
or welfare: Provided, That in case of any such waiver, notification
to the Committees on Appropriations shall be provided as early
as practicable, but in no event later than 3 days after taking
the action to which such notification requirement was applicable,
in the context of the circumstances necessitating such waiver: Provided further, That any notification provided pursuant to such
a waiver shall contain an explanation of the emergency circumstances.
(f) COUNTRY NOTIFICATION REQUIREMENTS.—None of the funds
appropriated under titles III through VI of this Act may be obligated
or expended for assistance for Afghanistan, Bahrain, Bolivia,
Burma, Cambodia, Colombia, Cuba, Ecuador, Egypt, El Salvador,
Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya,
Mexico, Pakistan, Philippines, the Russian Federation, Somalia,
South Sudan, Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela,
Yemen, and Zimbabwe except as provided through the regular
notification procedures of the Committees on Appropriations.
(g) TRUST FUNDS.—Funds appropriated or otherwise made
available in title III of this Act and prior Acts making funds
available for the Department of State, foreign operations, and
related programs that are made available for a trust fund held
by an international financial institution as defined by section
7034(r)(3) of this Act shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided, That
such notification shall include the information specified under this
section in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
(h) OTHER PROGRAM NOTIFICATION REQUIREMENT.—
(1) DIPLOMATIC AND CONSULAR PROGRAMS.—Funds appropriated under title I of this Act under the heading ‘‘Diplomatic
and Consular Programs’’ that are made available for a pilot
program for lateral entry into the Foreign Service shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(2) OTHER PROGRAMS.—Funds appropriated by this Act that
are made available for the following programs and activities
shall be subject to the regular notification procedures of the
Committees on Appropriations—
(A) The Global Engagement Center, except that the
Secretary of State shall consult with the appropriate
congressional committees prior to submitting such notification;
(B) The Power Africa initiative, or any successor program;
(C) Community-based police assistance conducted
pursuant to the authority of section 7049 of this Act;

H. R. 1625—525
(D) Programs to counter foreign fighters and extremist
organizations, pursuant to section 7073(a) of this Act;
(E) The Relief and Recovery Fund;
(F) The Global Security Contingency Fund; and
(G) Programs to end modern slavery.
(i) WITHHOLDING OF FUNDS.—Funds appropriated by this Act
under titles III and IV that are withheld from obligation or otherwise not programmed as a result of application of a provision
of law in this or any other Act shall, if reprogrammed, be subject
to the regular notification procedures of the Committees on Appropriations.
(j) REQUIREMENT TO INFORM, COORDINATE, AND CONSULT.—
(1) The Secretary of State shall promptly inform the appropriate congressional committees of each instance in which funds
appropriated by this Act for assistance for Iraq, Libya, Somalia,
and Syria, the Counterterrorism Partnership Fund, the Relief
and Recovery Fund, and to counter extremism and foreign
fighters abroad, have been diverted or destroyed, to include
the type and amount of assistance, a description of the incident
and parties involved, and an explanation of the response of
the Department of State or USAID, as appropriate: Provided,
That the Secretary shall ensure such funds are coordinated
with, and complement, the programs of other United States
Government departments and agencies and international partners in such countries and on such activities.
(2) The Secretary of State shall consult with the Committees on Appropriations at least seven days prior to informing
a government of, or publically announcing a decision on, the
suspension of assistance to a country or a territory from funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

SEC. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees
on Appropriations to the same extent and under the same conditions
as other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees
if such defense articles are significant military equipment (as
defined in section 47(9) of the Arms Export Control Act) or are
valued (in terms of original acquisition cost) at $7,000,000 or more,
or if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive such
excess defense articles: Provided further, That such Committees
shall also be informed of the original acquisition cost of such defense
articles.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL
ORGANIZATIONS AND PROGRAMS

SEC. 7017. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under titles

H. R. 1625—526
I and III through V of this Act, which are returned or not made
available for organizations and programs because of the
implementation of section 307(a) of the Foreign Assistance Act
of 1961, shall remain available for obligation until September 30,
2019: Provided, That the requirement to withhold funds for programs in Burma under section 307(a) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated by this Act.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY
STERILIZATION

SEC. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of involuntary sterilization as
a method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the funds
made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance
of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be obligated
or expended for any country or organization if the President certifies
that the use of these funds by any such country or organization
would violate any of the above provisions related to abortions and
involuntary sterilizations.
ALLOCATIONS AND REPORTS

SEC. 7019. (a) ALLOCATION TABLES.—Subject to subsection (b),
funds appropriated by this Act under titles III through V shall
be made available in the amounts specifically designated in the
respective tables included in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act): Provided, That such designated amounts for foreign countries
and international organizations shall serve as the amounts for
such countries and international organizations transmitted to Congress in the report required by section 653(a) of the Foreign Assistance Act of 1961.
(b) AUTHORIZED DEVIATIONS.—Unless otherwise provided for
by this Act, the Secretary of State and the Administrator of the
United States Agency for International Development, as applicable,
may only deviate up to 4 percent from the amounts specifically
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That such percentage may
be exceeded only to respond to significant, exigent, or unforeseen
events, or to address other exceptional circumstances directly
related to the national interest: Provided further, That deviations
pursuant to the previous proviso shall be subject to prior consultation with, and the regular notification procedures of, the Committees
on Appropriations.
(c) LIMITATION.—For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by

H. R. 1625—527
section 653(a) of the Foreign Assistance Act of 1961, no deviations
authorized by subsection (b) may take place until submission of
such report.
(d) EXCEPTIONS.—
(1) Subsections (a) and (b) shall not apply to—
(A) amounts designated for ‘‘International Military
Education and Training’’ in the respective tables included
in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act);
and
(B) funds for which the initial period of availability
has expired.
(2) The authority in subsection (b) to deviate below amounts
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act) shall not apply to the table
included under the heading ‘‘Global Health Programs’’ in such
explanatory statement.
(e) REPORTS.—The Secretary of State and the USAID Administrator, as appropriate, shall submit the reports required, in the
manner described, in House Report 115–253, Senate Report 115–
152, and the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), unless directed
otherwise in such explanatory statement.
REPRESENTATION AND ENTERTAINMENT EXPENSES

SEC. 7020. (a) USES OF FUNDS.—Each Federal department,
agency, or entity funded in titles I or II of this Act, and the
Department of the Treasury and independent agencies funded in
titles III or VI of this Act, shall take steps to ensure that domestic
and overseas representation and entertainment expenses further
official agency business and United States foreign policy interests,
and—
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) LIMITATIONS.—None of the funds appropriated or otherwise
made available by this Act under the headings ‘‘International Military Education and Training’’ or ‘‘Foreign Military Financing Program’’ for Informational Program activities or under the headings
‘‘Global Health Programs’’, ‘‘Development Assistance’’, ‘‘Economic
Support Fund’’, and ‘‘Assistance for Europe, Eurasia and Central
Asia’’ may be obligated or expended to pay for—
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substantially of a recreational character, including entrance fees at
sporting events, theatrical and musical productions, and amusement parks.
PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING
INTERNATIONAL TERRORISM

SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EXPORTS.—

H. R. 1625—528
(1) PROHIBITION.—None of the funds appropriated or otherwise made available by titles III through VI of this Act may
be made available to any foreign government which provides
lethal military equipment to a country the government of which
the Secretary of State has determined supports international
terrorism for purposes of section 6(j) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act: Provided, That the
prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases
to provide such military equipment: Provided further, That
this section applies with respect to lethal military equipment
provided under a contract entered into after October 1, 1997.
(2) DETERMINATION.—Assistance restricted by paragraph
(1) or any other similar provision of law, may be furnished
if the President determines that to do so is important to the
national interest of the United States.
(3) REPORT.—Whenever the President makes a determination pursuant to paragraph (2), the President shall submit
to the Committees on Appropriations a report with respect
to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar
amount of such assistance, and an explanation of how the
assistance furthers United States national interest.
(b) BILATERAL ASSISTANCE.—
(1) LIMITATIONS.—Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated
under any such title in prior Acts making appropriations for
the Department of State, foreign operations, and related programs, shall not be made available to any foreign government
which the President determines—
(A) grants sanctuary from prosecution to any individual
or group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
(2) WAIVER.—The President may waive the application of
paragraph (1) to a government if the President determines
that national security or humanitarian reasons justify such
waiver: Provided, That the President shall publish each such
waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the
waiver) in accordance with the regular notification procedures
of the Committees on Appropriations.
AUTHORIZATION REQUIREMENTS

SEC. 7022. Funds appropriated by this Act, except funds appropriated under the heading ‘‘Trade and Development Agency’’, may
be obligated and expended notwithstanding section 10 of Public
Law 91–672 (22 U.S.C. 2412), section 15 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and

H. R. 1625—529
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security
Act of 1947 (50 U.S.C. 3094(a)(1)).
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 7023. For the purpose of titles II through VI of this
Act ‘‘program, project, and activity’’ shall be defined at the appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the following accounts: ‘‘Economic Support Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’,
and ‘‘Foreign Military Financing Program’’, ‘‘program, project, and
activity’’ shall also be considered to include country, regional, and
central program level funding within each such account; and for
the development assistance accounts of the United States Agency
for International Development, ‘‘program, project, and activity’’ shall
also be considered to include central, country, regional, and program
level funding, either as—
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with
a report, to be provided to the Committees on Appropriations
within 30 days after the enactment of this Act, as required
by section 653(a) of the Foreign Assistance Act of 1961 or
as modified pursuant to section 7019 of this Act.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION
AND UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

SEC. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior
Acts authorizing or making appropriations for the Department of
State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the
Peace Corps Act, the Inter-American Foundation Act or the African
Development Foundation Act: Provided, That prior to conducting
activities in a country for which assistance is prohibited, the agency
shall consult with the Committees on Appropriations and report
to such Committees within 15 days of taking such action.
COMMERCE, TRADE AND SURPLUS COMMODITIES

SEC. 7025. (a) WORLD MARKETS.—None of the funds appropriated or made available pursuant to titles III through VI of
this Act for direct assistance and none of the funds otherwise
made available to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to finance
any loan, any assistance, or any other financial commitments for
establishing or expanding production of any commodity for export
by any country other than the United States, if the commodity
is likely to be in surplus on world markets at the time the resulting
productive capacity is expected to become operative and if the
assistance will cause substantial injury to United States producers
of the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the injury
to United States producers of the same, similar, or competing

H. R. 1625—530
commodity, and the Chairman of the Board so notifies the Committees on Appropriations: Provided further, That this subsection shall
not prohibit—
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis
the agricultural commodity with respect to which assistance
is furnished; or
(2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) EXPORTS.—None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding feasibility
study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or
production in a foreign country of an agricultural commodity for
export which would compete with a similar commodity grown or
produced in the United States: Provided, That this subsection shall
not prohibit—
(1) activities designed to increase food security in developing countries where such activities will not have a significant
impact on the export of agricultural commodities of the United
States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis
the agricultural commodity with respect to which assistance
is furnished; or
(4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of
the Treasury shall instruct the United States executive directors
of the international financial institutions, as defined in section
7034(r)(3) of this Act, to use the voice and vote of the United
States to oppose any assistance by such institutions, using funds
appropriated or made available by this Act, for the production
or extraction of any commodity or mineral for export, if it is in
surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or
competing commodity.
SEPARATE ACCOUNTS

SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—
(1) AGREEMENTS.—If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall—

H. R. 1625—531
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth—
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed upon
with the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only—
(A) to carry out chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), for such purposes as—
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) PROGRAMMING ACCOUNTABILITY.—USAID shall take all
necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination of assistance to a country under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 (as the case may be), any unencumbered balances
of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country and
the United States Government.
(5) REPORT.—The USAID Administrator shall report as
part of the congressional budget justification submitted to the
Committees on Appropriations on the use of local currencies
for the administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and such
report shall include the amount of local currency (and United
States dollar equivalent) used or to be used for such purpose
in each applicable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
(1) IN GENERAL.—If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such
funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this
assistance including provisions which are referenced in the

H. R. 1625—532
Joint Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No.
98–1159).
(3) NOTIFICATION.—At least 15 days prior to obligating
any such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds may
be exempt from the requirements of paragraph (1) only through
the regular notification procedures of the Committees on Appropriations.
ELIGIBILITY FOR ASSISTANCE

SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERNMENTAL
ORGANIZATIONS.—Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of nongovernmental
organizations from funds appropriated by this Act to carry out
the provisions of chapters 1, 10, 11, and 12 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961 and from funds
appropriated under the heading ‘‘Assistance for Europe, Eurasia
and Central Asia’’: Provided, That before using the authority of
this subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted,
the assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall
be construed to alter any existing statutory prohibitions against
abortion or involuntary sterilizations contained in this or any other
Act.
(b) PUBLIC LAW 480.—During fiscal year 2018, restrictions contained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance under the
Food for Peace Act (Public Law 83–480; 7 U.S.C. 1721 et seq.):
Provided, That none of the funds appropriated to carry out title
I of such Act and made available pursuant to this subsection may
be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates internationally recognized human rights.

H. R. 1625—533
LOCAL COMPETITION

SEC. 7028. (a) REQUIREMENTS FOR EXCEPTIONS TO COMPETITION
LOCAL ENTITIES.—Funds appropriated by this Act that are
made available to the United States Agency for International
Development may only be made available for limited competitions
through local entities if—
(1) prior to the determination to limit competition to local
entities, USAID has—
(A) assessed the level of local capacity to effectively
implement, manage, and account for programs included
in such competition; and
(B) documented the written results of the assessment
and decisions made; and
(2) prior to making an award after limiting competition
to local entities—
(A) each successful local entity has been determined
to be responsible in accordance with USAID guidelines;
and
(B) effective monitoring and evaluation systems are
in place to ensure that award funding is used for its
intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) REPORT.—In addition to the requirements of subsection
(a)(1), the USAID Administrator shall report to the appropriate
congressional committees not later than 45 days after the end
of fiscal year 2018 on all awards subject to limited or no competition
for local entities: Provided, That such report shall be posted on
the USAID Web site: Provided further, That the requirements of
this subsection shall only apply to awards in excess of $3,000,000
and sole source awards to local entities in excess of $2,000,000.
(c) EXTENSION OF PROCUREMENT AUTHORITY.—Section 7077 of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112–74) shall
continue in effect during fiscal year 2018.
FOR

INTERNATIONAL FINANCIAL INSTITUTIONS

SEC. 7029. (a) EVALUATIONS AND REPORT.—The Secretary of
the Treasury shall instruct the United States executive director
of each international financial institution to seek to require that
such institution adopts and implements a publicly available policy,
including the strategic use of peer reviews and external experts,
to conduct independent, in-depth evaluations of the effectiveness
of at least 25 percent of all loans, grants, programs, and significant
analytical non-lending activities in advancing the institution’s goals
of reducing poverty and promoting equitable economic growth, consistent with relevant safeguards, to ensure that decisions to support
such loans, grants, programs, and activities are based on accurate
data and objective analysis: Provided, That not later than 45 days
after enactment of this Act, the Secretary shall submit a report
to the Committees on Appropriations on steps taken in fiscal year
2017 by the United States executive directors and the international
financial institutions consistent with this subsection compared to
the previous fiscal year.
(b) SAFEGUARDS.—
(1) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for

H. R. 1625—534
Reconstruction and Development and the International
Development Association to vote against any loan, grant, policy,
or strategy if such institution has adopted and is implementing
any social or environmental safeguard relevant to such loan,
grant, policy, or strategy that provides less protection than
World Bank safeguards in effect on September 30, 2015.
(2) The Secretary of the Treasury should instruct the
United States executive director of each international financial
institution to vote against loans or other financing for projects
unless such projects—
(A) provide for accountability and transparency,
including the collection, verification and publication of
beneficial ownership information related to extractive
industries and on-site monitoring during the life of the
project;
(B) will be developed and carried out in accordance
with best practices regarding environmental conservation;
cultural protection; and empowerment of local populations,
including free, prior and informed consent of affected
indigenous communities;
(C) do not provide incentives for, or facilitate, forced
displacement; and
(D) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
(c) COMPENSATION.—None of the funds appropriated under title
V of this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which,
together with whatever compensation such executive director
receives from the United States, is in excess of the rate provided
for an individual occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, or
while any alternate United States executive director to such institution is compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(d) HUMAN RIGHTS.—The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to seek to require that such institution conducts
rigorous human rights due diligence and risk management, as
appropriate, in connection with any loan, grant, policy, or strategy
of such institution: Provided, That prior to voting on any such
loan, grant, policy, or strategy the executive director shall consult
with the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, if the executive director has reason
to believe that such loan, grant, policy, or strategy could result
in forced displacement or other violation of human rights.
(e) FRAUD AND CORRUPTION.—The Secretary of the Treasury
shall instruct the United States executive director of each international financial institution to promote in loan, grant, and other
financing agreements improvements in borrowing countries’ financial management and judicial capacity to investigate, prosecute,
and punish fraud and corruption.
(f) BENEFICIAL OWNERSHIP INFORMATION.—The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to seek to require that such

H. R. 1625—535
institution collects, verifies, and publishes, to the maximum extent
practicable, beneficial ownership information (excluding proprietary
information) for any corporation or limited liability company, other
than a publicly listed company, that receives funds from any such
financial institution: Provided, That not later than 45 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken in fiscal year 2017
by the United States executive directors and the international financial institutions consistent with this subsection compared to the
previous fiscal year.
(g) WHISTLEBLOWER PROTECTIONS.—The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to seek to require that each
such institution is effectively implementing and enforcing policies
and procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices for—
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven retaliation.
DEBT-FOR-DEVELOPMENT

SEC. 7030. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and debtfor-nature exchanges, a nongovernmental organization which is a
grantee or contractor of the United States Agency for International
Development may place in interest bearing accounts local currencies
which accrue to that organization as a result of economic assistance
provided under title III of this Act and, subject to the regular
notification procedures of the Committees on Appropriations, any
interest earned on such investment shall be used for the purpose
for which the assistance was provided to that organization.
FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

SEC. 7031. (a) LIMITATION ON DIRECT GOVERNMENT-TO-GOVERNASSISTANCE.—
(1) REQUIREMENTS.—Funds appropriated by this Act may
be made available for direct government-to-government assistance only if—
(A)(i) each implementing agency or ministry to receive
assistance has been assessed and is considered to have
the systems required to manage such assistance and any
identified vulnerabilities or weaknesses of such agency or
ministry have been addressed;
(ii) the recipient agency or ministry employs and utilizes staff with the necessary technical, financial, and
management capabilities;
(iii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iv) effective monitoring and evaluation systems are
in place to ensure that such assistance is used for its
intended purposes;
(v) no level of acceptable fraud is assumed; and

MENT

H. R. 1625—536
(vi) the government of the recipient country is taking
steps to publicly disclose on an annual basis its national
budget, to include income and expenditures;
(B) the recipient government is in compliance with
the principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed
or controlled by an organization designated as a foreign
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189);
(D) the Government of the United States and the
government of the recipient country have agreed, in
writing, on clear and achievable objectives for the use of
such assistance, which should be made available on a costreimbursable basis; and
(E) the recipient government is taking steps to protect
the rights of civil society, including freedoms of expression,
association, and assembly.
(2) CONSULTATION AND NOTIFICATION.—In addition to the
requirements in paragraph (1), no funds may be made available
for direct government-to-government assistance without prior
consultation with, and notification of, the Committees on Appropriations: Provided, That such notification shall contain an
explanation of how the proposed activity meets the requirements of paragraph (1): Provided further, That the requirements of this paragraph shall only apply to direct governmentto-government assistance in excess of $10,000,000 and all funds
available for cash transfer, budget support, and cash payments
to individuals.
(3) SUSPENSION OF ASSISTANCE.—The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or
the Secretary has credible information of material misuse of
such assistance, unless the Administrator or the Secretary
reports to the Committees on Appropriations that it is in the
national interest of the United States to continue such assistance, including a justification, or that such misuse has been
appropriately addressed.
(4) SUBMISSION OF INFORMATION.—The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2019 congressional budget justification
materials, amounts planned for assistance described in paragraph (1) by country, proposed funding amount, source of funds,
and type of assistance.
(5) REPORT.—Not later than 90 days after the enactment
of this Act and every 6 months thereafter until September
30, 2019, the USAID Administrator shall submit to the Committees on Appropriations a report that—
(A) details all assistance described in paragraph (1)
provided during the previous 6-month period by country,
funding amount, source of funds, and type of such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.

H. R. 1625—537
(6) DEBT SERVICE PAYMENT PROHIBITION.—None of the
funds made available by this Act may be used by the government of any foreign country for debt service payments owed
by any country to any international financial institution: Provided, That for purposes of this paragraph, the term ‘‘international financial institution’’ has the meaning given the term
in section 7034(r)(3) of this Act.
(b) NATIONAL BUDGET AND CONTRACT TRANSPARENCY.—
(1) MINIMUM REQUIREMENTS OF FISCAL TRANSPARENCY.—
The Secretary of State shall continue to update and strengthen
the ‘‘minimum requirements of fiscal transparency’’ for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–
76).
(2) DEFINITION.—For purposes of paragraph (1), ‘‘minimum
requirements of fiscal transparency’’ are requirements consistent with those in subsection (a)(1), and the public disclosure
of national budget documentation (to include receipts and
expenditures by ministry) and government contracts and
licenses for natural resource extraction (to include bidding and
concession allocation practices).
(3) DETERMINATION AND REPORT.—For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall
make or update any determination of ‘‘significant progress’’
or ‘‘no significant progress’’ in meeting the minimum requirements of fiscal transparency, and make such determinations
publicly available in an annual ‘‘Fiscal Transparency Report’’
to be posted on the Department of State Web site: Provided,
That the Secretary shall identify the significant progress made
by each such government to publicly disclose national budget
documentation, contracts, and licenses which are additional
to such information disclosed in previous fiscal years, and
include specific recommendations of short- and long-term steps
such government should take to improve fiscal transparency:
Provided further, That the annual report shall include a
detailed description of how funds appropriated by this Act
are being used to improve fiscal transparency, and identify
benchmarks for measuring progress.
(4) ASSISTANCE.—Funds appropriated under title III of this
Act shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget transparency: Provided, That such sums shall be in addition to
funds otherwise available for such purposes: Provided further,
That a description of the uses of such funds shall be included
in the annual ‘‘Fiscal Transparency Report’’ required by paragraph (3).
(c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.—
(1) INELIGIBILITY.—
(A) Officials of foreign governments and their immediate family members about whom the Secretary of State
has credible information have been involved in significant
corruption, including corruption related to the extraction

H. R. 1625—538
of natural resources, or a gross violation of human rights
shall be ineligible for entry into the United States.
(B) The Secretary shall also publicly or privately designate or identify officials of foreign governments and their
immediate family members about whom the Secretary has
such credible information without regard to whether the
individual has applied for a visa.
(2) EXCEPTION.—Individuals shall not be ineligible if entry
into the United States would further important United States
law enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations Headquarters Agreement: Provided, That nothing in paragraph (1)
shall be construed to derogate from United States Government
obligations under applicable international agreements.
(3) WAIVER.—The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed sufficiently.
(4) REPORT.—Not later than 6 months after enactment
of this Act, the Secretary of State shall submit a report,
including a classified annex if necessary, to the Committees
on Appropriations and the Committees on the Judiciary
describing the information related to corruption or violation
of human rights concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1)(A)
as well as the individuals who the Secretary designated or
identified pursuant to paragraph (1)(B), or who would be ineligible but for the application of paragraph (2), a list of any
waivers provided under paragraph (3), and the justification
for each waiver.
(5) POSTING OF REPORT.—Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State Web site.
(6) CLARIFICATION.—For purposes of paragraphs (1)(B), (4),
and (5), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to
the issuance or refusal of visas or permits to enter the United
States shall not be considered confidential.
(d) NETWORKS OF CORRUPTION.—If the Secretary of State has
credible information of networks of corruption involving the participation of, or support from, a senior official in a country that receives
assistance funded by this Act under titles III or IV, the Secretary
shall update the report on such networks required by section 7031(d)
of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–
31).
(e) EXTRACTION OF NATURAL RESOURCES.—
(1) ASSISTANCE.—Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008 (Public
Law 110–246; 122 Stat. 2052) and the amendments made by
such section, and to prevent the sale of conflict diamonds,

H. R. 1625—539
and provide technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(2) UNITED STATES POLICY.—
(A) The Secretary of the Treasury shall inform the
management of the international financial institutions, and
post on the Department of the Treasury Web site, that
it is the policy of the United States to vote against any
assistance by such institutions (including any loan, credit,
grant, or guarantee) to any country for the extraction and
export of a natural resource if the government of such
country has in place laws, regulations, or procedures to
prevent or limit the public disclosure of company payments
as required by United States law, and unless such government has adopted laws, regulations, or procedures in the
sector in which assistance is being considered for—
(i) accurately accounting for and public disclosure
of payments to the host government by companies
involved in the extraction and export of natural
resources;
(ii) the independent auditing of accounts receiving
such payments and public disclosure of the findings
of such audits; and
(iii) public disclosure of such documents as Host
Government Agreements, Concession Agreements, and
bidding documents, allowing in any such dissemination
or disclosure for the redaction of, or exceptions for,
information that is commercially proprietary or that
would create competitive disadvantage.
(B) The requirements of subparagraph (A) shall not
apply to assistance for the purpose of building the capacity
of such government to meet the requirements of this
subparagraph.
(f) FOREIGN ASSISTANCE WEB SITE.—Funds appropriated by
this Act under titles I and II, and funds made available for any
independent agency in title III, as appropriate, shall be made available to support the provision of additional information on United
States Government foreign assistance on the Department of State
foreign assistance Web site: Provided, That all Federal agencies
funded under this Act shall provide such information on foreign
assistance, upon request, to the Department of State.
DEMOCRACY PROGRAMS

SEC. 7032. (a) FUNDING.—
(1) IN GENERAL.—Of the funds appropriated by this Act
under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assistance for Europe, Eurasia
and Central Asia’’, and ‘‘International Narcotics Control and
Law Enforcement’’, not less than $2,308,517,000 shall be made
available for democracy programs.
(2) PROGRAMS.—Of the funds made available for democracy
programs pursuant to paragraph (1), the Bureau of Democracy,
Human Rights, and Labor, Department of State, shall administer an amount not less than the amount administered in
fiscal year 2017 under the headings ‘‘Economic Support Fund’’
and ‘‘Assistance for Europe, Eurasia and Central Asia’’.

H. R. 1625—540
(b) AUTHORITY.—Funds made available by this Act for democracy programs may be made available notwithstanding any other
provision of law, and with regard to the National Endowment
for Democracy, any regulation.
(c) DEFINITION OF DEMOCRACY PROGRAMS.—For purposes of
funds appropriated by this Act, the term ‘‘democracy programs’’
means programs that support good governance, credible and
competitive elections, freedom of expression, association, assembly,
and religion, human rights, labor rights, independent media, and
the rule of law, and that otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the development of democratic states, and institutions that are responsive
and accountable to citizens.
(d) PROGRAM PRIORITIZATION.—Funds made available pursuant
to this section that are made available for programs to strengthen
government institutions shall be prioritized for those institutions
that demonstrate a commitment to democracy and the rule of law,
as determined by the Secretary of State or the Administrator of
the United States Agency for International Development, as appropriate.
(e) RESTRICTION ON PRIOR APPROVAL.—With respect to the
provision of assistance for democracy programs in this Act, the
organizations implementing such assistance, the specific nature
of that assistance, and the participants in such programs shall
not be subject to the prior approval by the government of any
foreign country: Provided, That the Secretary of State, in coordination with the USAID Administrator, shall report to the Committees
on Appropriations, not later than 120 days after enactment of
this Act, detailing steps taken by the Department of State and
USAID to comply with the requirements of this subsection.
(f) CONTINUATION OF CURRENT PRACTICES.—USAID shall continue to implement civil society and political competition and consensus building programs abroad with funds appropriated by this
Act in a manner that recognizes the unique benefits of grants
and cooperative agreements in implementing such programs: Provided, That nothing in this paragraph shall be construed to affect
the ability of any entity, including United States small businesses,
from competing for proposals for USAID-funded civil society and
political competition and consensus building programs.
(g) COUNTRY STRATEGY REVIEWS.—Prior to the obligation of
funds made available by this Act for Department of State and
USAID democracy programs for a nondemocratic or democratic
transitioning country for which a country strategy has been concluded after the date of enactment of this Act, as required by
section 2111(c)(1) of the ADVANCE Democracy Act of 2007 (title
XXI of Public Law 110–53; 22 U.S.C. 8211) or similar provision
of law or regulation, the Under Secretary for Civilian Security,
Democracy and Human Rights, Department of State, in consultation
with the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID, shall
review such strategy to ensure that it includes—
(1) specific goals and objectives for such program, including
a specific plan and timeline to measure impacts;

H. R. 1625—541
(2) an assessment of the risks associated with the conduct
of such program to intended beneficiaries and implementers,
including steps to support and protect such individuals; and
(3) the funding requirements to initiate and sustain such
program in fiscal year 2018 and subsequent fiscal years, as
appropriate:
Provided, That for the purposes of this subsection, the term ‘‘nondemocratic or democratic transitioning country’’ shall have the same
meaning as in section 2104(6) of the ADVANCE Democracy Act
of 2007.
(h) COMMUNICATION AND REPORTS.—
(1) INFORMING THE NATIONAL ENDOWMENT FOR DEMOCRACY.—The Assistant Secretary for Democracy, Human Rights,
and Labor, Department of State, and the Assistant Administrator for Democracy, Conflict, and Humanitarian Assistance,
USAID, shall regularly inform the National Endowment for
Democracy of democracy programs that are planned and supported by funds made available by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs.
(2) REPORTS.—
(A) FUNDING INSTRUMENTS.—Not later than September
30, 2018, the Secretary of State and USAID Administrator
shall each submit to the Committees on Appropriations
a report detailing the use of contracts, grants, and cooperative agreements in the conduct of democracy programs
with funds made available by the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2017 (division J of Public Law 115–31), which shall
include funding level, account, program sector and subsector, and a brief summary of purpose.
(B) PROGRAM CHANGES.—The Secretary of State or the
USAID Administrator, as appropriate, shall report to the
appropriate congressional committees within 30 days of
a decision to significantly change the objectives or the
content of a democracy program or to close such a program
due to the increasingly repressive nature of the host
country government: Provided, That the report shall also
include a strategy for continuing support for democracy
promotion, if such programming is feasible, and may be
submitted in classified form, if necessary.
(i) PROTECTION OF CIVIL SOCIETY ACTIVISTS AND JOURNALISTS.—
(1) PLAN.—Not later than 120 days after enactment of
this Act, the Secretary of State shall submit to the appropriate
congressional committees a diplomatic and programmatic action
plan to support and protect civil society activists and journalists
who have been threatened, harassed, or attacked for peacefully
exercising their rights of free expression, association, or
assembly: Provided, That the Assistant Secretary for Democracy, Human Rights, and Labor (DRL), Department of State,
shall develop such action plan in coordination with the relevant
bureaus and offices of the Department of State and USAID.
(2) FUNDS.—Of the funds appropriated by this Act under
the headings ‘‘Economic Support Fund’’ and ‘‘Democracy Fund’’,
not less than $10,000,000 shall be made available for programs

H. R. 1625—542
and activities to implement the action plan described in paragraph (1): Provided, That such funds may only be made available following consultation with the Committees on Appropriations: Provided further, That such funds shall be allocated
to, and administered by, DRL and relevant bureaus and offices
of the Department of State and USAID, and are in addition
to amounts otherwise made available for such purposes.
INTERNATIONAL RELIGIOUS FREEDOM

SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREEDOM OFFICE AND
SPECIAL ENVOY TO PROMOTE RELIGIOUS FREEDOM.—
(1) OPERATIONS.—Funds appropriated by this Act under
the heading ‘‘Diplomatic and Consular Programs’’ shall be made
available for the Office of International Religious Freedom,
Bureau of Democracy, Human Rights, and Labor, Department
of State, the Office of the Ambassador-at-Large for International Religious Freedom, and the Special Envoy to Promote
Religious Freedom of Religious Minorities in the Near East
and South Central Asia, as authorized in the Near East and
South Central Asia Religious Freedom Act of 2014 (Public
Law 113–161), including for support staff at not less than
the amounts specified for such offices in the table under such
heading in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(2) CURRICULUM.—Funds appropriated under the heading
‘‘Diplomatic and Consular Programs’’ and designated for the
Office of International Religious Freedom shall be made available for the development and implementation of an international religious freedom curriculum in accordance with section 708(a)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4028(a)(2)).
(b) ASSISTANCE.—
(1) INTERNATIONAL RELIGIOUS FREEDOM PROGRAMS.—Of the
funds appropriated by this Act under the heading ‘‘Democracy
Fund’’ and available for the Human Rights and Democracy
Fund, not less than $10,000,000 shall be made available for
international religious freedom programs: Provided, That the
Ambassador-at-Large for International Religious Freedom shall
consult with the Committees on Appropriations on the uses
of such funds.
(2) PROTECTION AND INVESTIGATION PROGRAMS.—Of the
funds appropriated by this Act under the heading ‘‘Economic
Support Fund’’, not less than $10,000,000 shall be made available for programs to protect vulnerable and persecuted religious
minorities: Provided, That a portion of such funds shall be
made available for programs to investigate the persecution
of such minorities by governments and non-state actors and
for the public dissemination of information collected on such
persecution, including on the Department of State Web site.
(3) HUMANITARIAN PROGRAMS.—Funds appropriated by this
Act under the headings ‘‘International Disaster Assistance’’ and
‘‘Migration and Refugee Assistance’’ shall be made available
for humanitarian assistance for vulnerable and persecuted religious minorities, including victims of genocide designated by
the Secretary of State and other groups that have suffered
crimes against humanity and ethnic cleansing, to—

H. R. 1625—543
(A) facilitate the implementation of an immediate,
coordinated, and sustained response to provide humanitarian assistance;
(B) enhance protection of conflict victims, including
those facing a dire humanitarian crisis and severe persecution because of their faith or ethnicity; and
(C) improve access to secure locations for obtaining
humanitarian and resettlement services.
(4) TRANSITIONAL JUSTICE, RECONCILIATION, AND REINTEGRATION PROGRAMS.—Of the funds appropriated by this
Act that are made available for the Relief and Recovery Fund,
not less than $5,000,000 shall be made available to support
transitional justice, reconciliation, and reintegration programs
for vulnerable and persecuted religious minorities, including
in the Middle East and North Africa regions: Provided, That
such funds shall be matched, to the maximum extent practicable, from sources other than the United States Government.
(5) RESPONSIBILITY FOR FUNDS.—Funds made available by
paragraphs (1) and (2) shall be the responsibility of the Ambassador-at-Large for International Religious Freedom, in consultation with other relevant United States Government officials.
(c) INTERNATIONAL BROADCASTING.—Funds appropriated by this
Act under the heading ‘‘Broadcasting Board of Governors, International Broadcasting Operations’’ shall be made available for programs related to international religious freedom, including reporting
on the condition of vulnerable and persecuted religious groups.
(d) ATROCITIES PREVENTION.—Of the funds appropriated by
this Act under the headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’, not less than
$5,000,000 shall be made available for programs to prevent atrocities, including to implement recommendations of the Atrocities
Prevention Board: Provided, That the Under Secretary for Civilian
Security, Democracy, and Human Rights, Department of State,
shall be responsible for providing the strategic policy direction
for, and policy oversight of, funds made available pursuant to this
subsection to the Bureaus of International Narcotics and Law
Enforcement Affairs and Democracy, Human Rights, and Labor,
Department of State: Provided further, That such funds shall be
subject to the regular notification procedures of the Committees
on Appropriations.
(e) FUNDING CLARIFICATION.—Funds made available pursuant
to subsections (b) and (d) are in addition to amounts otherwise
made available for such purposes.
SPECIAL PROVISIONS

SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHILDREN, AND
DISPLACED BURMESE.—Funds appropriated in titles III and VI of
this Act that are made available for victims of war, displaced
children, displaced Burmese, and to combat trafficking in persons
and assist victims of such trafficking, may be made available notwithstanding any other provision of law.
(b) LAW ENFORCEMENT AND SECURITY.—
(1) CHILD SOLDIERS.—Funds appropriated by this Act
should not be used to support any military training or operations that include child soldiers.

H. R. 1625—544
(2) CROWD CONTROL ITEMS.—Funds appropriated by this
Act should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress peaceful expression, association, or assembly in countries undergoing
democratic transition.
(3) DISARMAMENT, DEMOBILIZATION, AND REINTEGRATION.—
Section 7034(d) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J
of Public Law 113–235) shall continue in effect during fiscal
year 2018.
(4) FORENSIC ASSISTANCE.—
(A) Of the funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’, not less than $8,000,000
shall be made available for forensic anthropology assistance
related to the exhumation and identification of victims
of war crimes, crimes against humanity, and genocide,
which shall be administered by the Assistant Secretary
for Democracy, Human Rights, and Labor, Department of
State: Provided, That such funds shall be in addition to
funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related programs for assistance for countries.
(B) Of the funds appropriated by this Act under the
heading ‘‘International Narcotics Control and Law Enforcement’’, not less than $6,000,000 shall be made available
for DNA forensic technology programs to combat human
trafficking in Central America and Mexico.
(5) INTERNATIONAL PRISON CONDITIONS.—Section 7065 of
the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–
235) shall continue in effect during fiscal year 2018.
(6) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing assistance with funds appropriated by this Act under
section 660(b)(6) of the Foreign Assistance Act of 1961, support
for a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-national
entity emerging from instability, as well as a nation emerging
from instability.
(7) SECURITY ASSISTANCE REPORT.—Not later than 120 days
after enactment of this Act, the Secretary of State shall submit
to the Committees on Appropriations a report on funds obligated and expended during fiscal year 2017, by country and
purpose of assistance, under the headings ‘‘Peacekeeping Operations’’, ‘‘International Military Education and Training’’, and
‘‘Foreign Military Financing Program’’.
(8) FOREIGN MILITARY SALES AND FOREIGN MILITARY
FINANCING PROGRAM.—
(A) AVAILABILITY.—Funds appropriated by this Act
under the heading ‘‘Foreign Military Financing Program’’
for the general costs of administering military assistance
and sales shall be made available to increase the efficiency
and effectiveness of programs authorized by Chapter 2
of the Arms Export Control Act: Provided, That prior to
the obligation of funds for such purposes, the Secretary
of State shall consult with the Committees on Appropriations.

H. R. 1625—545
(B) QUARTERLY STATUS REPORT.—Following the
submission of the quarterly report required by section 36
of Public Law 90–629 (22 U.S.C. 2776), the Secretary of
State, in coordination with the Secretary of Defense, shall
submit to the Committees on Appropriations a status report
that contains the information described under the heading
‘‘Foreign Military Financing Program’’ in House Report
115–253.
(9) VETTING REPORT.—
(A) IN GENERAL.—Not later than 90 days after enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees on foreign assistance cases submitted for vetting for purposes
of section 620M of the Foreign Assistance Act of 1961
during the preceding fiscal year, including—
(i) the total number of cases submitted, approved,
suspended, or rejected for human rights reasons; and
(ii) for cases rejected, a description of the steps
taken to assist the foreign government in taking effective measures to bring the responsible members of
the security forces to justice, in accordance with section
620M(c) of the Foreign Assistance Act of 1961.
(B) FORM.—The report required by this paragraph shall
be submitted in unclassified form, but may be accompanied
by a classified annex.
(10) ANNUAL FOREIGN MILITARY TRAINING REPORT.—For the
purposes of implementing section 656 of the Foreign Assistance
Act of 1961, the term ‘‘military training provided to foreign
military personnel by the Department of Defense and the
Department of State’’ shall be deemed to include all military
training provided by foreign governments with funds appropriated to the Department of Defense or the Department of
State, except for training provided by the government of a
country designated by section 517(b) of such Act as a major
non-NATO ally.
(11) ASSISTANCE TO ELIMINATE TORTURE.—Funds appropriated under titles III and IV of this Act shall be made
available, notwithstanding section 660 of the Foreign Assistance
Act of 1961 and following consultation with the Committees
on Appropriations, for assistance to eliminate torture by foreign
police, military or other security forces in countries receiving
assistance from funds appropriated by this Act.
(12) COMBAT CASUALTY CARE.—
(A) Consistent with the objectives of the Foreign Assistance Act of 1961 and the Arms Export Control Act, funds
appropriated by this Act under the headings ‘‘Peacekeeping
Operations’’ and ‘‘Foreign Military Financing Program’’
shall be made available for combat casualty training and
equipment.
(B) The Secretary of State shall offer combat casualty
care training and equipment as a component of any package
of lethal assistance funded by this Act with funds appropriated under the headings ‘‘Peacekeeping Operations’’ and
‘‘Foreign Military Financing Program’’: Provided, That the
requirement of this paragraph shall apply to a country
in conflict, unless the Secretary determines that such
country has in place, to the maximum extent practicable,

H. R. 1625—546
functioning combat casualty care treatment and equipment
that meets or exceeds the standards recommended by the
Committee on Tactical Combat Casualty Care: Provided
further, That any such training and equipment for combat
casualty care shall be made available through an open
and transparent process.
(c) WORLD FOOD PROGRAMME.—
(1) CONTRIBUTION.—Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development, from this or any
other Act, may be made available as a general contribution
to the World Food Programme, notwithstanding any other
provision of law.
(2) PROGRAM TO LEVERAGE ADDITIONAL CONTRIBUTIONS.—
Funds appropriated by this Act shall be made available to
leverage additional contributions for the World Food Programme from sources other than the United States Government: Provided, That the Secretary of State shall consult with
the Committees on Appropriations on implementation of this
paragraph.
(d) DIRECTIVES AND AUTHORITIES.—
(1) RESEARCH AND TRAINING.—Funds appropriated by this
Act under the heading ‘‘Assistance for Europe, Eurasia and
Central Asia’’ shall be made available to carry out the Program
for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by
the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501 et seq.).
(2) GENOCIDE VICTIMS MEMORIAL SITES.—Funds appropriated by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs under the headings ‘‘Economic Support Fund’’ and
‘‘Assistance for Europe, Eurasia and Central Asia’’ may be
made available as contributions to establish and maintain
memorial sites of genocide, subject to the regular notification
procedures of the Committees on Appropriations.
(3) ADDITIONAL AUTHORITIES.—Of the amounts made available by title I of this Act under the heading ‘‘Diplomatic and
Consular Programs’’, up to $500,000 may be made available
for grants pursuant to section 504 of the Foreign Relations
Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d),
including to facilitate collaboration with indigenous communities, and up to $1,000,000 may be made available for grants
to carry out the activities of the Cultural Antiquities Task
Force.
(4) INNOVATION.—The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards: Provided, That each individual award may
not exceed $100,000: Provided further, That no more than 10
such awards may be made during fiscal year 2018: Provided
further, That for purposes of this paragraph the term ‘‘innovation incentive award’’ means the provision of funding on a
competitive basis that—
(A) encourages and rewards the development of solutions for a particular, well-defined problem related to the
alleviation of poverty; or

H. R. 1625—547
(B) helps identify and promote a broad range of ideas
and practices facilitating further development of an idea
or practice by third parties.
(5) EXCHANGE VISITOR PROGRAM.—None of the funds made
available by this Act may be used to modify the Exchange
Visitor Program administered by the Department of State to
implement the Mutual Educational and Cultural Exchange Act
of 1961, as amended, (Public Law 87–256; 22 U.S.C. 2451
et seq.), except through the formal rulemaking process pursuant
to the Administrative Procedures Act and notwithstanding the
exceptions to such rulemaking process in such Act: Provided,
That funds made available for such purpose shall only be
made available after consultation with, and subject to the regular notification procedures of, the Committees on Appropriations, regarding how any proposed modification would affect
the public diplomacy goals of, and the estimated economic
impact on, the United States.
(6) REPORT.—The report required by section 502(d) of the
Intelligence Authorization Act for Fiscal Year 2017 (division
N of Public Law 115–31; 22 U.S.C. 254a note) shall be provided
to the Committees on Appropriations.
(e) PARTNER VETTING.—The Secretary of State and USAID
Administrator may initiate a partner vetting program to mitigate
the risk of diversion of foreign assistance, or make significant
modifications to any existing partner vetting program, only following consultation with the Committees on Appropriations: Provided, That the Secretary and Administrator should provide a direct
vetting option for prime awardees in any partner vetting program
initiated after the date of the enactment of this Act.
(f) CONTINGENCIES.—During fiscal year 2018, the President
may use up to $125,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any other
provision of law.
(g) INTERNATIONAL CHILD ABDUCTIONS.—The Secretary of State
should withhold funds appropriated under title III of this Act for
assistance for the central government of any country that is not
taking appropriate steps to comply with the Convention on the
Civil Aspects of International Child Abductions, done at the Hague
on October 25, 1980: Provided, That the Secretary shall report
to the Committees on Appropriations within 15 days of withholding
funds under this subsection.
(h) CULTURAL PRESERVATION PROJECT DETERMINATION.—None
of the funds appropriated in titles I and III of this Act may be
used for the preservation of religious sites unless the Secretary
of State or the USAID Administrator, as appropriate, determines
and reports to the Committees on Appropriations that such sites
are historically, artistically, or culturally significant, that the purpose of the project is neither to advance nor to inhibit the free
exercise of religion, and that the project is in the national interest
of the United States.
(i) TRANSFER OF FUNDS FOR EXTRAORDINARY PROTECTION.—
The Secretary of State may transfer to, and merge with, funds
under the heading ‘‘Protection of Foreign Missions and Officials’’
unobligated balances of expired funds appropriated under the
heading ‘‘Diplomatic and Consular Programs’’ for fiscal year 2018,
except for funds designated for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of

H. R. 1625—548
the Balanced Budget and Emergency Deficit Control Act of 1985,
at no later than the end of the fifth fiscal year after the last
fiscal year for which such funds are available for the purposes
for which appropriated: Provided, That not more than $50,000,000
may be transferred.
(j) AUTHORITY TO COUNTER EXTREMISM.—Funds made available
by this Act under the heading ‘‘Economic Support Fund’’ to counter
extremism may be made available notwithstanding any other provision of law restricting assistance to foreign countries, except sections
502B and 620A of the Foreign Assistance Act of 1961: Provided,
That the use of the authority of this subsection shall be subject
to prior consultation with the appropriate congressional committees,
and the regular notification procedures of the Committees on Appropriations.
(k) PROTECTIONS AND REMEDIES FOR EMPLOYEES OF DIPLOMATIC
MISSIONS AND INTERNATIONAL ORGANIZATIONS.—Section 7034(k) of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113–235) shall
continue in effect during fiscal year 2018.
(l) EXTENSION OF AUTHORITIES.—
(1) PASSPORT FEES.—Section 1(b)(2) of the Passport Act
of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting ‘‘September 30, 2018’’ for ‘‘September 30, 2010’’.
(2) INCENTIVES FOR CRITICAL POSTS.—The authority contained in section 1115(d) of the Supplemental Appropriations
Act, 2009 (Public Law 111–32) shall remain in effect through
September 30, 2018.
(3) USAID CIVIL SERVICE ANNUITANT WAIVER.—Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)) shall be applied by substituting ‘‘September 30,
2018’’ for ‘‘October 1, 2010’’ in subparagraph (B).
(4) OVERSEAS PAY COMPARABILITY AND LIMITATION.—
(A) Subject to the limitation described in subparagraph
(B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 (Public Law 111–32) shall
remain in effect through September 30, 2018.
(B) The authority described in subparagraph (A) may
not be used to pay an eligible member of the Foreign
Service (as defined in section 1113(b) of the Supplemental
Appropriations Act, 2009 (Public Law 111–32)) a localitybased comparability payment (stated as a percentage) that
exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would
be payable to such member under section 5304 of title
5, United States Code, if such member’s official duty station
were in the District of Columbia.
(5) CATEGORICAL ELIGIBILITY.—The Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101–167) is amended—
(A) in section 599D (8 U.S.C. 1157 note)—
(i) in subsection (b)(3), by striking ‘‘and 2017’’ and
inserting ‘‘2017, and 2018’’; and
(ii) in subsection (e), by striking ‘‘2017’’ each place
it appears and inserting ‘‘2018’’; and
(B) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ‘‘2017’’ and inserting ‘‘2018’’.

H. R. 1625—549
(6) INSPECTOR GENERAL ANNUITANT WAIVER.—The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 (Public Law 111–212) shall remain in effect
through September 30, 2018.
(7) EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.—
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108–287; 118 Stat.
1011) is amended by striking ‘‘2018’’ and inserting ‘‘2019’’.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking
‘‘and 2018’’ and inserting ‘‘2018, and 2019’’.
(8) ACCOUNTABILITY REVIEW BOARDS.—The authority provided by section 301(a)(3) of the Omnibus Diplomatic Security
and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall be
in effect for facilities in Afghanistan through September 30,
2018, except that the notification and reporting requirements
contained in such section shall include the Committees on
Appropriations.
(m) MONITORING AND EVALUATION.—Funds appropriated by this
Act that are available for monitoring and evaluation of assistance
under the headings ‘‘Development Assistance’’, ‘‘International Disaster Assistance’’ and ‘‘Migration and Refugee Assistance’’ shall,
as appropriate, be made available for the regular collection of feedback obtained directly from beneficiaries on the quality and relevance of such assistance: Provided, That the Department of State
and USAID shall, as appropriate, require implementing partners
that receive funds under such headings to establish procedures
for regularly collecting and responding to such feedback, inform
the Department of State and USAID of such procedures, and report
to the Department of State and USAID on actions taken in response
to the feedback received: Provided further, That the Department
of State and USAID shall conduct regular oversight to ensure
that such feedback is collected and used by implementing partners
to maximize the cost-effectiveness and utility of such assistance.
(n) HIV/AIDS WORKING CAPITAL FUND.—Funds available in
the HIV/AIDS Working Capital Fund established pursuant to section 525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108–447)
may be made available for pharmaceuticals and other products
for child survival, malaria, and tuberculosis to the same extent
as HIV/AIDS pharmaceuticals and other products, subject to the
terms and conditions in such section: Provided, That the authority
in section 525(b)(5) of the Foreign Operations, Export Financing,
and Related Programs Appropriation Act, 2005 (Public Law 108–
447) shall be exercised by the Assistant Administrator for Global
Health, USAID, with respect to funds deposited for such non-HIV/
AIDS pharmaceuticals and other products, and shall be subject
to the regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall include
in the congressional budget justification an accounting of budgetary
resources, disbursements, balances, and reimbursements related
to such fund.
(o) LOANS AND ENTERPRISE FUNDS.—
(1) LOAN GUARANTEES.—Funds appropriated under the
headings ‘‘Economic Support Fund’’ and ‘‘Assistance for Europe,
Eurasia and Central Asia’’ by this Act and prior Acts making
appropriations for the Department of State, foreign operations,

H. R. 1625—550
and related programs may be made available for the costs,
as defined in section 502 of the Congressional Budget Act
of 1974, of loan guarantees for Egypt, Jordan, Iraq, Tunisia,
and Ukraine, which are authorized to be provided: Provided,
That amounts made available under this paragraph for the
costs of such guarantees shall not be considered assistance
for the purposes of provisions of law limiting assistance to
a country.
(2) ENTERPRISE FUNDS.—Funds appropriated under the
heading ‘‘Economic Support Fund’’ in this Act may be made
available to establish and operate one or more enterprise funds
for Egypt, Jordan, and Tunisia: Provided, That the first, third
and fifth provisos under section 7041(b) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–74) shall apply
to funds appropriated by this Act under the heading ‘‘Economic
Support Fund’’ for an enterprise fund or funds to the same
extent and in the same manner as such provision of law applied
to funds made available under such section (except that the
clause excluding subsection (d)(3) of section 201 of the SEED
Act shall not apply): Provided further, That in addition to
the previous proviso, the authorities in the matter preceding
the first proviso of such section may apply to any such enterprise fund or funds: Provided further, That the authority of
any such enterprise fund or funds to provide assistance shall
cease to be effective on December 31, 2028.
(3) DESIGNATION REQUIREMENT.—Funds made available
pursuant to paragraph (1) from prior Acts making appropriations for the Department of State, foreign operations, and
related programs that were previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of such Act.
(4) CONSULTATION AND NOTIFICATION.—Funds made available pursuant to the authorities of this subsection shall be
subject to prior consultation with the appropriate congressional
committees, and subject to the regular notification procedures
of the Committees on Appropriations.
(p) LOCAL WORKS.—
(1) The ‘‘Small Grants Program’’ established pursuant to
section 7080 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J
of Public Law 113–235) shall hereafter be referred to as ‘‘Local
Works’’.
(2) Of the funds appropriated by this Act under the
headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’,
and ‘‘Assistance for Europe, Eurasia and Central Asia’’, not
less than $47,000,000 shall be made available for Local Works
pursuant to section 7080 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113–235), which may remain available
until September 30, 2022.

H. R. 1625—551
(3) For the purposes of section 7080 of the Department
of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235), ‘‘eligible
entities’’ shall be defined as small local, international, and
United States-based nongovernmental organizations, educational institutions, and other small entities that have received
less than a total of $5,000,000 from USAID over the previous
5 fiscal years: Provided, That departments or centers of such
educational institutions may be considered individually in
determining such eligibility.
(q) DEPARTMENT OF STATE INSPECTOR GENERAL WAIVER
AUTHORITY.—The Inspector General of the Department of State
may waive the provisions of subsections (a) through (d) of section
824 of the Foreign Service Act of 1980 (22 U.S.C. 4064) on a
case-by-case basis for an annuitant reemployed by the Inspector
General on a temporary basis, subject to the same constraints
and in the same manner by which the Secretary of State may
exercise such waiver authority pursuant to subsection (g) of such
section.
(r) DEFINITIONS.—
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—Unless
otherwise defined in this Act, for purposes of this Act the
term ‘‘appropriate congressional committees’’ means the
Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives.
(2) FUNDS APPROPRIATED BY THIS ACT AND PRIOR ACTS.—
Unless otherwise defined in this Act, for purposes of this Act
the term ‘‘funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs’’ means funds that remain available for
obligation, and have not expired.
(3) INTERNATIONAL FINANCIAL INSTITUTIONS.—In this Act
‘‘international financial institutions’’ means the International
Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the Inter-American Development Bank, the International
Monetary Fund, the Asian Development Bank, the Asian
Development Fund, the Inter-American Investment Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African Development Bank, the African Development Fund, and the Multilateral Investment Guarantee Agency.
(4) SOUTHERN KORDOFAN REFERENCE.—Any reference to
Southern Kordofan in this or any other Act making appropriations for the Department of State, foreign operations, and
related programs shall be deemed to include portions of Western
Kordofan that were previously part of Southern Kordofan prior
to the 2013 division of Southern Kordofan.
(5) USAID.—In this Act, the term ‘‘USAID’’ means the
United States Agency for International Development.
(6) SPEND PLAN.—In this Act, the term ‘‘spend plan’’ means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of—
(A) realistic and sustainable goals, criteria for measuring progress, and a timeline for achieving such goals;

H. R. 1625—552
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing
or planned programs; and
(D) implementing partners, to the maximum extent
practicable.
(7) CLARIFICATION.—In this Act, the terms ‘‘Assistant Secretary’’ and ‘‘Under Secretary’’ shall include individuals
appointed by the President and confirmed by the Senate to
serve in such designated positions, as well as individuals
serving in acting capacities or performing functions pursuant
to alter ego delegations with such designated ‘‘Assistant Secretary’’ and ‘‘Under Secretary’’ positions.
ARAB LEAGUE BOYCOTT OF ISRAEL

SEC. 7035. It is the sense of the Congress that—
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and
find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott
of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses
from complying with the boycott and penalizing businesses
that do comply.
PALESTINIAN STATEHOOD

SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None of the funds
appropriated under titles III through VI of this Act may be provided
to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees
that—
(1) the governing entity of a new Palestinian state—
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism
and terrorist financing in the West Bank and Gaza,
including the dismantling of terrorist infrastructures, and
is cooperating with appropriate Israeli and other appropriate security organizations; and
(2) the Palestinian Authority (or the governing entity of
a new Palestinian state) is working with other countries in

H. R. 1625—553
the region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include—
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the establishment of demilitarized zones;
(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights
for its citizens, and should enact other laws and regulations
assuring transparent and accountable governance.
(c) WAIVER.—The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) EXEMPTION.—The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing entity, in
order to help meet the requirements of subsection (a), consistent
with the provisions of section 7040 of this Act (‘‘Limitation on
Assistance for the Palestinian Authority’’).
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

SEC. 7037. None of the funds appropriated under titles II
through VI of this Act may be obligated or expended to create
in any part of Jerusalem a new office of any department or agency
of the United States Government for the purpose of conducting
official United States Government business with the Palestinian
Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided, That this restriction shall not apply to the acquisition of additional space for the existing Consulate General in Jerusalem: Provided further, That meetings between officers and
employees of the United States and officials of the Palestinian
Authority, or any successor Palestinian governing entity provided
for in the Israel-PLO Declaration of Principles, for the purpose
of conducting official United States Government business with such
authority should continue to take place in locations other than
Jerusalem: Provided further, That as has been true in the past,
officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental discussions.

H. R. 1625—554
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING
CORPORATION

SEC. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to
the Palestinian Broadcasting Corporation.
ASSISTANCE FOR THE WEST BANK AND GAZA

SEC. 7039. (a) OVERSIGHT.—For fiscal year 2018, 30 days prior
to the initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to
assure the Comptroller General of the United States will have
access to appropriate United States financial information in order
to review the uses of United States assistance for the Program
funded under the heading ‘‘Economic Support Fund’’ for the West
Bank and Gaza.
(b) VETTING.—Prior to the obligation of funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and Gaza, the Secretary of State shall
take all appropriate steps to ensure that such assistance is not
provided to or through any individual, private or government entity,
or educational institution that the Secretary knows or has reason
to believe advocates, plans, sponsors, engages in, or has engaged
in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the
entity’s governing board or governing board of trustees any individual that has been determined to be involved in, or advocating
terrorist activity or determined to be a member of a designated
foreign terrorist organization: Provided, That the Secretary of State
shall, as appropriate, establish procedures specifying the steps to
be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which
the Secretary has determined to be involved in or advocating terrorist activity.
(c) PROHIBITION.—
(1) RECOGNITION OF ACTS OF TERRORISM.—None of the
funds appropriated under titles III through VI of this Act
for assistance under the West Bank and Gaza Program may
be made available for—
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism; and
(B) any educational institution located in the West
Bank or Gaza that is named after an individual who the
Secretary of State determines has committed an act of
terrorism.
(2) SECURITY ASSISTANCE AND REPORTING REQUIREMENT.—
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on Appropriations on the benchmarks that have been established for
security assistance for the West Bank and Gaza and reports
on the extent of Palestinian compliance with such benchmarks.

H. R. 1625—555
(d) OVERSIGHT BY THE UNITED STATES AGENCY FOR INTERDEVELOPMENT.—
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or nonFederal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and
Gaza Program, are conducted at least on an annual basis
to ensure, among other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,000,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits, investigations, and other activities in furtherance of the requirements of this subsection: Provided, That such funds are in
addition to funds otherwise available for such purposes.
(e) COMPTROLLER GENERAL OF THE UNITED STATES AUDIT.—
Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and
an investigation of the treatment, handling, and uses of all funds
for the bilateral West Bank and Gaza Program, including all funds
provided as cash transfer assistance, in fiscal year 2018 under
the heading ‘‘Economic Support Fund’’, and such audit shall
address—
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations
and expenditures.
(f) NOTIFICATION PROCEDURES.—Funds made available in this
Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations.
(g) REPORT.—Not later than 180 days after enactment of this
Act, the Secretary of State shall submit a report to the Committees
on Appropriations updating the report contained in section 2106
of chapter 2 of title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami
Relief, 2005 (Public Law 109–13).
NATIONAL

LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY

SEC. 7040. (a) PROHIBITION OF FUNDS.—None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be obligated
or expended with respect to providing funds to the Palestinian
Authority.
(b) WAIVER.—The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker of
the House of Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that waiving such
prohibition is important to the national security interest of the
United States.
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to subsection (b) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to
the Committees on Appropriations detailing the justification for

H. R. 1625—556
the waiver, the purposes for which the funds will be spent, and
the accounting procedures in place to ensure that the funds are
properly disbursed: Provided, That the report shall also detail the
steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure.
(e) CERTIFICATION.—If the President exercises the waiver
authority under subsection (b), the Secretary of State must certify
and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a
single treasury account for all Palestinian Authority financing and
all financing mechanisms flow through this account, no parallel
financing mechanisms exist outside of the Palestinian Authority
treasury account, and there is a single comprehensive civil service
roster and payroll, and the Palestinian Authority is acting to
counter incitement of violence against Israelis and is supporting
activities aimed at promoting peace, coexistence, and security
cooperation with Israel.
(f) PROHIBITION TO HAMAS AND THE PALESTINE LIBERATION
ORGANIZATION.—
(1) None of the funds appropriated in titles III through
VI of this Act may be obligated for salaries of personnel of
the Palestinian Authority located in Gaza or may be obligated
or expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with
Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1), assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying
with the principles contained in section 620K(b)(1) (A) and
(B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by
the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–
446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2)
is exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are
continuing to comply with the principles contained in section
620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961,
as amended: Provided, That the report shall also detail the
amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
MIDDLE EAST AND NORTH AFRICA

SEC. 7041. (a) EGYPT.—
(1) CERTIFICATION AND REPORT.—Funds appropriated by
this Act that are available for assistance for Egypt may be

H. R. 1625—557
made available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection and
section 620M of the Foreign Assistance Act of 1961, and may
only be made available for assistance for the Government of
Egypt if the Secretary of State certifies and reports to the
Committees on Appropriations that such government is—
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) ECONOMIC SUPPORT FUND.—
(A) FUNDING.—Of the funds appropriated by this Act
under the heading ‘‘Economic Support Fund’’, up to
$112,500,000 may be made available for assistance for
Egypt, of which not less than $35,000,000 should be made
available for higher education programs including not less
than $10,000,000 for scholarships for Egyptian students
with high financial need to attend not-for-profit institutions
of higher education: Provided, That such funds shall be
made available for democracy programs, and for development programs in the Sinai: Provided further, That such
funds may not be made available for cash transfer assistance or budget support unless the Secretary of State certifies and reports to the appropriate congressional committees that the Government of Egypt is taking consistent
and effective steps to stabilize the economy and implement
market-based economic reforms.
(B) WITHHOLDING.—The Secretary of State shall withhold from obligation funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’ for assistance for
Egypt, an amount of such funds that the Secretary determines to be equivalent to that expended by the United
States Government for bail, and by nongovernmental
organizations for legal and court fees, associated with
democracy-related trials in Egypt until the Secretary certifies and reports to the Committees on Appropriations
that the Government of Egypt has dismissed the convictions
issued by the Cairo Criminal Court on June 4, 2013, in
‘‘Public Prosecution Case No. 1110 for the Year 2012’’.
(C) LIMITATION.—None of the funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the heading ‘‘Economic Support Fund’’ may
be made available for a contribution, voluntary or otherwise, to the ‘‘Civil Associations and Foundations Support
Fund’’, or any similar fund, established pursuant to Law
70 on Associations and Other Foundations Working in the
Field of Civil Work published in the Official Gazette of
Egypt on May 29, 2017.
(3) FOREIGN MILITARY FINANCING PROGRAM.—
(A) CERTIFICATION.—Of the funds appropriated by this
Act under the heading ‘‘Foreign Military Financing Program’’, up to $1,300,000,000, to remain available until September 30, 2019, may be made available for assistance
for Egypt: Provided, That such funds may be transferred
to an interest bearing account in the Federal Reserve Bank
of New York, following consultation with the Committees

H. R. 1625—558
on Appropriations: Provided further, That $300,000,000 of
such funds shall be withheld from obligation until the
Secretary of State certifies and reports to the Committees
on Appropriations that the Government of Egypt is taking
sustained and effective steps to—
(i) advance democracy and human rights in Egypt,
including to govern democratically and protect religious
minorities and the rights of women, which are in addition to steps taken during the previous calendar year
for such purposes;
(ii) implement reforms that protect freedoms of
expression, association, and peaceful assembly,
including the ability of civil society organizations,
human rights defenders, and the media to function
without interference;
(iii) release political prisoners and provide
detainees with due process of law;
(iv) hold Egyptian security forces accountable,
including officers credibly alleged to have violated
human rights;
(v) investigate and prosecute cases of extrajudicial
killings and forced disappearances; and
(vi) provide regular access for United States officials to monitor such assistance in areas where the
assistance is used:
Provided further, That the certification requirement of this
paragraph shall not apply to funds appropriated by this
Act under such heading for counterterrorism, border security, and nonproliferation programs for Egypt.
(B) WAIVER.—The Secretary of State may waive the
certification requirement in subparagraph (A) if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national security
interest of the United States, and submits a report to
such Committees containing a detailed justification for the
use of such waiver and the reasons why any of the requirements of subparagraph (A) cannot be met, and including
an assessment of the compliance of the Government of
Egypt with United Nations Security Council Resolution
2270 and other such resolutions regarding North Korea:
Provided, That the report required by this paragraph shall
be submitted in unclassified form, but may be accompanied
by a classified annex.
(4) OVERSIGHT REQUIREMENT.—The Secretary of State shall
take all practicable steps to ensure that mechanisms are in
place for monitoring, oversight, and control of funds made available by this subsection for assistance for Egypt.
(5) CONSULTATION REQUIREMENT.—Not later than 90 days
after enactment of this Act, the Secretary of State shall consult
with the Committees on Appropriations on any plan to restructure military assistance for Egypt.
(b) IRAN.—
(1) FUNDING.—Funds appropriated by this Act under the
headings ‘‘Diplomatic and Consular Programs’’, ‘‘Economic Support Fund’’, and ‘‘Nonproliferation, Anti-terrorism, Demining
and Related Programs’’ shall be used by the Secretary of State—

H. R. 1625—559
(A) to support the United States policy to prevent
Iran from achieving the capability to produce or otherwise
obtain a nuclear weapon;
(B) to support an expeditious response to any violation
of the Joint Comprehensive Plan of Action or United
Nations Security Council Resolution 2231;
(C) to support the implementation and enforcement
of sanctions against Iran for support of terrorism, human
rights abuses, and ballistic missile and weapons proliferation; and
(D) for democracy programs for Iran, to be administered by the Assistant Secretary for Near Eastern Affairs,
Department of State, in consultation with the Assistant
Secretary for Democracy, Human Rights, and Labor,
Department of State.
(2) CONTINUATION OF PROHIBITION.—The terms and conditions of section 7041(c)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012
(division I of Public Law 112–74) shall continue in effect during
fiscal year 2018.
(3) REPORTS.—
(A) SEMI-ANNUAL REPORT.—The Secretary of State shall
submit to the Committees on Appropriations the semiannual report required by section 135 of the Atomic Energy
Act of 1954 (42 U.S.C. 2160e(d)(4)), as added by section
2 of the Iran Nuclear Agreement Review Act of 2015 (Public
Law 114–17).
(B) SANCTIONS REPORT.—Not later than 180 days after
the date of enactment of this Act, the Secretary of State,
in consultation with the Secretary of the Treasury, shall
submit to the appropriate congressional committees a
report on the status of the implementation and enforcement
of bilateral United States and multilateral sanctions
against Iran and actions taken by the United States and
the international community to enforce such sanctions
against Iran: Provided, That the report shall also include
any entities involved in providing significant support for
the development of a ballistic missile by the Government
of Iran after October 1, 2015, including shipping and
financing, and note whether such entities are currently
under United States sanctions: Provided further, That such
report shall be submitted in an unclassified form, but may
contain a classified annex if necessary.
(c) IRAQ.—
(1) PURPOSES.—Funds appropriated by this Act shall be
made available for assistance for Iraq to promote governance
and security, and for stabilization programs, including in the
Kurdistan Region of Iraq and other areas impacted by the
conflict in Syria, and among religious and ethnic minority populations in Iraq: Provided, That such assistance shall be provided
in accordance with the Constitution of Iraq: Provided further,
That funds appropriated by this Act under the headings ‘‘International Disaster Assistance’’ and ‘‘Migration and Refugee
Assistance’’ should be made available for assistance for the
Kurdistan Region of Iraq to address the needs of internally

H. R. 1625—560
displaced persons and refugees: Provided further, That the Secretary of State shall consult with the Committees on Appropriations prior to obligating funds made available for the Kurdistan
Region of Iraq.
(2) BASING RIGHTS AGREEMENT.—None of the funds appropriated or otherwise made available by this Act may be used
by the Government of the United States to enter into a permanent basing rights agreement between the United States and
Iraq.
(d) JORDAN.—Of the funds appropriated by this Act under titles
III and IV, not less than $1,525,000,000 shall be made available
for assistance for Jordan, of which: not less than $1,082,400,000
shall be made available under the heading ‘‘Economic Support
Fund’’, of which not less than $745,100,000 shall be made available
for budget support for the Government of Jordan; and not less
than $425,000,000 shall be made available under the heading ‘‘Foreign Military Financing Program’’.
(e) LEBANON.—
(1) LIMITATION.—None of the funds appropriated by this
Act may be made available for the Lebanese Internal Security
Forces (ISF) or the Lebanese Armed Forces (LAF) if the ISF
or the LAF is controlled by a foreign terrorist organization,
as designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(2) CONSULTATION.—Funds appropriated by this Act under
the headings ‘‘International Narcotics Control and Law Enforcement’’ and ‘‘Foreign Military Financing Program’’ that are available for assistance for Lebanon may be made available for
programs and equipment for the ISF and the LAF to address
security and stability requirements in areas affected by the
conflict in Syria, following consultation with the appropriate
congressional committees.
(3) ECONOMIC SUPPORT FUND.—Funds appropriated by this
Act under the heading ‘‘Economic Support Fund’’ that are available for assistance for Lebanon may be made available notwithstanding section 1224 of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 2346
note).
(4) FOREIGN MILITARY FINANCING PROGRAM.—In addition
to the activities described in paragraph (2), funds appropriated
by this Act under the heading ‘‘Foreign Military Financing
Program’’ for assistance for Lebanon may be made available
only to professionalize the LAF and to strengthen border security and combat terrorism, including training and equipping
the LAF to secure Lebanon’s borders, interdicting arms shipments, preventing the use of Lebanon as a safe haven for
terrorist groups, and to implement United Nations Security
Council Resolution 1701: Provided, That funds may not be
obligated for assistance for the LAF until the Secretary of
State submits to the Committees on Appropriations a spend
plan, including actions to be taken to ensure equipment provided to the LAF is only used for the intended purposes, except
such plan may not be considered as meeting the notification
requirements under section 7015 of this Act or under section
634A of the Foreign Assistance Act of 1961, and shall be submitted not later than September 1, 2018: Provided further,
That any notification submitted pursuant to such sections shall

H. R. 1625—561
include any funds specifically intended for lethal military equipment.
(f) LIBYA.—
(1) FUNDING.—Funds appropriated by titles III and IV of
this Act shall be made available for assistance for Libya for
programs to strengthen governing institutions and civil society,
improve border security, and promote stability in Libya, and
for activities to address the humanitarian needs of the people
of Libya: Provided, That section 7015(j) of this Act regarding
notification of assistance diverted or destroyed shall apply to
funds made available for assistance for Libya.
(2) LIMITATIONS.—
(A) COOPERATION ON THE SEPTEMBER 2012 ATTACK ON
UNITED STATES PERSONNEL AND FACILITIES.—None of the
funds appropriated by this Act may be made available
for assistance for the central Government of Libya unless
the Secretary of State certifies and reports to the Committees on Appropriations that such government is cooperating
with United States Government efforts to investigate and
bring to justice those responsible for the attack on United
States personnel and facilities in Benghazi, Libya in September 2012: Provided, That the limitation in this paragraph shall not apply to funds made available for the
purpose of protecting United States Government personnel
or facilities.
(B) INFRASTRUCTURE PROJECTS.—The limitation on the
uses of funds in section 7041(f)(2) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76) shall
apply to funds appropriated by this Act that are made
available for assistance for Libya.
(3) CERTIFICATION.—Prior to the initial obligation of funds
made available by this Act for assistance for Libya, the Secretary of State shall certify and report to the Committees
on Appropriations that all practicable steps have been taken
to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by this subsection
for assistance for Libya.
(g) MOROCCO.—
(1) AVAILABILITY AND CONSULTATION REQUIREMENT.—Funds
appropriated under title III of this Act shall be made available
for assistance for the Western Sahara: Provided, That not later
than 90 days after enactment of this Act and prior to the
obligation of such funds, the Secretary of State, in consultation
with the USAID Administrator, shall consult with the Committees on Appropriations on the proposed uses of such funds.
(2) FOREIGN MILITARY FINANCING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Foreign Military
Financing Program’’ that are available for assistance for
Morocco may only be used for the purposes requested in the
Congressional Budget Justification, Foreign Operations, Fiscal
Year 2017.
(h) REFUGEE ASSISTANCE IN NORTH AFRICA.—Not later than
45 days after enactment of this Act, the Secretary of State, after
consultation with the United Nations High Commissioner for Refugees and the Executive Director of the World Food Programme,
shall submit a report to the Committees on Appropriations

H. R. 1625—562
describing steps taken to strengthen monitoring of the delivery
of humanitarian assistance provided for refugees in North Africa,
including any steps taken to ensure that all vulnerable refugees
are receiving such assistance.
(i) NORTH AFRICA STRATEGY.—Not later than 60 days after
enactment of this Act, the Secretary of State, in consultation with
the Secretary of Defense, shall submit to the appropriate congressional committees a strategy for United States engagement in North
Africa, which shall include detailed information on how diplomatic
engagement and assistance will be prioritized for such region,
including to address economic and security needs.
(j) RELIEF AND RECOVERY FUND.—
(1) FUNDS AND TRANSFER AUTHORITY.—Of the funds appropriated by this Act under the headings ‘‘Economic Support
Fund’’, ‘‘International Narcotics Control and Law Enforcement’’,
‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, ‘‘Peacekeeping Operations’’, and ‘‘Foreign Military
Financing Program’’, not less than $500,000,000 shall be made
available for the Relief and Recovery Fund for assistance for
areas liberated from, at risk from, or under the control of,
the Islamic State of Iraq and Syria, other terrorist organizations, or violent extremist organizations in the Middle East
and Africa, including for stabilization assistance for vulnerable
ethnic and religious minority communities affected by conflict:
Provided, That such funds are in addition to amounts otherwise
made available for such purposes and to amounts specifically
designated in this Act or in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated Act) for assistance for countries: Provided further, That
such funds appropriated under such headings may be transferred to, and merged with, funds appropriated under such
headings: Provided further, That such transfer authority is
in addition to any other transfer authority provided by this
Act or any other Act, and is subject to the regular notification
procedures of the Committees on Appropriations.
(2) TRANSITIONAL JUSTICE.—Of the funds appropriated by
this Act under the heading ‘‘International Narcotics Control
and Law Enforcement’’ that are made available for the Relief
and Recovery Fund, not less than $5,000,000 shall be made
available for programs to promote accountability in Iraq and
Syria for genocide, crimes against humanity, and war crimes,
which shall be in addition to any other funds made available
by this Act for such purposes: Provided, That such programs
shall include components to develop local investigative and
judicial skills, and to collect and preserve evidence and maintain the chain of custody of evidence, including for use in
prosecutions: Provided further, That such funds shall be
administered by the Special Coordinator for the Office of Global
Criminal Justice, Department of State: Provided further, That
funds made available by this paragraph shall only be made
available on an open and competitive basis.
(3) COST-MATCHING BASIS.—Funds appropriated pursuant
to paragraph (1) shall be made available to the maximum
extent practicable on a cost-matching basis from sources other
than the United States Government.
(k) SYRIA.—

H. R. 1625—563
(1) NON-LETHAL ASSISTANCE.—Funds appropriated by this
Act under the headings ‘‘Economic Support Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, and ‘‘Peacekeeping Operations’’ shall be made available, to the extent
practicable and notwithstanding any other provision of law,
for non-lethal assistance to address the needs of civilians
affected by conflict in Syria, and programs that seek to—
(A) establish local governance in Syria that is representative, inclusive, and accountable;
(B) empower women through political and economic
programs, and address the psychosocial needs of women
and their families in Syria and neighboring countries;
(C) develop and implement political processes that are
democratic, transparent, and strengthen the rule of law;
(D) further the legitimacy and viability of the Syrian
opposition, including local government structures in Syria
and through cross-border programs;
(E) develop and sustain civil society and independent
media in Syria;
(F) promote stability and economic development in
Syria;
(G) document, investigate, and prosecute human rights
violations in Syria, including through transitional justice
programs and support for nongovernmental organizations;
(H) expand the role of women in negotiations to end
the violence and in any political transition in Syria;
(I) assist Syrian refugees whose education has been
interrupted by the ongoing conflict to complete higher education requirements at universities and other academic
institutions in the region, and through distance learning;
(J) assist vulnerable populations in Syria and in neighboring countries;
(K) protect and preserve the cultural identity of the
people of Syria as a counterbalance to extremism, particularly those living in neighboring countries and among
youth;
(L) protect and preserve cultural heritage sites in
Syria, particularly those damaged and destroyed by extremists;
(M) counter extremism in Syria; and
(N) facilitate the return of displaced persons to liberated areas in Syria.
(2) DEMINING AND UNEXPLODED ORDNANCE CLEARANCE.—
Funds appropriated by this Act under the heading ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’
for assistance for Syria shall be made available for demining
and unexploded ordnance clearance programs.
(3) STRATEGY AND SYRIAN ORGANIZATIONS.—Funds appropriated by this Act that are made available for assistance
for Syria pursuant to the authority of this subsection—
(A) may only be made available after the Secretary
of State, in consultation with the heads of relevant United
States Government agencies, submits, in classified form
if necessary, an update to the comprehensive strategy
required in section 7041(i)(3) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2014 (division K of Public Law 113–76); and

H. R. 1625—564
(B) shall be made available, on an open and competitive
basis, to continue a program to strengthen the capability
of Syrian civil society organizations to address the immediate and long-term needs of the Syrian people in Syria
in a manner that supports the sustainability of such
organizations in implementing Syrian-led humanitarian
and development programs: Provided, That funds made
available by this paragraph shall be administered by the
Bureau for Democracy, Human Rights, and Labor, Department of State.
(4) LIMITATION.—None of the funds appropriated by this
Act for assistance for Syria may be made available for a project
or activity that supports or otherwise legitimizes the Government of Iran, foreign terrorist organizations (as designated
pursuant to section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189)), or a proxy of Iran in Syria.
(5) MONITORING, OVERSIGHT, CONSULTATION, AND NOTIFICATION.—
(A) Prior to the obligation of funds appropriated by
this Act and made available for assistance for Syria, the
Secretary of State shall take all practicable steps to ensure
that mechanisms are in place for monitoring, oversight,
and control of such assistance inside Syria.
(B) Section 7015(j) of this Act regarding the notification
of assistance diverted or destroyed shall apply to funds
made available for assistance for Syria.
(C) Funds made available pursuant to this subsection
may only be made available following consultation with
the appropriate congressional committees, and shall be subject to the regular notification procedures of the Committees on Appropriations.
(l) TUNISIA.—Of the funds appropriated under titles III and
IV of this Act, not less than $165,400,000 shall be made available
for assistance for Tunisia.
(m) WEST BANK AND GAZA.—
(1) REPORT ON ASSISTANCE.—Prior to the initial obligation
of funds made available by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and
Gaza, the Secretary of State shall report to the Committees
on Appropriations that the purpose of such assistance is to—
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) LIMITATIONS.—
(A)(i) None of the funds appropriated under the
heading ‘‘Economic Support Fund’’ in this Act may be made
available for assistance for the Palestinian Authority, if
after the date of enactment of this Act—
(I) the Palestinians obtain the same standing as
member states or full membership as a state in the
United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the
Palestinians; or

H. R. 1625—565
(II) the Palestinians initiate an International
Criminal Court (ICC) judicially authorized investigation, or actively support such an investigation, that
subjects Israeli nationals to an investigation for alleged
crimes against Palestinians.
(ii) The Secretary of State may waive the restriction
in clause (i) of this subparagraph resulting from the
application of subclause (I) of such clause if the Secretary
certifies to the Committees on Appropriations that to do
so is in the national security interest of the United States,
and submits a report to such Committees detailing how
the waiver and the continuation of assistance would assist
in furthering Middle East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100–204) if the President
determines and certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of
the Senate, and the appropriate congressional committees
that the Palestinians have not, after the date of enactment
of this Act—
(I) obtained in the United Nations or any specialized agency thereof the same standing as member
states or full membership as a state outside an agreement negotiated between Israel and the Palestinians;
and
(II) initiated or actively supported an ICC investigation against Israeli nationals for alleged crimes
against Palestinians.
(ii) Not less than 90 days after the President is unable
to make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of
Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that the Palestinians have
entered into direct and meaningful negotiations with Israel:
Provided, That any waiver of the provisions of section
1003 of Public Law 100–204 under clause (i) of this
subparagraph or under previous provisions of law must
expire before the waiver under the preceding sentence may
be exercised.
(iii) Any waiver pursuant to this subparagraph shall
be effective for no more than a period of 6 months at
a time and shall not apply beyond 12 months after the
enactment of this Act.
(3) REDUCTION.—The Secretary of State shall reduce the
amount of assistance made available by this Act under the
heading ‘‘Economic Support Fund’’ for the Palestinian Authority
by an amount the Secretary determines is equivalent to the
amount expended by the Palestinian Authority, the Palestine
Liberation Organization, and any successor or affiliated
organizations with such entities as payments for acts of terrorism by individuals who are imprisoned after being fairly
tried and convicted for acts of terrorism and by individuals
who died committing acts of terrorism during the previous
calendar year: Provided, That the Secretary shall report to

H. R. 1625—566
the Committees on Appropriations on the amount reduced for
fiscal year 2018 prior to the obligation of funds for the Palestinian Authority.
(4) SECURITY REPORT.—The reporting requirements in section 1404 of the Supplemental Appropriations Act, 2008 (Public
Law 110–252) shall apply to funds made available by this
Act, including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(5) INCITEMENT REPORT.—Not later than 90 days after
enactment of this Act, the Secretary of State shall submit
a report to the appropriate congressional committees detailing
steps taken by the Palestinian Authority to counter incitement
of violence against Israelis and to promote peace and coexistence with Israel.
AFRICA

SEC. 7042. (a) AFRICAN GREAT LAKES REGION ASSISTANCE
RESTRICTION.—Funds appropriated by this Act under the heading
‘‘International Military Education and Training’’ for the central
government of a country in the African Great Lakes region may
be made available only for Expanded International Military Education and Training and professional military education until the
Secretary of State determines and reports to the Committees on
Appropriations that such government is not facilitating or otherwise
participating in destabilizing activities in a neighboring country,
including aiding and abetting armed groups.
(b) BOKO HARAM.—Funds appropriated by this Act that are
made available for assistance for Cameroon, Chad, Niger, and
Nigeria—
(1) shall be made available for assistance for women and
girls who are targeted by the terrorist organization Boko
Haram, consistent with the provisions of section 7059 of this
Act, and for individuals displaced by Boko Haram violence;
and
(2) may be made available for counterterrorism programs
to combat Boko Haram.
(c) CENTRAL AFRICAN REPUBLIC.—Funds made available by this
Act for assistance for the Central African Republic shall be made
available for reconciliation and peacebuilding programs, including
activities to promote inter-faith dialogue at the national and local
levels, and for programs to prevent crimes against humanity.
(d) ETHIOPIA.—
(1) FORCED EVICTIONS.—
(A) Funds appropriated by this Act for assistance for
Ethiopia may not be made available for any activity that
supports forced evictions.
(B) The Secretary of the Treasury should instruct the
United States executive director of each international
financial institution to use the voice and vote of the United
States to support projects in Ethiopia only if such projects
are developed and carried out in accordance with the
requirements of section 7029(b)(2) of this Act.
(2) CONSULTATION.—Programs and activities to improve
livelihoods shall include prior consultation with, and the participation of, affected communities, including in the South Omo
and Gambella regions.

H. R. 1625—567
(3) REPORT.—Not later than 45 days after enactment of
this Act, the Secretary of State shall submit to the Committees
on Appropriations the report under this subsection in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(e) LAKE CHAD BASIN COUNTRIES.—Funds appropriated by this
Act that are made available for assistance for Cameroon, Chad,
Niger, and Nigeria should be made available, following consultation
with the Committees on Appropriations, for—
(1) democracy programs, including to protect freedom of
expression, association, assembly, and religion, including support for independent journalists, civil society, and democratic
political parties;
(2) assistance for governments of such countries to
strengthen accountability and the rule of law, including within
the security forces; and
(3) health and development programs.
(f) LORD’S RESISTANCE ARMY.—Funds appropriated by this Act
shall be made available for programs and activities in areas affected
by the Lord’s Resistance Army (LRA) consistent with the goals
of the Lord’s Resistance Army Disarmament and Northern Uganda
Recovery Act of 2009 (Public Law 111–172), including to improve
physical access, telecommunications infrastructure, and earlywarning mechanisms and to support the disarmament, demobilization, and reintegration of former LRA combatants, especially child
soldiers.
(g) MALAWI.—Of the funds appropriated by this Act under
the heading ‘‘Development Assistance’’, not less than $56,000,000
shall be made available for assistance for Malawi, of which up
to $10,000,000 shall be made available for higher education programs.
(h) SOUTH SUDAN.—
(1) STRATEGY UPDATE.—Not later than 60 days after enactment of this Act, the Secretary of State, in consultation with
the USAID Administrator, shall submit an update to the
strategy required in section 7042(i) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115–31).
(2) CERTIFICATION.—None of the funds appropriated by this
Act that are available for assistance for the central Government
of South Sudan may be made available until the Secretary
of State certifies and reports to the Committees on Appropriations that such government is taking effective steps to—
(A) end hostilities and pursue good faith negotiations
for a political settlement of the conflict;
(B) provide access for humanitarian organizations;
(C) end the recruitment and use of child soldiers;
(D) protect freedoms of expression, association, and
assembly;
(E) reduce corruption related to the extraction and
sale of oil and gas;
(F) establish democratic institutions;
(G) establish accountable military and police forces
under civilian authority; and
(H) investigate and prosecute individuals credibly
alleged to have committed gross violations of human rights,

H. R. 1625—568
including at the Terrain compound in Juba, South Sudan
on July 11, 2016.
(3) EXCLUSIONS.—The limitation of paragraph (2) shall not
apply to—
(A) humanitarian assistance;
(B) assistance to support South Sudan peace negotiations or to advance or implement a peace agreement; and
(C) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement
and mutual arrangements related to such Agreement.
(4) CONSULTATION.—Prior to the initial obligation of funds
made available for the central Government of South Sudan
pursuant to paragraphs (3)(B) and (C), the Secretary of State
shall consult with the Committees on Appropriations on the
intended uses of such funds, steps taken by such government
to advance or implement a peace agreement, and progress
made by the Government of South Sudan in meeting the
requirements in paragraph (2).
(i) SUDAN.—
(1) LIMITATIONS.—
(A) ASSISTANCE.—Notwithstanding any other provision
of law, none of the funds appropriated by this Act may
be made available for assistance for the Government of
Sudan.
(B) LOANS.—None of the funds appropriated by this
Act may be made available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees held by the Government of Sudan, including the cost of selling, reducing,
or canceling amounts owed to the United States, and modifying concessional loans, guarantees, and credit agreements.
(2) EXCLUSIONS.—The limitations of paragraph (1) shall
not apply to—
(A) humanitarian assistance;
(B) assistance for democracy programs;
(C) assistance for the Darfur region, Southern Kordofan
State, Blue Nile State, other marginalized areas and populations in Sudan, and Abyei; and
(D) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement,
mutual arrangements related to post-referendum issues
associated with such Agreement, or any other internationally recognized viable peace agreement in Sudan.
(j) ZIMBABWE.—
(1) INSTRUCTION.—The Secretary of the Treasury shall
instruct the United States executive director of each international financial institution to vote against any extension
by the respective institution of any loan or grant to the Government of Zimbabwe, except to meet basic human needs or to
promote democracy, unless the Secretary of State certifies and
reports to the Committees on Appropriations that the rule
of law has been restored, including respect for ownership and
title to property, and freedoms of expression, association, and
assembly.
(2) LIMITATION.—None of the funds appropriated by this
Act shall be made available for assistance for the central

H. R. 1625—569
Government of Zimbabwe, except for health and education,
unless the Secretary of State certifies and reports as required
in paragraph (1), and funds may be made available for macroeconomic growth assistance if the Secretary reports to the
Committees on Appropriations that such government is implementing transparent fiscal policies, including public disclosure
of revenues from the extraction of natural resources.
EAST ASIA AND THE PACIFIC

SEC. 7043. (a) BURMA.—
(1) BILATERAL ECONOMIC ASSISTANCE.—
(A) ECONOMIC SUPPORT FUND.—Funds appropriated by
this Act under the heading ‘‘Economic Support Fund’’ for
assistance for Burma may be made available notwithstanding any other provision of law, except for this subsection, and following consultation with the appropriate
congressional committees.
(B) USES.—Funds appropriated under title III of this
Act for assistance for Burma—
(i) shall be made available to strengthen civil
society organizations in Burma and for programs to
strengthen independent media;
(ii) shall be made available for community-based
organizations operating in Thailand to provide food,
medical, and other humanitarian assistance to
internally displaced persons in eastern Burma, in addition to assistance for Burmese refugees from funds
appropriated by this Act under the heading ‘‘Migration
and Refugee Assistance’’;
(iii) shall be made available for programs to promote ethnic and religious tolerance and to combat
gender-based violence, including in Rakhine, Shan,
Kachin, and Karen states;
(iv) shall be made available to promote rural economic development in Burma, including through microfinance programs;
(v) shall be made available to increase opportunities for foreign direct investment by strengthening the
rule of law, transparency, and accountability;
(vi) shall be made available for programs to investigate and document allegations of ethnic cleansing
and other gross violations of human rights committed
against the Rohingya people in Rakhine state at not
less than the amount specified for such programs in
the table under this subsection in the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided,
That such funds shall be made available for civil society
organizations in Bangladesh and Burma for such purposes: Provided further, That prior to the obligation
of such funds, the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State, shall
ensure the establishment of a standard documentation
format and documentation procedures for use by such
organizations, and shall identify an appropriate repository for such information: Provided further, That such

H. R. 1625—570
sums shall be in addition to funds otherwise made
available for such purposes;
(vii) shall be made available for programs to investigate and document allegations of gross violations of
human rights committed in Burma, particularly in
areas of conflict: Provided, That such funds shall be
made available for civil society and international
organizations, including those in countries bordering
Burma, at not less than the amount specified for such
programs in the table under this subsection in the
explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act);
(viii) shall be made available to support the
implementation of the August 2017 Final Report of
the Advisory Commission on Rakhine State entitled
‘‘Towards a Peaceful, Fair and Prosperous Future for
the People of Rakhine’’;
(ix) may not be made available to any individual
or organization if the Secretary of State has credible
information that such individual or organization has
committed a gross violation of human rights, including
against Rohingya and other minority groups, or that
advocates violence against ethnic or religious groups
or individuals in Burma;
(x) may not be made available to any organization
or entity controlled by the armed forces of Burma;
(xi) may be made available for ethnic groups and
civil society in Burma to help sustain ceasefire agreements and further prospects for reconciliation and
peace, which may include support to representatives
of ethnic armed groups for this purpose; and
(xii) may only be made available for programs
to support the return of Rohingya, Karen, and other
refugees and internally displaced persons to their locations of origin or preference in Burma if such returns
are voluntary and consistent with international law.
(C) REGIONAL PROGRAMS.—Funds appropriated under
title III of this Act shall be made available for regional
programs to address violent extremism, which shall be
administered by the Mission Director of the Regional
Development Mission for Asia, USAID.
(2) INTERNATIONAL SECURITY ASSISTANCE.—None of the
funds appropriated by this Act under the headings ‘‘International Military Education and Training’’ and ‘‘Foreign Military Financing Program’’ may be made available for assistance
for Burma: Provided, That the Department of State may continue consultations with the armed forces of Burma only on
human rights and disaster response in a manner consistent
with the prior fiscal year, and following consultation with the
appropriate congressional committees.
(3) MULTILATERAL ASSISTANCE.—The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice and
vote of the United States to support projects in Burma only
if such projects are developed and carried out in accordance
with the requirements of section 7029(b)(2) of this Act.
(4) CERTIFICATION AND WAIVER.—

H. R. 1625—571
(A) Notwithstanding any provision of this subsection,
of the funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ that are made available for
assistance for Burma, 15 percent may not be obligated
until the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of
Burma—
(i) has terminated military cooperation with North
Korea;
(ii) is respecting human rights and the rule of
law, including the arrest and prosecution of journalists
and two Kachin pastors in December 2016;
(iii) is revising, updating, or repealing colonialera and other oppressive laws that are used in such
prosecutions, including the Unlawful Associations Act;
and
(iv) is credibly investigating the murder of U Ko
Ni, and is taking steps to protect and defend the security and safety of other activists.
(B) The Secretary of State may waive the requirements
of this paragraph if the Secretary determines and reports
to the Committees on Appropriations that do so is in the
national interest.
(5) PROGRAMS, POSITION, AND RESPONSIBILITIES.—
(A) Any new program or activity in Burma initiated
in fiscal year 2018 shall be subject to prior consultation
with the appropriate congressional committees.
(B) Section 7043(b)(7) of the Department of State, Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113–235) shall continue
in effect during fiscal year 2018.
(C) The United States Chief of Mission in Burma,
in consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State, shall be
responsible for democracy and human rights programs in
Burma.
(b) CAMBODIA.—
(1) ASSISTANCE.—
(A) None of the funds appropriated by this Act that
are made available for assistance for the Government of
Cambodia may be obligated or expended unless the Secretary of State certifies and reports to the Committees
on Appropriations that such Government is taking effective
steps to—
(i) strengthen regional security and stability,
particularly regarding territorial disputes in the South
China Sea and the enforcement of international sanctions with respect to North Korea; and
(ii) respect the rights and responsibilities
enshrined in the Constitution of the Kingdom of Cambodia as enacted in 1993, including through the—
(I) restoration of the civil and political rights
of the opposition Cambodia National Rescue Party,
media, and civil society organizations;
(II) restoration of all elected officials to their
elected offices; and

H. R. 1625—572
(III) release of all political prisoners, including
journalists, civil society activists, and members of
the opposition political party.
(B) Funds appropriated under title III of this Act for
assistance for Cambodia shall be made available for—
(i) democracy programs, including research and
education programs associated with the Khmer Rouge
in Cambodia, except that no funds for such purposes
may be made available to the Extraordinary Chambers
in the Court of Cambodia; and
(ii) programs in the Khmer language to counter
the influence of the People’s Republic of China in Cambodia.
(2) VISA RESTRICTION.—Funds appropriated under title I
of this Act shall be made available to continue to implement
the policy announced by the Department of State on December
6, 2017, to restrict the issuance of visas to enter the United
States to individuals involved in undermining democracy in
Cambodia, including the family members of such individuals,
as appropriate: Provided, That not later than 30 days after
enactment of this Act, the Secretary of State shall submit
a report to the appropriate congressional committees describing
the implementation of such policy.
(c) NORTH KOREA.—
(1) CYBERSECURITY.—None of the funds appropriated by
this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs may
be made available for assistance for the central government
of a country the Secretary of State determines and reports
to the appropriate congressional committees engages in significant transactions contributing materially to the malicious
cyber-intrusion capabilities of the Government of North Korea:
Provided, That the Secretary of State shall submit the report
required by section 209 of the North Korea Sanctions and
Policy Enhancement Act of 2016 (Public Law 114–122; 22
U.S.C. 9229), as amended, to the Committees on Appropriations
in the manner described in subparagraph (2)(A) of such section:
Provided further, That the Secretary of State may waive the
application of the restriction in this paragraph with respect
to assistance for the central government of a country if the
Secretary determines and reports to the appropriate congressional committees that to do so is important to the national
security interest of the United States, including a description
of such interest served.
(2) BROADCASTS.—Funds appropriated by this Act under
the heading ‘‘International Broadcasting Operations’’ shall be
made available to maintain broadcasting hours into North
Korea at levels not less than the prior fiscal year.
(3) REFUGEES.—Funds appropriated by this Act under the
heading ‘‘Migration and Refugee Assistance’’ should be made
available for assistance for refugees from North Korea,
including protection activities in the People’s Republic of China
and other countries in Asia.
(4) HUMAN RIGHTS PROMOTION, DATABASE, AND LIMITATION
ON USE OF FUNDS.—
(A) HUMAN RIGHTS PROMOTION.—Of the funds appropriated by this Act under the headings ‘‘Economic Support

H. R. 1625—573
Fund’’ and ‘‘Democracy Fund’’, not less than $8,000,000
shall be made available for the promotion of human rights
in North Korea: Provided, That such funds shall be
administered by the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State: Provided
further, That the authority of section 7032(b) of this Act
shall apply to such funds.
(B) DATABASE.—Funds appropriated by this Act under
title III shall be made available to maintain a database
of prisons and gulags in North Korea, in accordance with
section 7032(i) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113–76).
(C) LIMITATION.—None of the funds made available
by this Act under the heading ‘‘Economic Support Fund’’
may be made available for assistance for the Government
of North Korea.
(d) PEOPLE’S REPUBLIC OF CHINA.—
(1) LIMITATION ON USE OF FUNDS.—None of the funds appropriated under the heading ‘‘Diplomatic and Consular Programs’’
in this Act may be obligated or expended for processing licenses
for the export of satellites of United States origin (including
commercial satellites and satellite components) to the People’s
Republic of China (PRC) unless, at least 15 days in advance,
the Committees on Appropriations are notified of such proposed
action.
(2) PEOPLE’S LIBERATION ARMY.—The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961
shall apply to foreign assistance projects or activities of the
People’s Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or controlled
by, or an affiliate of, the PLA: Provided, That none of the
funds appropriated or otherwise made available pursuant to
this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary
of State has reason to believe is owned or controlled by, or
an affiliate of, the PLA.
(3) COUNTER INFLUENCE PROGRAMS.—Funds appropriated
by this Act for public diplomacy under title I and for assistance
under titles III and IV shall be made available to counter
the influence of the PRC, in accordance with the strategy
required by section 7043(e)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113–76), following consultation
with the Committees on Appropriations.
(4) AUTHORITY AND NOTIFICATION REQUIREMENT.—
(A) AUTHORITY.—The uses of funds made available by
this Act for the promotion of democracy in the PRC, except
for funds made available under subsection (f), shall be
the responsibility of the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State.
(B) NOTIFICATION.—Funds appropriated by this Act
that are made available for trilateral programs conducted
with the PRC shall be subject to the regular notification
procedures of the Committees on Appropriations.
(e) PHILIPPINES.—Funds appropriated by this Act under the
heading ‘‘International Narcotics Control and Law Enforcement’’

H. R. 1625—574
may be made available for counternarcotics assistance for the Philippine National Police only if the Secretary of State determines
and reports to the Committees on Appropriations that the Government of the Philippines has adopted and is implementing a counternarcotics strategy that is consistent with international human
rights standards, including investigating and prosecuting individuals who are credibly alleged to have ordered, committed, or covered
up extrajudicial killings and other gross violations of human rights
in the conduct of counternarcotics operations: Provided, That the
limitation of this paragraph shall not apply to funds made available
for drug demand reduction or maritime programs, or to support
for the development of such counternarcotics strategy following
consultation with the appropriate congressional committees.
(f) TIBET.—
(1) FINANCING OF PROJECTS IN TIBET.—The Secretary of
the Treasury should instruct the United States executive
director of each international financial institution to use the
voice and vote of the United States to support financing of
projects in Tibet if such projects do not provide incentives
for the migration and settlement of non-Tibetans into Tibet
or facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions, and are subject
to effective monitoring.
(2) PROGRAMS FOR TIBETAN COMMUNITIES.—
(A) TIBET AUTONOMOUS REGION.—Notwithstanding any
other provision of law, of the funds appropriated by this
Act under the heading ‘‘Economic Support Fund’’, not less
than $8,000,000 shall be made available to nongovernmental organizations to support activities which preserve
cultural traditions and promote sustainable development,
education, and environmental conservation in Tibetan
communities in the Tibet Autonomous Region and in other
Tibetan communities in China.
(B) INDIA AND NEPAL.—Of the funds appropriated by
this Act under the heading ‘‘Economic Support Fund’’, not
less than $6,000,000 shall be made available for programs
to promote and preserve Tibetan culture, development, and
the resilience of Tibetan communities in India and Nepal,
and to assist in the education and development of the
next generation of Tibetan leaders from such communities:
Provided, That such funds are in addition to amounts made
available in subparagraph (A) for programs inside Tibet.
(C) TIBETAN GOVERNANCE.—Of the funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’,
not less than $3,000,000 shall be made available for programs to strengthen the capacity of Tibetan institutions
and governance.
(g) VIETNAM.—
(1) DIOXIN REMEDIATION.—Notwithstanding any other
provision of law, of the funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’, not less than
$20,000,000 shall be made available for activities related to
the remediation of dioxin contaminated sites in Vietnam and
may be made available for assistance for the Government of
Vietnam, including the military, for such purposes.

H. R. 1625—575
(2) HEALTH AND DISABILITY PROGRAMS.—Of the funds
appropriated by this Act under the heading ‘‘Development
Assistance’’, not less than $10,000,000 shall be made available
for health and disability programs in areas sprayed with Agent
Orange and otherwise contaminated with dioxin, to assist
individuals with severe upper or lower body mobility impairment or cognitive or developmental disabilities.
SOUTH AND CENTRAL ASIA

SEC. 7044. (a) AFGHANISTAN.—
(1) ASSISTANCE AND CONDITIONS.—
(A) FUNDING AND LIMITATIONS.—Funds appropriated
by this Act under the headings ‘‘Economic Support Fund’’
and ‘‘International Narcotics Control and Law Enforcement’’ may be made available for assistance for Afghanistan: Provided, That such funds may not be obligated for
any project or activity that—
(i) includes the participation of any Afghan individual or organization, including government entity,
if the Secretary of State has credible information that
such individual, organization, or entity is involved in
corrupt practices, illicit narcotics production or trafficking, or a violation of human rights;
(ii) cannot be sustained, as appropriate, by the
Government of Afghanistan or another Afghan entity;
(iii) is not regularly accessible for the purposes
of conducting effective oversight in accordance with
applicable Federal statutes and regulations;
(iv) initiates any new, major infrastructure
development; or
(v) is conducted in areas where project and
resource disbursement monitoring cannot be performed, unless the Secretary of State, in consultation
with the Administrator of the United States Agency
for International Development, certifies to the Committees on Appropriations that to do so is in the national
security interest of the United States, and submits
a report to such Committees describing such interest,
including how such project or activity does not legitimize the Taliban or other extremist organizations.
(B) CERTIFICATION AND REPORT.—Prior to the initial
obligation of funds made available by this Act under the
headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’ for assistance for
the central Government of Afghanistan, the Secretary of
State shall certify and report to the Committees on Appropriations, after consultation with the Government of
Afghanistan, that—
(i) goals and benchmarks for the specific uses of
such funds have been established by the Governments
of the United States and Afghanistan;
(ii) conditions are in place that increase the transparency and accountability of the Government of
Afghanistan for funds obligated under the New
Development Partnership or other incentive-based programs;

H. R. 1625—576
(iii) the Government of Afghanistan is implementing laws and policies to govern democratically
and protect the rights of individuals, civil society, and
the media;
(iv) the Government of Afghanistan is taking consistent steps to protect and advance the rights of
women and girls in Afghanistan;
(v) the Government of Afghanistan is effectively
implementing a whole-of-government, anti-corruption
strategy that has been endorsed by the High Council
on Rule of Law and Anti-Corruption, as agreed to
at the Brussels Conference on Afghanistan in October
2016, and is prosecuting individuals alleged to be
involved in corrupt or illegal activities in Afghanistan;
(vi) monitoring and oversight frameworks for programs implemented with such funds are in accordance
with all applicable audit policies of the Department
of State and USAID, including in areas under the
control of the Taliban or other extremist organizations;
(vii) the necessary policies and procedures are in
place to ensure Government of Afghanistan compliance
with section 7013 of this Act, ‘‘Prohibition on Taxation
of United States Assistance’’; and
(viii) the Government of Afghanistan is publicly
reporting its national budget, including revenues and
expenditures.
(C) WAIVER.—The Secretary of State may waive the
certification requirement of subparagraph (B) if the Secretary determines that to do so is important to the national
security interest of the United States and the Secretary
submits a report to the Committees on Appropriations,
in classified form if necessary, on the justification for the
waiver and the reasons why any of the requirements of
subparagraph (B) cannot be met.
(D) PROGRAMS.—Funds appropriated by this Act that
are made available for assistance for Afghanistan shall
be made available—
(i) for programs that protect and strengthen the
rights of women and girls and promote the political
and economic empowerment of women, including their
meaningful inclusion in political processes: Provided,
That such assistance to promote economic empowerment of women shall be made available as grants
to Afghan organizations, to the maximum extent practicable;
(ii) for programs in South and Central Asia to
expand linkages between Afghanistan and countries
in the region; and
(iii) to assist the Government of Afghanistan to
develop transparent budgetary processes, including
executing a consistently applied system of legitimate
revenue generation and expenditure.
(E) TAXATION.—None of the funds appropriated by this
Act for assistance for Afghanistan may be made available
for direct government-to-government assistance unless the
Secretary of State certifies and reports to the Committees
on Appropriations that—

H. R. 1625—577
(i) the United States Government and the Government of Afghanistan have in place the agreements
necessary to ensure compliance with the principles set
forth in section 7013 of this Act; and
(ii) United States companies and organizations
that are implementing United States assistance programs in Afghanistan in a manner consistent with
United States laws and regulations are not subjected
by the Government of Afghanistan to taxes or other
fees in contravention of the agreements referenced in
clause (i), and are not subjected to retaliation by the
Government of Afghanistan for the nonpayment of such
taxes or fees imposed in the past: Provided, That not
later than 90 days after enactment of this Act, the
Secretary of State shall submit to the Committees on
Appropriations an assessment of the dollar value of
improper taxes or fees levied by such government
against such companies and organizations in fiscal year
2017.
(2) GOALS AND BENCHMARKS.—Not later than 90 days after
enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report describing
the goals and benchmarks required in paragraph (1)(B)(i): Provided, That not later than 6 months after the submission of
such report and every 6 months thereafter until September
30, 2019, the Secretary of State shall submit a report to such
committees on the status of achieving such goals and benchmarks: Provided further, That the Secretary of State should
suspend assistance for the Government of Afghanistan if any
report required by this paragraph indicates that such government is failing to make measurable progress in meeting such
goals and benchmarks.
(3) AUTHORITIES.—
(A) Funds appropriated by this Act under title III
through VI that are made available for assistance for
Afghanistan may be made available—
(i) notwithstanding section 7012 of this Act or
any similar provision of law and section 660 of the
Foreign Assistance Act of 1961;
(ii) for reconciliation programs and disarmament,
demobilization, and reintegration activities for former
combatants who have renounced violence against the
Government of Afghanistan, in accordance with section
7046(a)(2)(B)(ii) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2012 (division I of Public Law 112–74); and
(iii) for an endowment to empower women and
girls.
(B) Section 7046(a)(2)(A) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2012 (division I of Public Law 112–74) shall apply
to funds appropriated by this Act for assistance for Afghanistan.
(4) BASING RIGHTS AGREEMENT.—None of the funds made
available by this Act may be used by the United States Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.

H. R. 1625—578
(b) NEPAL.—
(1) ASSISTANCE.—Not less than $121,480,000 of the funds
appropriated by this Act under the headings ‘‘Global Health
Programs’’, ‘‘Economic Support Fund’’, ‘‘International Narcotics
Control and Law Enforcement’’, and ‘‘Nonproliferation, Antiterrorism, Demining and Related Programs’’ shall be made
available for assistance for Nepal, including for earthquake
recovery and reconstruction programs.
(2) FOREIGN MILITARY FINANCING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Foreign Military
Financing Program’’ shall only be made available for humanitarian and disaster relief and reconstruction activities in Nepal,
and in support of international peacekeeping operations: Provided, That such funds may only be made available for any
additional uses if the Secretary of State certifies and reports
to the Committees on Appropriations that the Government
of Nepal is investigating and prosecuting violations of human
rights and the laws of war, and the Nepal Army is cooperating
fully with civilian judicial authorities in such cases.
(c) PAKISTAN.—
(1) INTERNATIONAL SECURITY ASSISTANCE.—
(A) LIMITATION.—Funds appropriated by this Act under
the heading ‘‘Foreign Military Financing Program’’ for
assistance for Pakistan may be made available only to
support counterterrorism and counterinsurgency capabilities in Pakistan.
(B) CONSULTATION.—Not later than 30 days after
enactment of this Act, and prior to the submission of the
report required by section 653(a) of the Foreign Assistance
Act of 1961, the Secretary of State shall consult with the
Committees on Appropriations on the amount of funds
appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ that is anticipated to be subject
to the January 2018 policy decision of the United States
to suspend security assistance for Pakistan: Provided, That
the Secretary shall promptly inform the appropriate
congressional committees in writing of any changes to such
policy, the justification for such changes, and the progress
made by the Government of Pakistan in meeting the
counterterrorism objectives described under this section in
the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(C) REPROGRAMMING.—Funds appropriated by this Act
and prior Acts making appropriations for the Department
of State, foreign operations, and related programs under
the heading ‘‘Foreign Military Financing Program’’ for
assistance for Pakistan that are withheld from obligation
or expenditure by the Department of State may be
reprogrammed by the Secretary of State, except that no
such funds may be reprogrammed that are required to
complete payment on existing and previously approved contracts: Provided, That such reprogramming shall be subject
to the regular notification procedures of the Committees
on Appropriations.
(2) BILATERAL ECONOMIC ASSISTANCE REPORT.—Prior to the
obligation of funds made available by this Act under the
heading ‘‘Economic Support Fund’’ for assistance for the central

H. R. 1625—579
Government of Pakistan, the Secretary of State shall submit
a report to the appropriate congressional committees detailing—
(A) the amount of financing and other support, if any,
provided by the Government of Pakistan to schools supported by, affiliated with, or run by the Taliban or any
domestic or foreign terrorist organization in Pakistan;
(B) the extent of cooperation by such government in
issuing visas in a timely manner for United States visitors,
including officials and representatives of nongovernmental
organizations, engaged in assistance and security programs
in Pakistan; and
(C) the extent to which such government is providing
humanitarian organizations access to detainees, internally
displaced persons, and other Pakistani civilians affected
by conflict in Pakistan and the region.
(3) AUTHORITY AND USES OF FUNDS.—
(A) Funds appropriated by this Act for assistance for
Pakistan may be made available notwithstanding any other
provision of law, except for section 620M of the Foreign
Assistance Act of 1961.
(B) Funds appropriated by this Act for assistance for
Pakistan that are made available for infrastructure projects
shall be implemented in a manner consistent with section
507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).
(C) The authorities and directives of section 7044(d)(4)
of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2015 (division J of
Public Law 113–235) regarding scholarships for women
shall apply to funds appropriated by this Act for assistance
for Pakistan, following consultation with the Committees
on Appropriations.
(D) Funds appropriated by this Act under the headings
‘‘Economic Support Fund’’ and ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’ that are made
available for assistance for Pakistan shall be made available to interdict precursor materials from Pakistan to
Afghanistan that are used to manufacture improvised
explosive devices and for agriculture extension programs
that encourage alternative fertilizer use among Pakistani
farmers to decrease the dual use of fertilizer in the manufacturing of improvised explosive devices.
(E) Funds appropriated by this Act for assistance for
Pakistan shall be made available for border security programs, following consultation with the Committees on
Appropriations.
(F) Funds appropriated by title III of this Act shall
be made available for programs to promote democracy in
Pakistan.
(4) WITHHOLDING.—Of the funds appropriated under titles
III and IV of this Act that are made available for assistance
for Pakistan, $33,000,000 shall be withheld from obligation
until the Secretary of State reports to the Committees on Appropriations that Dr. Shakil Afridi has been released from prison
and cleared of all charges relating to the assistance provided
to the United States in locating Osama bin Laden.

H. R. 1625—580
(5) OVERSIGHT.—The Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by this
subsection for assistance for Pakistan: Provided, That the Secretary shall inform the Committees on Appropriations of such
steps in a timely manner.
(d) SRI LANKA.—
(1) BILATERAL ECONOMIC ASSISTANCE.—Of the funds appropriated under title III of this Act, not less than $35,000,000
shall be made available for assistance for Sri Lanka for economic development and democracy programs, particularly in
areas recovering from ethnic and religious conflict: Provided,
That such funds shall be made available for programs to assist
in the identification and resolution of cases of missing persons.
(2) CERTIFICATION.—Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be
made available only if the Secretary of State certifies and
reports to the Committees on Appropriations that the Government of Sri Lanka is—
(A) repealing laws that do not comply with international standards for arrest and detention by security
forces, and ensuring that any successor legislation meets
such standards;
(B) increasing accountability and transparency in
governance;
(C) investigating allegations of arbitrary arrest and
torture, and supporting a credible justice mechanism in
compliance with United Nations Human Rights Council
Resolution (A/HCR/30/L.29) of October 2015;
(D) returning military occupied private lands in former
conflict zones to their rightful owners or compensating
those whose land was confiscated without due process,
which includes legal steps and surveys to determine proper
title to disputed lands, and which is in addition to steps
taken during the previous calendar year;
(E) establishing a functioning office of missing persons
and assisting its investigations of cases of missing persons
from Sri Lanka’s internal armed conflicts, and publishing
lists of all persons who surrendered to such Government
after the end of the civil war in May 2009; and
(F) substantially reducing the presence of the armed
forces in former conflict zones and implementing a plan
for restructuring and reducing the size of the armed forces
to adopt a peacetime role that contributes to post-conflict
reconciliation and regional security.
(3) INTERNATIONAL SECURITY ASSISTANCE.—Funds appropriated under title IV of this Act that are available for assistance for Sri Lanka shall be subject to the following conditions—
(A) not to exceed $500,000 under the heading ‘‘Foreign
Military Financing Program’’ may only be made available
for programs to support humanitarian and disaster
response preparedness and maritime security; and
(B) funds under the heading ‘‘Peacekeeping Operations’’ may only be made available for training and equipment related to international peacekeeping operations, and
only if the Government of Sri Lanka is taking effective

H. R. 1625—581
steps to bring to justice Sri Lankan peacekeeping troops
who have engaged in sexual exploitation and abuse.
(e) REGIONAL PROGRAMS.—
(1) CROSS BORDER PROGRAMS.—Funds appropriated by this
Act under the heading ‘‘Economic Support Fund’’ for assistance
for Afghanistan and Pakistan may be provided, notwithstanding
any other provision of law that restricts assistance to foreign
countries, for cross border stabilization and development programs between Afghanistan and Pakistan, or between either
country and the Central Asian countries.
(2) SECURITY AND JUSTICE PROGRAMS.—Funds appropriated
by this Act that are made available for assistance for countries
in South and Central Asia shall be made available to accelerate
the recruitment and enhance the retention and professionalism
of women in the judiciary, police, and other security forces.
LATIN AMERICA AND THE CARIBBEAN

SEC. 7045. (a) CENTRAL AMERICA.—
(1) FUNDING.—Subject to the requirements of this subsection, of the funds appropriated under titles III and IV of
this Act, up to $615,000,000 may be made available for assistance for countries in Central America to implement the United
States Strategy for Engagement in Central America (the
Strategy): Provided, That such funds shall be made available
to the maximum extent practicable on a cost-matching basis.
(2) PRE-OBLIGATION REQUIREMENTS.—Prior to the obligation
of funds made available pursuant to paragraph (1), the Secretary of State shall submit to the Committees on Appropriations an updated multi-year spend plan as described under
this subsection in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act).
(3) ASSISTANCE FOR THE CENTRAL GOVERNMENTS OF EL SALVADOR, GUATEMALA, AND HONDURAS.—Of the funds made available pursuant to paragraph (1) that are available for assistance
for each of the central governments of El Salvador, Guatemala,
and Honduras, except for funds made available for the International Commission against Impunity in Guatemala or the
Mission to Support the Fight against Corruption and Impunity
in Honduras, the following amounts shall be withheld from
obligation and may only be made available as follows:
(A) 25 percent may only be obligated after the Secretary of State certifies and reports to the appropriate
congressional committees that such government is—
(i) informing its citizens of the dangers of the
journey to the southwest border of the United States;
(ii) combating human smuggling and trafficking;
(iii) improving border security, including preventing illegal migration, human smuggling and trafficking, and trafficking of illicit drugs and other contraband; and
(iv) cooperating with United States Government
agencies and other governments in the region to facilitate the return, repatriation, and reintegration of
illegal migrants arriving at the southwest border of

H. R. 1625—582
the United States who do not qualify for asylum, consistent with international law.
(B) An additional 50 percent may only be obligated
after the Secretary of State certifies and reports to the
appropriate congressional committees that such government is—
(i) working cooperatively with an autonomous, publicly accountable entity to provide oversight of the Plan
of the Alliance for Prosperity in the Northern Triangle
in Central America (the Plan);
(ii) combating corruption, including investigating
and prosecuting current and former government officials credibly alleged to be corrupt;
(iii) implementing reforms, policies, and programs
to improve transparency and strengthen public institutions, including increasing the capacity and independence of the judiciary and the Office of the Attorney
General;
(iv) implementing a policy to ensure that local
communities, civil society organizations (including
indigenous and other marginalized groups), and local
governments are consulted in the design, and participate in the implementation and evaluation of, activities
of the Plan that affect such communities, organizations,
and governments;
(v) countering the activities of criminal gangs, drug
traffickers, and organized crime;
(vi) investigating and prosecuting in the civilian
justice system government personnel, including military and police personnel, who are credibly alleged
to have violated human rights, and ensuring that such
personnel are cooperating in such cases;
(vii) cooperating with commissions against corruption and impunity and with regional human rights
entities;
(viii) supporting programs to reduce poverty,
expand education and vocational training for at-risk
youth, create jobs, and promote equitable economic
growth, particularly in areas contributing to large
numbers of migrants;
(ix) implementing a plan that includes goals,
benchmarks, and timelines to create a professional,
accountable civilian police force and end the role of
the military in internal policing, and make such plan
available to the Department of State;
(x) protecting the right of political opposition parties, journalists, trade unionists, human rights
defenders, and other civil society activists to operate
without interference;
(xi) increasing government revenues, including by
implementing tax reforms and strengthening customs
agencies; and
(xii) resolving commercial disputes, including the
confiscation of real property, between United States
entities and such government.
(4) DETERMINATIONS AND IMPACT ON ASSISTANCE.—

H. R. 1625—583
(A) INSUFFICIENT PROGRESS.—The Secretary of State
shall periodically review the progress of each of the central
governments of El Salvador, Guatemala, and Honduras
in meeting the requirements of paragraphs (3)(A) and
(3)(B): Provided, That if the Secretary determines and
reports to the appropriate congressional committees that
sufficient progress has not been made by such government
in meeting such requirements, the Secretary shall suspend,
in whole or in part, assistance for such government for
programs supporting such requirement, and shall notify
the appropriate congressional committees in writing of such
action: Provided further, That the Secretary may resume
such assistance if the Secretary determines and reports
to such committees that corrective measures have been
taken by such government.
(B) EXTRAORDINARY PROGRESS.—The Secretary of State
may, notwithstanding section 7019 of this Act, increase
assistance for El Salvador, Guatemala, or Honduras if the
Secretary determines and reports to the appropriate
congressional committees that the central government of
such country has made extraordinary progress in meeting
the requirements of paragraphs (3)(A) and (3)(B): Provided,
That such increase shall be provided in the amounts designated as Award for Extraordinary Progress in the table
under this section in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That such determination may be made for not more than one country and
following the submission of the reports for such country
submitted pursuant to paragraphs (3)(A) and (3)(B).
(C) CHANGE IN NATIONAL GOVERNMENT.—Not later
than 90 days following a change of national government
in El Salvador, Guatemala, or Honduras, the Secretary
of State shall determine whether or not such government
is meeting the requirements of paragraphs (3)(A) and (3)(B)
and submit a report to the appropriate congressional
committees detailing the reasons for such determination:
Provided, That if the Secretary determines that such
government is not meeting such requirements, then the
Secretary shall suspend, in whole or in part, assistance
for such central government until such time as such determination and report can be made.
(D) REPROGRAMMING.—
(i) Assistance suspended pursuant to subparagraphs (A) or (C) may be reprogrammed if the Secretary of State determines that corrective measures
have not been taken.
(ii) If the Secretary is unable to make a determination pursuant to subparagraph (B) within 180 days
after enactment of this Act, amounts designated under
such subparagraph may be reprogrammed.
(iii) Any reprogramming made pursuant to clauses
(i) or (ii) shall only be made available for assistance
for other countries in Latin America and the Caribbean
and shall be subject to the regular notification procedures of the Committees on Appropriations.

H. R. 1625—584
(5) CONSULTATION.—The Secretary of State shall consult
with the Committees on Appropriations not less than 14 days
prior to submitting any certification made pursuant to subsection (a)(3) and any suspension or reprogramming made
pursuant to subsection (a)(4).
(6) LIMITATION.—None of the funds made available by this
subsection for assistance for countries in Central America may
be made available for direct government-to-government assistance or for major infrastructure projects.
(b) COLOMBIA.—
(1) ASSISTANCE.—Of the funds appropriated by this Act
under titles III and IV, not less than $391,253,000 shall be
made available for assistance for Colombia, including to support
the efforts of the Government of Colombia to—
(A) conduct a unified campaign against narcotics trafficking, organizations designated as foreign terrorist
organizations pursuant to section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189), and other criminal
or illegal armed groups: Provided, That aircraft supported
by funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related programs may be used to transport
personnel and supplies involved in drug eradication and
interdiction, including security for such activities, and to
provide transport in support of alternative development
programs and investigations by civilian judicial authorities;
(B) enhance security and stability in Colombia and
the region;
(C) strengthen and expand governance, the rule of
law, and access to justice throughout Colombia;
(D) promote economic and social development,
including by improving access to areas impacted by conflict
through demining programs; and
(E) implement a peace agreement between the Government of Colombia and illegal armed groups, in accordance
with constitutional and legal requirements in Colombia:
Provided, That such funds shall be subject to prior consultation
with, and the regular notification procedures of, the Committees
on Appropriations.
(2) LIMITATION.—None of the funds appropriated by this
Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs that are
made available for assistance for Colombia may be made available for payment of reparations to conflict victims or compensation to demobilized combatants associated with a peace agreement between the Government of Colombia and illegal armed
groups.
(3) PRE-OBLIGATION REQUIREMENTS.—Prior to the initial
obligation of funds made available pursuant to paragraph (1),
the Secretary of State, in consultation with the USAID Administrator, shall submit to the Committees on Appropriations an
updated multi-year spend plan as described under this subsection in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act).
(4) APPORTIONMENT AND TRANSFER.—Funds made available
by this Act under the heading ‘‘Economic Support Fund’’ for
assistance for Colombia shall be apportioned directly to USAID,

H. R. 1625—585
except that not less than $7,000,000 of such funds shall be
transferred to, and merged with, funds appropriated by this
Act under the heading ‘‘Migration and Refugee Assistance’’
for assistance for Colombian refugees in neighboring countries.
(5) COUNTERNARCOTICS.—Of the funds made available by
this Act under the headings ‘‘Economic Support Fund’’ and
‘‘International Narcotics Control and Law Enforcement’’ for
counternarcotics assistance for Colombia, 25 percent may be
obligated only after the Secretary of State certifies and reports
to the Committees on Appropriations that the Government
of Colombia has reduced overall illicit drug cultivation, production, and trafficking.
(6) HUMAN RIGHTS.—Of the funds made available by this
Act under the heading ‘‘Foreign Military Financing Program’’
for assistance for Colombia, 20 percent may be obligated only
in accordance with the conditions set forth under section 7045
in Senate Report 115–152.
(7) EXCEPTIONS.—The limitations of paragraphs (5) and
(6) shall not apply to funds made available for aviation instruction and maintenance, and maritime and riverine security programs.
(c) HAITI.—
(1) CERTIFICATION.—Funds appropriated by this Act under
the headings ‘‘Development Assistance’’ and ‘‘Economic Support
Fund’’ that are made available for assistance for Haiti may
not be made available for assistance for the central Government
of Haiti unless the Secretary of State certifies and reports
to the Committees on Appropriations that such government
is taking effective steps, which are in addition to steps taken
since the certification and report submitted during the prior
year, if applicable, to—
(A) strengthen the rule of law in Haiti, including by—
(i) selecting judges in a transparent manner based
on merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of the judiciary;
and
(iv) improving governance by implementing
reforms to increase transparency and accountability,
including through the penal and criminal codes;
(B) combat corruption, including by implementing the
anti-corruption law enacted in 2014 and prosecuting corrupt officials;
(C) increase government revenues, including by implementing tax reforms, and increasing expenditures on public
services; and
(D) resolve commercial disputes between United States
entities and the Government of Haiti.
(2) HAITIAN COAST GUARD.—The Government of Haiti shall
be eligible to purchase defense articles and services under
the Arms Export Control Act (22 U.S.C. 2751 et seq.) for the
Coast Guard.
(d) VENEZUELA.—Of the funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’, not less than $15,000,000
shall be made available for programs to promote democracy and
the rule of law in Venezuela.

H. R. 1625—586
EUROPE AND EURASIA

SEC. 7046. (a) ASSISTANCE.—
(1) GEORGIA.—Of the funds appropriated by this Act under
titles III and IV, not less than $105,325,000 shall be made
available for assistance for Georgia.
(2) UKRAINE.—Of the funds appropriated by this Act under
titles III and IV, not less than $420,700,000 shall be made
available for assistance for Ukraine.
(b) LIMITATION.—None of the funds appropriated by this Act
may be made available for assistance for a government of an Independent State of the former Soviet Union if such government directs
any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided, That except as otherwise provided in section 7070(a) of
this Act, funds may be made available without regard to the restriction in this subsection if the President determines that to do so
is in the national security interest of the United States: Provided
further, That prior to executing the authority contained in the
previous proviso, the Secretary of State shall consult with the
Committees on Appropriations on how such assistance supports
the national security interest of the United States.
(c) SECTION 907 OF THE FREEDOM SUPPORT ACT.—Section 907
of the FREEDOM Support Act (22 U.S.C. 5812 note) shall not
apply to—
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.)
and section 1424 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2333) or non-proliferation
assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within
his or her official capacity;
(4) any insurance, reinsurance, guarantee, or other assistance provided by the Overseas Private Investment Corporation
under title IV of chapter 2 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank
Act of 1945 (Public Law 79–173); or
(6) humanitarian assistance.
(d) TURKEY.—None of the funds made available by this Act
may be used to facilitate or support the sale of defense articles
or defense services to the Turkish Presidential Protection Directorate (TPPD) under chapter 2 of the Arms Export Control Act
(22 U.S.C. 2761 et seq.), unless the Secretary of State determines
and reports to the appropriate congressional committees that members of the TPPD named in the July 17, 2017 indictment by the
Superior Court of the District of Columbia have returned to the
United States to stand trial in connection with the offenses contained in such indictment or have otherwise been brought to justice:
Provided, That the limitation in this paragraph shall not apply
to the use of funds made available by this Act for border security

H. R. 1625—587
purposes, for North Atlantic Treaty Organization or coalition operations, or to enhance the protection of United States officials and
facilities in Turkey.
WAR CRIMES TRIBUNALS

SEC. 7047. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may
direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services
for the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Security
Council or such other tribunals or commissions as the Council
may establish or authorize to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section shall
be in lieu of any determinations otherwise required under section
552(c): Provided further, That funds made available pursuant to
this section shall be made available subject to the regular notification procedures of the Committees on Appropriations.
UNITED NATIONS

SEC. 7048. (a) TRANSPARENCY AND ACCOUNTABILITY.—
(1) RESTRICTIONS.—Of the funds appropriated under title
I and under the heading ‘‘International Organizations and Programs’’ in title V of this Act that are available for contributions
to the United Nations (including the Department of Peacekeeping Operations), any United Nations agency, or the
Organization of American States, 15 percent may not be obligated for such organization, department, or agency until the
Secretary of State determines and reports to the Committees
on Appropriations that the organization, department, or agency
is—
(A) posting on a publicly available Web site, consistent
with privacy regulations and due process, regular financial
and programmatic audits of such organization, department,
or agency, and providing the United States Government
with necessary access to such financial and performance
audits;
(B) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection
of whistleblowers from retaliation, including best practices
for—
(i) protection against retaliation for internal and
lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting retaliation;
(iv) access to independent adjudicative bodies,
including external arbitration; and
(v) results that eliminate the effects of proven
retaliation; and
(C) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first class and business class travel.
(2) WAIVER.—The restrictions imposed by or pursuant to
paragraph (1) may be waived on a case-by-case basis if the

H. R. 1625—588
Secretary of State determines and reports to the Committees
on Appropriations that such waiver is necessary to avert or
respond to a humanitarian crisis.
(b) RESTRICTIONS ON UNITED NATIONS DELEGATIONS AND
ORGANIZATIONS.—
(1) RESTRICTIONS ON UNITED STATES DELEGATIONS.—None
of the funds made available by this Act may be used to pay
expenses for any United States delegation to any specialized
agency, body, or commission of the United Nations if such
agency, body, or commission is chaired or presided over by
a country, the government of which the Secretary of State
has determined, for purposes of section 6(j)(1) of the Export
Administration Act of 1979 as continued in effect pursuant
to the International Emergency Economic Powers Act (50 U.S.C.
App. 2405(j)(1)), supports international terrorism.
(2) RESTRICTIONS ON CONTRIBUTIONS.—None of the funds
made available by this Act may be used by the Secretary
of State as a contribution to any organization, agency, commission, or program within the United Nations system if such
organization, agency, commission, or program is chaired or
presided over by a country the government of which the Secretary of State has determined, for purposes of section 620A
of the Foreign Assistance Act of 1961, section 40 of the Arms
Export Control Act, section 6(j)(1) of the Export Administration
Act of 1979, or any other provision of law, is a government
that has repeatedly provided support for acts of international
terrorism.
(3) WAIVER.—The Secretary of State may waive the restriction in this subsection if the Secretary determines and reports
to the Committees on Appropriations that to do so is important
to the national interest of the United States, including a
description of the national interest served.
(c) UNITED NATIONS HUMAN RIGHTS COUNCIL.—None of the
funds appropriated by this Act may be made available in support
of the United Nations Human Rights Council unless the Secretary
of State determines and reports to the Committees on Appropriations that participation in the Council is important to the national
interest of the United States and that such Council is taking significant steps to remove Israel as a permanent agenda item and ensure
integrity in the election of members to such Council: Provided,
That such report shall include a description of the national interest
served and the steps taken to remove Israel as a permanent agenda
item and ensure integrity in the election of members to such
Council: Provided further, That the Secretary of State shall report
to the Committees on Appropriations not later than September
30, 2018, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months, and on
steps taken to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such Council.
(d) UNITED NATIONS RELIEF AND WORKS AGENCY.—Prior to
the initial obligation of funds for the United Nations Relief and
Works Agency (UNRWA), and not later than 45 days after enactment of this Act, the Secretary of State shall submit a report
in writing to the Committees on Appropriations on whether
UNRWA is—

H. R. 1625—589
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on neutrality
and impartiality of employees) and the legal requirements
under section 301(c) of the Foreign Assistance Act of 1961;
(3) implementing procedures to maintain the neutrality
of its facilities, including implementing a no-weapons policy,
and conducting regular inspections of its installations, to ensure
they are only used for humanitarian or other appropriate purposes;
(4) taking necessary and appropriate measures to ensure
it is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it
has taken to ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools
and summer camps is consistent with the values of human
rights, dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is taking steps to improve the financial transparency of
the organization; and
(7) in compliance with the United Nations Board of Auditors’ biennial audit requirements and is implementing in a
timely fashion the Board’s recommendations.
(e) PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS.—
None of the funds appropriated or made available pursuant to
titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out chapter
1 of part I of the Foreign Assistance Act of 1961, the costs for
participation of another country’s delegation at international conferences held under the auspices of multilateral or international
organizations.
(f) CAPITAL PROJECTS.—None of the funds made available by
this Act may be used for the design, renovation, or construction
of the United Nations Headquarters in New York: Provided, That
any operating plan submitted pursuant to this Act for funds made
available under the heading ‘‘Contributions to International
Organizations’’ shall include information on capital projects, as
described under such heading in House Report 115–253.
(g) REPORT.—Not later than 45 days after enactment of this
Act, the Secretary of State shall submit a report to the Committees
on Appropriations detailing the amount of funds available for obligation or expenditure in fiscal year 2018 for contributions to any
organization, department, agency, or program within the United
Nations system or any international program that are withheld
from obligation or expenditure due to any provision of law: Provided,
That the Secretary of State shall update such report each time
additional funds are withheld by operation of any provision of
law: Provided further, That the reprogramming of any withheld
funds identified in such report, including updates thereof, shall

H. R. 1625—590
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(h) SEXUAL EXPLOITATION AND ABUSE IN PEACEKEEPING OPERATIONS.—
(1) IN GENERAL.—Funds appropriated by this Act shall
be made available to implement section 301 of the Department
of State Authorities Act, Fiscal Year 2017 (Public Law 114–
323).
(2) WITHHOLDING OF FUNDS.—The Secretary of State should
withhold assistance to any unit of the security forces of a
foreign country if the Secretary has credible information that
such unit has engaged in sexual exploitation or abuse, including
while serving in a United Nations peacekeeping operation, until
the Secretary determines that the government of such country
is taking effective steps to bring the responsible members of
such unit to justice and to prevent future incidents: Provided,
That the Secretary shall promptly notify the government of
each country subject to any withholding of assistance pursuant
to this paragraph, and shall notify the appropriate congressional committees of such withholding not later than 10 days
after a determination to withhold such assistance is made:
Provided further, That the Secretary shall, to the maximum
extent practicable, assist such government in bringing the
responsible members of such unit to justice.
(3) TRANSFER OF FUNDS.—Of the funds appropriated by
this Act under the heading ‘‘Economic Support Fund’’, not less
than $1,000,000 shall be transferred to, and merged with, funds
appropriated under the heading ‘‘International Organizations
and Programs’’ for the United Nations Office of the Special
Coordinator on Improving the UN Response to Sexual Exploitation and Abuse: Provided, That such transfer authority shall
be exercised not later than 60 days after enactment of this
Act.
(i) ADDITIONAL AVAILABILITY.—Funds appropriated under titles
I and V of this Act which are returned or not made available
due to the implementation of subsection (a) or the second proviso
under the heading ‘‘Contributions for International Peacekeeping
Activities’’ of such title shall remain available for obligation until
September 30, 2019.
(j) NATIONAL SECURITY INTEREST WITHHOLDING.—
(1) WITHHOLDING.—The Secretary of State shall withhold
5 percent of the funds appropriated by this Act under the
heading ‘‘Contributions to International Organizations’’ for a
specialized agency or other entity of the United Nations if
the Secretary, in consultation with the United States Ambassador to the United Nations, determines and reports to the
Committees on Appropriations that such agency or entity has
taken an official action that is against the national security
interest of the United States or an ally of the United States,
including Israel.
(2) RELEASE OF FUNDS.—The Secretary of State, in consultation with the United States Ambassador to the United
Nations, may release funds withheld pursuant to paragraph
(1) if the Secretary determines and reports to the Committees
on Appropriations that such agency or entity is taking steps
to address the action that resulted in the withholding of such
funds.

H. R. 1625—591
(3) REPROGRAMMING.—Should the Secretary of State be
unable to make a determination pursuant to paragraph (2)
regarding the release of withheld funds, such funds may be
reprogrammed for other purposes under the heading ‘‘Contributions to International Organizations’’.
(4) WAIVER.—The Secretary of State, following consultation
with the Committees on Appropriations, may waive the requirements of this subsection if the Secretary determines that to
do so in the national interest.
COMMUNITY-BASED POLICE ASSISTANCE

SEC. 7049. Funds made available by titles III and IV of this
Act to carry out the provisions of chapter 1 of part I and chapters
4 and 6 of part II of the Foreign Assistance Act of 1961, may
be used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority through
training and technical assistance in human rights, the rule of
law, anti-corruption, strategic planning, and through assistance
to foster civilian police roles that support democratic governance,
including assistance for programs to prevent conflict, respond to
disasters, address gender-based violence, and foster improved police
relations with the communities they serve.
DISABILITY PROGRAMS

SEC. 7050. (a) ASSISTANCE.—Funds appropriated by this Act
under the heading ‘‘Economic Support Fund’’ shall be made available for programs and activities administered by the United States
Agency for International Development to address the needs and
protect and promote the rights of people with disabilities in developing countries, including initiatives that focus on independent
living, economic self-sufficiency, advocacy, education, employment,
transportation, sports, and integration of individuals with disabilities, including for the cost of translation.
(b) MANAGEMENT, OVERSIGHT, AND TECHNICAL SUPPORT.—Of
the funds made available pursuant to this section, 5 percent may
be used for USAID for management, oversight, and technical support.
INTERNATIONAL CONFERENCES

SEC. 7051. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees of agencies or departments of the United States
Government who are stationed in the United States, at any single
international conference occurring outside the United States, unless
the Secretary of State reports to the Committees on Appropriations
at least 5 days in advance that such attendance is important
to the national interest: Provided, That for purposes of this section
the term ‘‘international conference’’ shall mean a conference
attended by representatives of the United States Government and
of foreign governments, international organizations, or nongovernmental organizations.

H. R. 1625—592
AIRCRAFT TRANSFER, COORDINATION, AND USE

SEC. 7052. (a) TRANSFER AUTHORITY.—Notwithstanding any
other provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related programs under the headings ‘‘Diplomatic and Consular Programs’’,
‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean
Counterdrug Initiative’’, and ‘‘Andean Counterdrug Programs’’ may
be used for any other program and in any region.
(b) PROPERTY DISPOSAL.—The authority provided in subsection
(a) shall apply only after the Secretary of State determines and
reports to the Committees on Appropriations that the equipment
is no longer required to meet programmatic purposes in the designated country or region: Provided, That any such transfer shall
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c) AIRCRAFT COORDINATION.—
(1) AUTHORITY.—The uses of aircraft purchased or leased
by the Department of State and the United States Agency
for International Development with funds made available in
this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to transport,
on a reimbursable or non-reimbursable basis, Federal and nonFederal personnel supporting Department of State and USAID
programs and activities: Provided further, That official travel
for other agencies for other purposes may be supported on
a reimbursable basis, or without reimbursement when traveling
on a space available basis: Provided further, That funds received
by the Department of State in connection with the use of
aircraft owned, leased, or chartered by the Department of State
may be credited to the Working Capital Fund of the Department
and shall be available for expenses related to the purchase,
lease, maintenance, chartering, or operation of such aircraft.
(2) SCOPE.—The requirement and authorities of this subsection shall only apply to aircraft, the primary purpose of
which is the transportation of personnel.
(d) AIRCRAFT OPERATIONS AND MAINTENANCE.—To the maximum extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act shall be borne by
the recipient country.
PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN
GOVERNMENTS

SEC. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2011 (division F of Public Law 111–117) shall
apply to this Act: Provided, That the date ‘‘September 30, 2009’’
in subsection (f)(2)(B) of such section shall be deemed to be ‘‘September 30, 2017’’.
LANDMINES AND CLUSTER MUNITIONS

SEC. 7054. (a) LANDMINES.—Notwithstanding any other provision of law, demining equipment available to the United States

H. R. 1625—593
Agency for International Development and the Department of State
and used in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a grant
basis in foreign countries, subject to such terms and conditions
as the Secretary of State may prescribe.
(b) CLUSTER MUNITIONS.—No military assistance shall be furnished for cluster munitions, no defense export license for cluster
munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless—
(1) the submunitions of the cluster munitions, after arming,
do not result in more than 1 percent unexploded ordnance
across the range of intended operational environments, and
the agreement applicable to the assistance, transfer, or sale
of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly
defined military targets and will not be used where civilians
are known to be present or in areas normally inhabited by
civilians; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 7055. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the enactment
of this Act by Congress: Provided, That not to exceed $25,000
may be made available to carry out the provisions of section 316
of the International Security and Development Cooperation Act
of 1980 (Public Law 96–533; 22 U.S.C. 2151a note).
CONTINUOUS SUPERVISION AND GENERAL DIRECTION OF ECONOMIC
AND MILITARY ASSISTANCE

SEC. 7056. (a) Under the direction of the President, the Secretary of State shall be responsible for the continuous supervision
and general direction of economic assistance, law enforcement and
justice sector assistance, military assistance, and military education
and training programs, including but not limited to determining
whether there shall be a military assistance (including civic action)
or a military education and training program for a country and
the value thereof, to the end that such programs are effectively
integrated both at home and abroad and the foreign policy of
the United States is best served thereby.
(b) Consistent with section 481(b) of the Foreign Assistance
Act of 1961, the Secretary of State shall be responsible for coordinating all assistance provided by the United States Government
to support international efforts to combat illicit narcotics production
or trafficking: Provided, That the provision of assistance by the
Department of Defense which is comparable to assistance that
may be made available by this Act under the heading ‘‘International
Narcotics Control and Law Enforcement’’ shall be provided in a
manner consistent with the requirements of section 333(b) of title
10, United States Code, as added by section 1241 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114–
328).

H. R. 1625—594
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
MANAGEMENT

SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of the funds
made available in title III of this Act pursuant to or to carry
out the provisions of part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ‘‘Assistance for
Europe, Eurasia and Central Asia’’, may be used by the United
States Agency for International Development to hire and employ
individuals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309
of the Foreign Service Act of 1980 (22 U.S.C. 3948 and 3949).
(b) RESTRICTIONS.—
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in subsection
(a) shall expire on September 30, 2019.
(c) CONDITIONS.—The authority of subsection (a) should only
be used to the extent that an equivalent number of positions that
are filled by personal services contractors or other non-direct hire
employees of USAID, who are compensated with funds appropriated
to carry out part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’, are eliminated.
(d) PROGRAM ACCOUNT CHARGED.—The account charged for
the cost of an individual hired and employed under the authority
of this section shall be the account to which the responsibilities
of such individual primarily relate: Provided, That funds made
available to carry out this section may be transferred to, and
merged with, funds appropriated by this Act in title II under
the heading ‘‘Operating Expenses’’.
(e) FOREIGN SERVICE LIMITED EXTENSIONS.—Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs, pursuant to the authority
of section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949),
may be extended for a period of up to 4 years notwithstanding
the limitation set forth in such section.
(f) DISASTER SURGE CAPACITY.—Funds appropriated under title
III of this Act to carry out part I of the Foreign Assistance Act
of 1961, including funds appropriated under the heading ‘‘Assistance
for Europe, Eurasia and Central Asia’’, may be used, in addition
to funds otherwise available for such purposes, for the cost
(including the support costs) of individuals detailed to or employed
by USAID whose primary responsibility is to carry out programs
in response to natural disasters, or man-made disasters subject
to the regular notification procedures of the Committees on Appropriations.
(g) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part II,
and section 667 of the Foreign Assistance Act of 1961, and title
II of the Food for Peace Act (Public Law 83–480; 7 U.S.C. 1721
et seq.), may be used by USAID to employ up to 40 personal
services contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim support
for new or expanded overseas programs and activities managed

H. R. 1625—595
by the agency until permanent direct hire personnel are hired
and trained: Provided, That not more than 15 of such contractors
shall be assigned to any bureau or office: Provided further, That
such funds appropriated to carry out title II of the Food for Peace
Act (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be made
available only for personal services contractors assigned to the
Office of Food for Peace.
(h) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, USAID
may provide an exception to the fair opportunity process for placing
task orders under such contracts when the order is placed with
any category of small or small disadvantaged business.
(i) SENIOR FOREIGN SERVICE LIMITED APPOINTMENTS.—Individuals hired pursuant to the authority provided by section 7059(o)
of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2011 (division F of Public Law 111–
117) may be assigned to or support programs in Afghanistan or
Pakistan with funds made available in this Act and prior Acts
making appropriations for the Department of State, foreign operations, and related programs.
GLOBAL HEALTH ACTIVITIES

SEC. 7058. (a) IN GENERAL.—Funds appropriated by titles III
and IV of this Act that are made available for bilateral assistance
for child survival activities or disease programs including activities
relating to research on, and the prevention, treatment and control
of, HIV/AIDS may be made available notwithstanding any other
provision of law except for provisions under the heading ‘‘Global
Health Programs’’ and the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.), as amended: Provided, That of the funds
appropriated under title III of this Act, not less than $575,000,000
should be made available for family planning/reproductive health,
including in areas where population growth threatens biodiversity
or endangered species.
(b) GLOBAL FUND.—Of the funds appropriated by this Act that
are available for a contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), 10 percent should be withheld from obligation until the Secretary of State determines and
reports to the Committees on Appropriations that the Global Fund
is—
(1) maintaining and implementing a policy of transparency,
including the authority of the Global Fund Office of the
Inspector General (OIG) to publish OIG reports on a public
Web site;
(2) providing sufficient resources to maintain an independent OIG that—
(A) reports directly to the Board of the Global Fund;
(B) maintains a mandate to conduct thorough investigations and programmatic audits, free from undue interference; and
(C) compiles regular, publicly published audits and
investigations of financial, programmatic, and reporting
aspects of the Global Fund, its grantees, recipients, subrecipients, and Local Fund Agents;

H. R. 1625—596
(3) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices for—
(A) protection against retaliation for internal and lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to independent adjudicative bodies, including
external arbitration; and
(E) results that eliminate the effects of proven retaliation; and
(4) implementing the recommendations contained in the
Consolidated Transformation Plan approved by the Board of
the Global Fund on November 21, 2011:
Provided, That such withholding shall not be in addition to funds
that are withheld from the Global Fund in fiscal year 2018 pursuant
to the application of any other provision contained in this or any
other Act.
(c) CONTAGIOUS INFECTIOUS DISEASE OUTBREAKS.—
(1) EXTRAORDINARY MEASURES.—If the Secretary of State
determines and reports to the Committees on Appropriations
that an international infectious disease outbreak is sustained,
severe, and is spreading internationally, or that it is in the
national interest to respond to a Public Health Emergency
of International Concern, funds appropriated by this Act under
the headings ‘‘Global Health Programs’’, ‘‘Development Assistance’’, ‘‘International Disaster Assistance’’, ‘‘Complex Crises
Fund’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, ‘‘Migration and
Refugee Assistance’’, and ‘‘Millennium Challenge Corporation’’
may be made available to combat such infectious disease or
public health emergency, and may be transferred to, and
merged with, funds appropriated under such headings for the
purposes of this paragraph.
(2) CONSULTATION AND NOTIFICATION.—Funds made available by this subsection shall be subject to prior consultation
with the appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
(3) GLOBAL HEALTH SECURITY.—Not later than 180 days
after enactment of this Act, a global health security strategy
shall be submitted to the appropriate congressional committees
in the manner described under this section in the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act).
(d) REPURPOSED FUNDS.—(1) Of the unobligated balances available under the heading ‘‘Bilateral Economic Assistance’’ in title
IX of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law 113–
235)—
(A) $35,000,000 shall be made available for the Emergency
Reserve Fund established pursuant to section 7058(c)(1) of the
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–
31): Provided, That such funds may only be made available
if the USAID Administrator determines and reports to the
Committees on Appropriations that it is in the national interest

H. R. 1625—597
to respond to an emerging health threat that poses severe
threats to human health;
(B) $100,000,000 shall be for programs to accelerate the
capabilities of targeted countries to prevent, detect, and respond
to infectious disease outbreaks; and
(C) $10,000,000 shall be made available for support of
a multi-partner trust fund or other multilateral efforts to assist
communities in Haiti affected by cholera resulting from the
United Nations Stabilization Mission in Haiti: Provided, That
prior to the obligation of such funds, the Secretary of State
shall ensure that mechanisms are in place for monitoring,
oversight, and control of such funds: Provided further, That
such funds shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
(2) Funds made available pursuant to this subsection are in
addition to funds otherwise made available for such purposes.
(3) Funds made available pursuant to this subsection under
the headings ‘‘Global Health Programs’’ and ‘‘International Disaster
Assistance’’ may be transferred to, and merged with, funds made
available under such headings: Provided, That such transfer
authority is in addition to any other transfer authority provided
by law.
(4) The amounts repurposed under this subsection are designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 and shall be available only if the President subsequently so designates all such amounts and transmits
such designations to the Congress.
GENDER EQUALITY

SEC. 7059. (a) GENDER EQUALITY.—Funds appropriated by this
Act shall be made available to promote gender equality in United
States Government diplomatic and development efforts by raising
the status, increasing the participation, and protecting the rights
of women and girls worldwide.
(b) WOMEN’S LEADERSHIP.—Of the funds appropriated by title
III of this Act, not less than $50,000,000 shall be made available
to increase leadership opportunities for women in countries where
women and girls suffer discrimination due to law, policy, or practice,
by strengthening protections for women’s political status, expanding
women’s participation in political parties and elections, and
increasing women’s opportunities for leadership positions in the
public and private sectors at the local, provincial, and national
levels.
(c) GENDER-BASED VIOLENCE.—
(1)(A) Of the funds appropriated by titles III and IV of
this Act, not less than $150,000,000 shall be made available
to implement a multi-year strategy to prevent and respond
to gender-based violence in countries where it is common in
conflict and non-conflict settings.
(B) Funds appropriated by titles III and IV of this Act
that are available to train foreign police, judicial, and military
personnel, including for international peacekeeping operations,
shall address, where appropriate, prevention and response to
gender-based violence and trafficking in persons, and shall

H. R. 1625—598
promote the integration of women into the police and other
security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of genderbased violence, including child marriage, rape, female genital
cutting and mutilation, and domestic violence, among other
forms of gender-based violence in conflict and non-conflict settings.
(d) WOMEN, PEACE, AND SECURITY.—Funds appropriated by
this Act under the headings ‘‘Development Assistance’’, ‘‘Economic
Support Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’,
and ‘‘International Narcotics Control and Law Enforcement’’ should
be made available to support a multi-year strategy to expand,
and improve coordination of, United States Government efforts
to empower women as equal partners in conflict prevention, peace
building, transitional processes, and reconstruction efforts in countries affected by conflict or in political transition, and to ensure
the equitable provision of relief and recovery assistance to women
and girls.
(e) WOMEN AND GIRLS AT RISK FROM EXTREMISM.—
(1) ASSISTANCE.—Of the funds appropriated by this Act
under the heading ‘‘Economic Support Fund’’, not less than
$15,000,000 shall be made available to support women and
girls who are at risk from extremism and conflict, and for
activities to—
(A) empower women and girls to counter extremism;
(B) address the needs of women and girls adversely
impacted by extremism and conflict;
(C) document crimes committed by extremists against
women and girls, and support investigations and prosecutions of such crimes, as appropriate;
(D) increase the participation and influence of women
in formal and informal political processes and institutions
at the local level and within traditional governing structures;
(E) support reconciliation programs between impacted
minority, religious, and ethnic groups and the broader
community;
(F) develop and implement legal reforms and protections for women and girls at the national and local government levels; and
(G) create and sustain networks for women and girls
to collectively safeguard their rights on a regional basis.
(2) CLARIFICATION AND NOTIFICATION.—Funds made available pursuant to paragraph (1)—
(A) are in addition to amounts otherwise available
by this Act for such purposes; and
(B) shall be made available following consultation with,
and subject to the regular notification procedures of, the
Committees on Appropriations.
SECTOR ALLOCATIONS

SEC. 7060. (a) BASIC EDUCATION
(1) BASIC EDUCATION.—

AND

HIGHER EDUCATION.—

H. R. 1625—599
(A) Of the funds appropriated under title III of this
Act, not less than $800,000,000 shall be made available
for assistance for basic education, and such funds may
be made available notwithstanding any other provision of
law that restricts assistance to foreign countries: Provided,
That such funds should be used to implement the objectives
of basic education programs for each Country Development
Cooperation Strategy or similar strategy regarding basic
education established by the United States Agency for
International Development: Provided further, That such
funds may also be used for secondary education activities:
Provided further, That the USAID Administrator, following
consultation with the Committees on Appropriations, may
reprogram such funds between countries.
(B) Not later than 30 days after enactment of this
Act, the USAID Administrator shall report to the Committees on Appropriations on the status of cumulative unobligated balances and obligated, but unexpended, balances
in each country where USAID provides basic education
assistance and such report shall also include details on
the types of contracts and grants provided and the goals
and objectives of such assistance: Provided, That the
USAID Administrator shall update such report on a quarterly basis until September 30, 2019: Provided further,
That if the USAID Administrator determines that any
unobligated balances of funds specifically designated for
assistance for basic education in prior Acts making appropriations for the Department of State, foreign operations,
and related programs are in excess of the absorptive
capacity of recipient countries, such funds may be made
available for other programs authorized under chapter 1
of part I of the Foreign Assistance Act of 1961, notwithstanding such funding designation: Provided further, That
the authority of the previous proviso shall be subject to
prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
(C) Of the funds appropriated under title III of this
Act for assistance for basic education programs, not less
than $87,500,000 shall be made available for a contribution
to multilateral partnerships that support education.
(2) HIGHER EDUCATION.—Of the funds appropriated by title
III of this Act, not less than $235,000,000 shall be made available for assistance for higher education: Provided, That such
funds may be made available notwithstanding any other provision of law that restricts assistance to foreign countries, and
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of such
amount, not less than $35,000,000 shall be made available
for human and institutional capacity building partnerships
between higher education institutions in the United States
and developing countries, of which not less than $15,000,000
shall be for new partnerships which should be competed and
awarded not later than one year after enactment of this Act:
Provided further, That not later than 45 days after enactment
of this Act, the USAID Administrator shall consult with the
Committees on Appropriations on the proposed uses of funds
for such partnerships.

H. R. 1625—600
(b) DEVELOPMENT PROGRAMS.—Of the funds appropriated by
this Act under the heading ‘‘Development Assistance’’, not less
than $28,000,000 shall be made available for the American Schools
and Hospitals Abroad program, and not less than $12,000,000 shall
be made available for cooperative development programs of USAID.
(c) ENVIRONMENT PROGRAMS.—
(1) AUTHORITY AND NOTIFICATION.—
(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of
part II, of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, except
for the provisions of this subsection, to support environment
programs.
(B) Funds made available pursuant to this subsection
shall be subject to the regular notification procedures of
the Committees on Appropriations.
(C) None of the funds in this Act are appropriated
or otherwise made available for a contribution, grant, or
any other payment for the Green Climate Fund.
(2) CONSERVATION PROGRAMS AND LIMITATIONS.—
(A) Of the funds appropriated under title III of this
Act, not less than $269,000,000 shall be made available
for biodiversity conservation programs.
(B) Not less than $90,664,000 of the funds appropriated
under titles III and IV of this Act shall be made available
to combat the transnational threat of wildlife poaching
and trafficking.
(C) None of the funds appropriated under title IV of
this Act may be made available for training or other assistance for any military unit or personnel that the Secretary
of State determines has been credibly alleged to have
participated in wildlife poaching or trafficking, unless the
Secretary reports to the appropriate congressional committees that to do so is in the national security interest of
the United States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale extractive activity into areas that were primary/intact tropical
forests as of December 30, 2013, and the Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institutions (IFI)
to vote against any financing of any such activity.
(3) LARGE DAMS.—The Secretary of the Treasury shall
instruct the United States executive director of each IFI that
it is the policy of the United States to vote in relation to
any loan, grant, strategy, or policy of such institution to support
the construction of any large dam consistent with the criteria
set forth in Senate Report 114–79, while also considering
whether the project involves important foreign policy objectives.
(4) SUSTAINABLE LANDSCAPES.—Of the funds appropriated
under title III of this Act, not less than $123,500,000 shall
be made available for sustainable landscapes programs.
(d) FOOD SECURITY AND AGRICULTURAL DEVELOPMENT.—Of the
funds appropriated by title III of this Act, not less than
$1,000,600,000 shall be made available for food security and agricultural development programs to carry out the purposes of the Global

H. R. 1625—601
Food Security Act of 2016 (Public Law 114–195), of which not
less than $315,960,000 shall be made available for the Bureau
for Food Security, USAID, including not less than $55,000,000
for the Feed the Future Innovation Labs: Provided, That funds
may be made available for a contribution as authorized by section
3202 of the Food, Conservation, and Energy Act of 2008 (Public
Law 110–246), as amended by section 3206 of the Agricultural
Act of 2014 (Public Law 113–79).
(e) MICROENTERPRISE AND MICROFINANCE.—Of the funds appropriated by this Act, not less than $265,000,000 shall be made
available for microenterprise and microfinance development programs for the poor, especially women.
(f) PROGRAMS TO COMBAT TRAFFICKING IN PERSONS.—Of the
funds appropriated by this Act under the headings ‘‘Development
Assistance’’, ‘‘Economic Support Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, and ‘‘International Narcotics Control and
Law Enforcement’’, not less than $65,000,000 shall be made available for activities to combat trafficking in persons internationally,
of which not less than $40,000,000 shall be from funds made available under the heading ‘‘International Narcotics Control and Law
Enforcement’’: Provided, That funds appropriated by this Act that
are made available for programs to end modern slavery shall be
in addition to funds made available by this subsection to combat
trafficking in persons.
(g) RECONCILIATION PROGRAMS.—Of the funds appropriated by
this Act under the headings ‘‘Economic Support Fund’’ and
‘‘Development Assistance’’, not less than $30,000,000 shall be made
available to support people-to-people reconciliation programs which
bring together individuals of different ethnic, religious, and political
backgrounds from areas of civil strife and war: Provided, That
the USAID Administrator shall consult with the Committees on
Appropriations, prior to the initial obligation of funds, on the uses
of such funds, and such funds shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided further, That to the maximum extent practicable, such funds
shall be matched by sources other than the United States Government: Provided further, That such funds shall be administered
by the Office of Conflict Management and Mitigation, USAID.
(h) WATER AND SANITATION.—Of the funds appropriated by
this Act, not less than $400,000,000 shall be made available for
water supply and sanitation projects pursuant to the Senator Paul
Simon Water for the Poor Act of 2005 (Public Law 109–121), of
which not less than $145,000,000 shall be for programs in subSaharan Africa, and of which not less than $15,000,000 shall be
made available to support initiatives by local communities in developing countries to build and maintain safe latrines.
OVERSEAS PRIVATE INVESTMENT CORPORATION

SEC. 7061. (a) TRANSFER OF FUNDS.—Whenever the President
determines that it is in furtherance of the purposes of the Foreign
Assistance Act of 1961, up to a total of $20,000,000 of the funds
appropriated under title III of this Act may be transferred to,
and merged with, funds appropriated by this Act for the Overseas
Private Investment Corporation Program Account, to be subject
to the terms and conditions of that account: Provided, That such
funds shall not be available for administrative expenses of the

H. R. 1625—602
Overseas Private Investment Corporation: Provided further, That
designated funding levels in this Act shall not be transferred pursuant to this section: Provided further, That the exercise of such
authority shall be subject to the regular notification procedures
of the Committees on Appropriations.
(b) AUTHORITY.—Notwithstanding section 235(a)(2) of the Foreign Assistance Act of 1961, the authority of subsections (a) through
(c) of section 234 of such Act shall remain in effect until September
30, 2018.
ARMS TRADE TREATY

SEC. 7062. None of the funds appropriated by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
INSPECTORS GENERAL

SEC. 7063. (a) PROHIBITION ON USE OF FUNDS.—None of the
funds appropriated by this Act may 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
of the United States Government over which such Inspector General
has responsibilities under the Inspector General Act of 1978 (5
U.S.C. App.), or to prevent or impede the access of such Inspector
General to such records, documents, or other materials, under any
provision of law, except a provision of law that expressly refers
to such Inspector General and expressly limits the right of access
of such Inspector General.
(b) TIMELY ACCESS.—A department or agency of the United
States Government covered by this section shall provide its
Inspector General access to all records, documents, and other materials in a timely manner.
(c) COMPLIANCE.—Each Inspector General covered by this section shall ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or agency
over which that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.).
(d) REPORT.—Each Inspector General covered by this section
shall report to the Committees on Appropriations within 5 calendar
days of any failure by any department or agency of the United
States Government to provide its Inspector General access to all
requested records, documents, and other materials.
REPORTING REQUIREMENTS CONCERNING INDIVIDUALS DETAINED AT
´ NAMO BAY, CUBA
NAVAL STATION, GUANTA

SEC. 7064. Not later than 5 days after the conclusion of an
agreement with a country, including a state with a compact of
free association with the United States, to receive by transfer or
release individuals detained at United States Naval Station,
Guanta´namo Bay, Cuba, the Secretary of State shall notify the
Committees on Appropriations in writing of the terms of the agreement, including whether funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs will be made available for assistance for such country pursuant to such agreement.

H. R. 1625—603
MULTI-YEAR PLEDGES

SEC. 7065. None of the funds appropriated by this Act may
be used to make any pledge for future year funding for any multilateral or bilateral program funded in titles III through VI of this
Act unless such pledge was—
(1) previously justified, including the projected future year
costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs
or previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the Committees
on Appropriations and such consultation was conducted at least
7 days in advance of the pledge.
PROHIBITION ON USE OF TORTURE

SEC. 7066. None of the funds made available in this Act may
be used to support or justify the use of torture, cruel, or inhumane
treatment by any official or contract employee of the United States
Government.
EXTRADITION

SEC. 7067. (a) LIMITATION.—None of the funds appropriated
in this Act may be used to provide assistance (other than funds
provided under the headings ‘‘International Disaster Assistance’’,
‘‘Complex Crises Fund’’, ‘‘International Narcotics Control and Law
Enforcement’’, ‘‘Migration and Refugee Assistance’’, ‘‘United States
Emergency Refugee and Migration Assistance Fund’’, and ‘‘Nonproliferation, Anti-terrorism, Demining and Related Assistance’’)
for the central government of a country which has notified the
Department of State of its refusal to extradite to the United States
any individual indicted for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole
or for killing a law enforcement officer, as specified in a United
States extradition request.
(b) CLARIFICATION.—Subsection (a) shall only apply to the central government of a country with which the United States maintains diplomatic relations and with which the United States has
an extradition treaty and the government of that country is in
violation of the terms and conditions of the treaty.
(c) WAIVER.—The Secretary of State may waive the restriction
in subsection (a) on a case-by-case basis if the Secretary certifies
to the Committees on Appropriations that such waiver is important
to the national interest of the United States.
COMMERCIAL LEASING OF DEFENSE ARTICLES

SEC. 7068. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the Committees
on Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt,
and the North Atlantic Treaty Organization (NATO), and major
non-NATO allies for the procurement by leasing (including leasing

H. R. 1625—604
with an option to purchase) of defense articles from United States
commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having possible
civilian application), if the President determines that there are
compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than
by government-to-government sale under such Act.
JOINT STRATEGIC PLAN, BUDGET, AND TRANSITIONS

SEC. 7069. (a) JOINT STRATEGIC PLAN AND BUDGET.—Not later
than 180 days after enactment of this Act, the Secretary of State
and the Administrator of the United States Agency for International
Development shall jointly submit to the Committees on Appropriations a five year budget estimate that details by each fiscal year
the funds necessary to implement, by agency, each of the four
goals identified in the ‘‘Joint Strategic Plan for the Department
of State and the United States Agency for International Development, FY 2018–2022’’ (Joint Strategic Plan), required by section
306 of title 5, United States Code, and published on February
12, 2018: Provided, That the Secretary and the Administrator shall
inform the appropriate congressional committees not later than
September 30, 2018 of any changes to the Joint Strategic Plan.
(b) STRATEGIC TRANSITIONS.—
(1) The USAID Administrator shall regularly consult with
the appropriate congressional committees and development
stakeholders on efforts to transition nations from assistance
recipients to enduring diplomatic, economic, and security partners: Provided, That such consultations shall include the
guiding principles and metrics being developed to support such
efforts, and any other matters related to the implementation
plan required in paragraph (2).
(2) Not later than 180 days after enactment of this Act,
the USAID Administrator shall submit to the appropriate
congressional committees an implementation plan on country
transitions from assistance that includes—
(A) the conditions and related benchmarks under which
countries may transition from assistance provided by this
Act and subsequent Acts making appropriations for the
Department of State, foreign operations, and related programs;
(B) the actions required by USAID to facilitate or support country efforts toward such transition, including consultation with civil society, other donors, multilateral
organizations, and implementing partners;
(C) a description of the costs and number of personnel
associated with strategic transitions, including investments
to increase public and private domestic resource mobilization; and
(D) the plans to ensure post-transition development
progress.
COUNTERING RUSSIAN INFLUENCE AND AGGRESSION

SEC. 7070. (a) LIMITATION.—None of the funds appropriated
by this Act may be made available for assistance for the central
Government of the Russian Federation.
(b) ANNEXATION OF CRIMEA.—

H. R. 1625—605
(1) None of the funds appropriated by this Act may be
made available for assistance for the central government of
a country that the Secretary of State determines and reports
to the Committees on Appropriations has taken affirmative
steps intended to support or be supportive of the Russian
Federation annexation of Crimea or other territory in Ukraine:
Provided, That except as otherwise provided in subsection (a),
the Secretary may waive the restriction on assistance required
by this paragraph if the Secretary determines and reports
to such Committees that to do so is in the national interest
of the United States, and includes a justification for such
interest.
(2) None of the funds appropriated by this Act may be
made available for—
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea or other territory in Ukraine under the control of Russian-backed separatists, if such activity includes the participation of Russian
Government officials, or other Russian owned or controlled
financial entities; or
(C) assistance for Crimea or other territory in Ukraine
under the control of Russian-backed separatists, if such
assistance includes the participation of Russian Government officials, or other Russian owned or controlled financial entities.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial institution to vote against any assistance by such institution (including
any loan, credit, or guarantee) for any program that violates
the sovereignty or territorial integrity of Ukraine.
(4) The requirements and limitations of this subsection
shall cease to be in effect if the Secretary of State determines
and reports to the Committees on Appropriations that the
Government of Ukraine has reestablished sovereignty over
Crimea and other territory in Ukraine under the control of
Russian-backed separatists.
(c) OCCUPATION OF THE GEORGIAN TERRITORIES OF ABKHAZIA
AND TSKHINVALI REGION/SOUTH OSSETIA.—
(1) None of the funds appropriated by this Act may be
made available for assistance for the central government of
a country that the Secretary of State determines and reports
to the Committees on Appropriations has recognized the
independence of, or has established diplomatic relations with,
the Russian occupied Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia: Provided, That the Secretary
shall publish on the Department of State Web site a list of
any such central governments in a timely manner: Provided
further, That the Secretary may waive the restriction on assistance required by this paragraph if the Secretary determines
and reports to the Committees on Appropriations that to do
so is in the national interest of the United States, and includes
a justification for such interest.

H. R. 1625—606
(2) None of the funds appropriated by this Act may be
made available to support the Russian occupation of the Georgian territories of Abkhazia and Tskhinvali Region/South
Ossetia.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial institution to vote against any assistance by such institution (including
any loan, credit, or guarantee) for any program that violates
the sovereignty and territorial integrity of Georgia.
(d) ASSISTANCE TO COUNTER INFLUENCE AND AGGRESSION.—
(1) Of the funds appropriated by this Act under the
headings ‘‘Assistance for Europe, Eurasia and Central Asia’’,
‘‘International Narcotics Control and Law Enforcement’’, ‘‘International Military Education and Training’’, and ‘‘Foreign Military Financing Program’’, not less than $250,000,000 shall be
made available to carry out the purposes of the Countering
Russian Influence Fund, as authorized by section 254 of the
Countering Russian Influence in Europe and Eurasia Act of
2017 (Public Law 115–44; 22 U.S.C. 9543), and programs to
enhance the capacity of law enforcement and security forces
in countries in Europe and Eurasia and strengthen security
cooperation between such countries and the United States and
the North Atlantic Treaty Organization, as appropriate.
(2) Funds appropriated by this Act and made available
for assistance for the Eastern Partnership countries shall be
made available to advance the implementation of Association
Agreements and trade agreements with the European Union,
and to reduce their vulnerability to external economic and
political pressure from the Russian Federation.
(e) DEMOCRACY PROGRAMS.—Funds appropriated by this Act
shall be made available to support democracy programs in the
Russian Federation, including to promote Internet freedom, and
shall also be made available to support the democracy and rule
of law strategy required by section 7071(d) of the Department
of State, Foreign Operations, and Related Programs Appropriations
Act, 2014 (division K of Public Law 113–76).
INTERNATIONAL MONETARY FUND

SEC. 7071. (a) EXTENSIONS.—The terms and conditions of sections 7086(b) (1) and (2) and 7090(a) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111–117) shall apply to this Act.
(b) REPAYMENT.—The Secretary of the Treasury shall instruct
the United States Executive Director of the International Monetary
Fund (IMF) to seek to ensure that any loan will be repaid to
the IMF before other private creditors.
SPECIAL DEFENSE ACQUISITION FUND

SEC. 7072. Not to exceed $900,000,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act for the
purposes of the Special Defense Acquisition Fund (the Fund), to
remain available for obligation until September 30, 2020: Provided,
That the provision of defense articles and defense services to foreign
countries or international organizations from the Fund shall be
subject to the concurrence of the Secretary of State.

H. R. 1625—607
STABILITY AND DEVELOPMENT IN REGIONS IMPACTED BY EXTREMISM
AND CONFLICT

SEC. 7073. (a) COUNTERING FOREIGN FIGHTERS AND EXTREMIST
ORGANIZATIONS.—Funds appropriated under titles III and IV of
this Act shall be made available for programs and activities to
counter and defeat violent extremism and foreign fighters abroad,
consistent with the strategy required by section 7073(a)(1) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115–31): Provided, That the Secretary of State shall ensure such programs
are coordinated with and complement the efforts of other United
States Government agencies and international partners, and that
information gained through the conduct of such programs is shared
in a timely manner with relevant departments and agencies of
the United States Government, other international partners, and
the appropriate congressional committees, as appropriate.
(b) COUNTRIES IMPACTED BY SIGNIFICANT REFUGEE POPULATIONS OR INTERNALLY DISPLACED PERSONS.—
(1) USES OF FUNDS.—Funds appropriated by this Act under
the headings ‘‘Development Assistance’’ and ‘‘Economic Support
Fund’’ shall be made available for programs in countries
affected by significant populations of internally displaced persons or refugees to—
(A) expand and improve host government social services and basic infrastructure to accommodate the needs
of such populations and persons;
(B) alleviate the social and economic strains placed
on host communities, including through programs to promote livelihoods, vocational training, and formal and
informal education;
(C) improve coordination of such assistance in a more
effective and sustainable manner; and
(D) leverage increased assistance from donors other
than the United States Government for central governments and local communities in such countries:
Provided, That the Secretary of State shall periodically inform
the appropriate congressional committees of the amounts and
specific uses of funds made available for the purposes of this
subsection.
(2) CONCESSIONAL FINANCE FACILITY.—Funds appropriated
under title III of this Act under the heading ‘‘Economic Support
Fund’’ may be made available for the Concessional Finance
Facility of the World Bank to provide financing to support
refugees and host communities: Provided, That such funds shall
be in addition to funds made available for bilateral assistance
in the report required by section 653(a) of the Foreign Assistance Act of 1961, and may only be made available subject
to prior consultation with the Committees on Appropriations.
(c) FRAGILE STATES AND EXTREMISM.—Funds appropriated by
this Act shall be made available for the purposes of section 7080
of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–
31), subject to the regular notification procedures of the Committees
on Appropriations.

H. R. 1625—608
ENTERPRISE FUNDS

SEC. 7074. (a) NOTIFICATION.—None of the funds made available
under titles III through VI of this Act may be made available
for Enterprise Funds unless the appropriate congressional committees are notified at least 15 days in advance.
(b) DISTRIBUTION OF ASSETS PLAN.—Prior to the distribution
of any assets resulting from any liquidation, dissolution, or winding
up of an Enterprise Fund, in whole or in part, the President
shall submit to the appropriate congressional committees a plan
for the distribution of the assets of the Enterprise Fund.
(c) TRANSITION OR OPERATING PLAN.—Prior to a transition to
and operation of any private equity fund or other parallel investment fund under an existing Enterprise Fund, the President shall
submit such transition or operating plan to the appropriate congressional committees.
USE OF FUNDS IN CONTRAVENTION OF THIS ACT

SEC. 7075. If the President makes a determination not to
comply with any provision of this Act on constitutional grounds,
the head of the relevant Federal agency shall notify the Committees
on Appropriations in writing within 5 days of such determination,
the basis for such determination and any resulting changes to
program and policy.
BUDGET DOCUMENTS

SEC. 7076. (a) OPERATING AND REORGANIZATION PLANS.—Not
later than 45 days after the date of enactment of this Act, each
department, agency, or organization funded in titles I, II, and
VI of this Act, and the Department of the Treasury and Independent
Agencies funded in title III of this Act, including the Inter-American
Foundation and the United States African Development Foundation,
shall submit to the Committees on Appropriations an operating
plan for funds appropriated to such department, agency, or
organization in such titles of this Act, or funds otherwise available
for obligation in fiscal year 2018, that provides details of the uses
of such funds at the program, project, and activity level: Provided,
That such plans shall include, as applicable, a comparison between
the congressional budget justification funding levels, the most recent
congressional directives or approved funding levels, and the funding
levels proposed by the department or agency; and a clear, concise,
and informative description/justification: Provided further, That if
such department, agency, or organization receives an additional
amount under the same heading in title VIII of this Act, operating
plans required by this subsection shall include consolidated information on all such funds: Provided further, That operating plans
that include changes in levels of funding for programs, projects,
and activities specified in the congressional budget justification,
in this Act, or amounts specifically designated in the respective
tables included in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act),
as applicable, shall be subject to the notification and reprogramming
requirements of section 7015 of this Act.
(b) SPEND PLANS.—
(1) Prior to the initial obligation of funds, the Secretary
of State or Administrator of the United States Agency for

H. R. 1625—609
International Development, as appropriate, shall submit to the
Committees on Appropriations a spend plan for funds made
available by this Act, for—
(A) assistance for Afghanistan, Iraq, Lebanon, Pakistan, and the West Bank and Gaza;
(B) assistance made available pursuant to section
7070(d) of this Act to counter Russian influence and aggression, except that such plan shall be on a country-by-country
basis;
(C) Power Africa and the regional security initiatives
listed under this section in Senate Report 115–152: Provided, That the spend plan for such initiatives shall include
the amount of assistance planned for each country by
account, to the maximum extent practicable; and
(D) democracy programs, programs to support section
7073(a) of this Act, and sectors enumerated in subsections
(a), (c), (d), (e), (f), and (h) of section 7060 of this Act.
(2) Not later than 45 days after enactment of this Act,
the Secretary of the Treasury shall submit to the Committees
on Appropriations a detailed spend plan for funds made available by this Act under the heading ‘‘Department of the
Treasury, International Affairs Technical Assistance’’ in title
III.
(3) Notwithstanding paragraph (1), up to 10 percent of
the funds contained in a spend plan required by this subsection
may be obligated prior to the submission of such spend plan
if the Secretary of State or the USAID Administrator, as appropriate, determines that the obligation of such funds is necessary
to avoid significant programmatic disruption: Provided, That
not less than seven days prior to such obligation, the Secretary
or Administrator, as appropriate, shall consult with the
Committees on Appropriations on the justification for such
obligation and the proposed uses of such funds.
(c) SPENDING REPORT.—Not later than 45 days after enactment
of this Act, the USAID Administrator shall submit to the Committees on Appropriations a detailed report on spending of funds made
available during fiscal year 2017 under the heading ‘‘Development
Credit Authority’’.
(d) CLARIFICATION.—The spend plans referenced in subsection
(b) shall not be considered as meeting the notification requirements
in this Act or under section 634A of the Foreign Assistance Act
of 1961.
(e) CONGRESSIONAL BUDGET JUSTIFICATION.—
(1) The congressional budget justification for Department
of State operations and foreign operations shall be provided
to the Committees on Appropriations concurrent with the date
of submission of the President’s budget for fiscal year 2019:
Provided, That the appendices for such justification shall be
provided to the Committees on Appropriations not later than
10 calendar days thereafter.
(2) The Secretary of State and the USAID Administrator
shall include in the congressional budget justification a detailed
justification for multi-year availability for any funds requested
under the headings ‘‘Diplomatic and Consular Programs’’ and
‘‘Operating Expenses’’.

H. R. 1625—610
REPORTS AND RECORDS MANAGEMENT

SEC. 7077. (a) PUBLIC POSTING OF REPORTS.—
(1) REQUIREMENT.—Any agency receiving funds made available by this Act shall, subject to paragraphs (2) and (3), post
on the publicly available Web site of such agency any report
required by this Act to be submitted to the Committees on
Appropriations, upon a determination by the head of such
agency that to do so is in the national interest.
(2) EXCEPTIONS.—Paragraph (1) shall not apply to a report
if—
(A) the public posting of such report would compromise
national security, including the conduct of diplomacy; or
(B) the report contains proprietary, privileged, or sensitive information.
(3) TIMING AND INTENTION.—The head of the agency posting
such report shall, unless otherwise provided for in this Act,
do so only after such report has been made available to the
Committees on Appropriations for not less than 45 days: Provided, That any report required by this Act to be submitted
to the Committees on Appropriations shall include information
from the submitting agency on whether such report will be
publicly posted.
(b) REQUESTS FOR DOCUMENTS.—None of the funds appropriated or made available pursuant to titles III through VI of
this Act shall be available to a nongovernmental organization,
including any contractor, which fails to provide upon timely request
any document, file, or record necessary to the auditing requirements
of the Department of State and the United States Agency for
International Development.
(c) RECORDS MANAGEMENT.—
(1) LIMITATION.—None of the funds appropriated by this
Act under the headings ‘‘Diplomatic and Consular Programs’’
and ‘‘Capital Investment Fund’’ in title I, and ‘‘Operating
Expenses’’ and ‘‘Capital Investment Fund’’ in title II that are
made available to the Department of State and USAID may
be made available to support the use or establishment of email
accounts or email servers created outside the .gov domain or
not fitted for automated records management as part of a
Federal government records management program in contravention of the Presidential and Federal Records Act Amendments of 2014 (Public Law 113–187).
(2) DIRECTIVES.—The Secretary of State and USAID
Administrator shall—
(A) update the policies, directives, and oversight necessary to comply with Federal statutes, regulations, and
presidential executive orders and memoranda concerning
the preservation of all records made or received in the
conduct of official business, including record emails, instant
messaging, and other online tools;
(B) use funds appropriated by this Act under the
headings ‘‘Diplomatic and Consular Programs’’ and ‘‘Capital
Investment Fund’’ in title I, and ‘‘Operating Expenses’’
and ‘‘Capital Investment Fund’’ in title II, as appropriate,
to improve Federal records management pursuant to the
Federal Records Act (44 U.S.C. Chapters 21, 29, 31, and

H. R. 1625—611
33) and other applicable Federal records management statutes, regulations, or policies for the Department of State
and USAID;
(C) direct departing employees that all Federal records
generated by such employees, including senior officials,
belong to the Federal Government; and
(D) significantly improve the response time for identifying and retrieving Federal records, including requests
made pursuant to section 552 of title 5, United States
Code (commonly known as the ‘‘Freedom of Information
Act’’).
(3) REPORT.—Not later than 45 days after enactment of
this Act, the Secretary of State and USAID Administrator
shall each submit a report to the Committees on Appropriations
and to the National Archives and Records Administration
detailing, as appropriate and where applicable—
(A) any updates or modifications made to the policy
of each agency regarding the use or the establishment
of email accounts or email servers created outside the
.gov domain or not fitted for automated records management as part of a Federal government records management
program since the submission to the Committees on Appropriations of the report required by section 7077(c)(3) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public
Law 115–31);
(B) the extent to which each agency is in compliance
with applicable Federal records management statutes,
regulations, and policies, including meeting Directive goal
1.2 of the Managing Government Records Directive (M–
12–18) by December 31, 2017; and
(C) any steps taken since the submission of the report
referenced in subparagraph (A) to—
(i) comply with paragraph (1)(B) of this subsection;
(ii) ensure that all employees at every level have
been instructed in procedures and processes to ensure
that the documentation of their official duties is captured, preserved, managed, protected, and accessible
in official Government systems of the Department of
State and USAID;
(iii) implement recommendation 1 made by the
Office of Inspector General (OIG), Department of State,
in the January 2016 Evaluation of the Department
of State’s FOIA Process for Requests Involving the
Office of the Secretary (ESP-16-01);
(iv) reduce the backlog of Freedom of Information
Act (FOIA) and Congressional oversight requests, and
measurably improve the response time for answering
such requests; and
(v) strengthen cyber security measures to mitigate
vulnerabilities, including those resulting from the use
of personal email accounts or servers outside the .gov
domain, improve the process to identify and remove
inactive user accounts, update and enforce guidance
related to the control of national security information,
and implement the recommendations of the corresponding reports of the OIG as detailed under this

H. R. 1625—612
section in House Report 115–253 and contained in
other relevant reports issued by the OIG.
(4) OPERATING PLANS.—The operating plans required by
section 7076(a) of this Act for funds appropriated under the
headings listed in paragraph (1) shall include funds planned
for—
(A) implementing the recommendations of the OIG
reports referenced in clauses (iii) and (v); and
(B) measurably reducing the FOIA and Congressional
oversight requests backlog.
GLOBAL INTERNET FREEDOM

SEC. 7078. (a) FUNDING.—Of the funds available for obligation
during fiscal year 2018 under the headings ‘‘International Broadcasting Operations’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’,
and ‘‘Assistance for Europe, Eurasia and Central Asia’’, not less
than $55,500,000 shall be made available for programs to promote
Internet freedom globally: Provided, That such programs shall be
prioritized for countries whose governments restrict freedom of
expression on the Internet, and that are important to the national
interest of the United States: Provided further, That funds made
available pursuant to this section shall be matched, to the maximum
extent practicable, by sources other than the United States Government, including from the private sector.
(b) REQUIREMENTS.—
(1) Funds appropriated by this Act under the headings
‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance
for Europe, Eurasia and Central Asia’’ that are made available
pursuant to subsection (a) shall be—
(A) coordinated with other democracy programs funded
by this Act under such headings, and shall be incorporated
into country assistance and democracy promotion strategies, as appropriate;
(B) for programs to implement the May 2011, International Strategy for Cyberspace; the Department of State
International Cyberspace Policy Strategy required by section 402 of the Cybersecurity Act of 2015 (division N of
Public Law 114–113); and the comprehensive strategy to
promote Internet freedom and access to information in
Iran, as required by section 414 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the
efforts of civil society to counter the development of repressive Internet-related laws and regulations, including countering threats to Internet freedom at international
organizations; to combat violence against bloggers and
other users; and to enhance digital security training and
capacity building for democracy activists;
(D) made available for research of key threats to Internet freedom; the continued development of technologies
that provide or enhance access to the Internet, including
circumvention tools that bypass Internet blocking, filtering,
and other censorship techniques used by authoritarian
governments; and maintenance of the technological advantage of the United States Government over such censorship

H. R. 1625—613
techniques: Provided, That the Secretary of State, in consultation with the Chief Executive Officer (CEO) of the
Broadcasting Board of Governors (BBG), shall coordinate
any such research and development programs with other
relevant United States Government departments and agencies in order to share information, technologies, and best
practices, and to assess the effectiveness of such technologies; and
(E) made available only after the Assistant Secretary
for Democracy, Human Rights, and Labor, Department of
State, concurs that such funds are allocated consistent
with—
(i) the strategies referenced in subparagraph (B)
of this paragraph;
(ii) best practices regarding security for, and oversight of, Internet freedom programs; and
(iii) sufficient resources and support for the
development and maintenance of anti-censorship technology and tools.
(2) Funds appropriated by this Act under the heading
‘‘International Broadcasting Operations’’ that are made available pursuant to subsection (a) shall be—
(A) made available only for tools and techniques to
securely develop and distribute BBG digital content; facilitate audience access to such content on Web sites that
are censored; coordinate the distribution of BBG digital
content to targeted regional audiences; and to promote
and distribute such tools and techniques, including digital
security techniques;
(B) coordinated with programs funded by this Act
under the heading ‘‘International Broadcasting Operations’’, and shall be incorporated into country broadcasting
strategies, as appropriate;
(C) coordinated by the BBG CEO to provide Internet
circumvention tools and techniques for audiences in countries that are strategic priorities for the BBG and in a
manner consistent with the BBG Internet freedom strategy;
and
(D) made available for the research and development
of new tools or techniques authorized in paragraph (A)
only after the BBG CEO, in consultation with the Secretary
of State and other relevant United States Government
departments and agencies, evaluates the risks and benefits
of such new tools or techniques, and establishes safeguards
to minimize the use of such new tools or techniques for
illicit purposes.
(c) COORDINATION AND SPEND PLANS.—After consultation
among the relevant agency heads to coordinate and de-conflict
planned activities, but not later than 90 days after enactment
of this Act, the Secretary of State and the BBG CEO shall submit
to the Committees on Appropriations spend plans for funds made
available by this Act for programs to promote Internet freedom
globally, which shall include a description of safeguards established
by relevant agencies to ensure that such programs are not used
for illicit purposes: Provided, That the Department of State spend
plan shall include funding for all such programs for all relevant
Department of State and USAID offices and bureaus.

H. R. 1625—614
IMPACT ON JOBS IN THE UNITED STATES

SEC. 7079. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated
or expended to provide—
(1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing
such an enterprise to relocate outside the United States if
such incentive or inducement is likely to reduce the number
of employees of such business enterprise in the United States
because United States production is being replaced by such
enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers’ rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should
be commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States
if such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries
and adversely impacts the labor force in the United States;
or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to—
(A) the third proviso of subsection 7079(b) of the
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law
111–117);
(B) the modification proposed by the Overseas Private
Investment Corporation in November 2013 to the Corporation’s Environmental and Social Policy Statement relating
to coal; or
(C) the Supplemental Guidelines for High Carbon
Intensity Projects approved by the Export-Import Bank
of the United States on December 12, 2013,
when enforcement of such rule, regulation, policy, or guidelines
would prohibit, or have the effect of prohibiting, any coalfired or other power-generation project the purpose of which
is to: (i) provide affordable electricity in International Development Association (IDA)-eligible countries and IDA-blend countries; and (ii) increase exports of goods and services from the
United States or prevent the loss of jobs from the United
States.
UNITED STATES CITIZENS AND NATIONALS UNLAWFULLY OR
WRONGFULLY DETAINED ABROAD

SEC. 7080. (a) REVIEW.—The Special Presidential Envoy for
Hostage Affairs, in consultation with the Assistant Secretary for
Consular Affairs, Department of State, shall review the practices
of United States consular officers regarding assistance for citizens
and nationals of the United States who are detained in countries
where the Department of State’s Country Reports on Human Rights

H. R. 1625—615
Practices indicate that arbitrary arrest or the denial of due process
is common, or the judicial system is not independent or is susceptible to corruption, to—
(1) assess whether consular officers routinely seek to determine if—
(A) the detained individual has presented credible
information of factual innocence to United States officials;
(B) credible information exists that the individual is
detained solely or substantially because he or she is a
citizen or national of the United States;
(C) credible information exists that the individual is
being detained as a result of exercising his or her right
to freedom of expression, association, assembly, or religion;
(D) credible information exists that the individual has
been detained arbitrarily and denied due process or a fair
trial;
(E) independent nongovernmental organizations or
journalists have raised concerns about the innocence or
the conditions of confinement of the detained individual;
(F) the detained individual has presented credible
information that his or her detention is a pretext; and
(G) the individual is detained in inhumane conditions;
and
(2) identify what, if any, diplomatic or other actions are
taken by the Department on behalf of a detained individual
if the consular officer determines that the answer to any of
the questions specified in paragraph (1) is affirmative.
(b) RECOMMENDATIONS, GUIDANCE, AND REPORT.—Not later
than 180 days after enactment of this Act and after completion
of the review required under subsection (a), the Special Presidential
Envoy for Hostage Affairs, after consultation with the Assistant
Secretary for Consular Affairs, Department of State, shall—
(1) provide recommendations to the Secretary of State for
modifying the guidance concerning the arrest and detention
of United States citizens abroad in the Foreign Affairs Manual
and Foreign Affairs Handbook to better assist the Department
of State in identifying cases where such detention is unlawful
or wrongful and to enhance diplomatic engagements with foreign governments and other actions on behalf of such citizens
and nationals; and
(2) submit a report to the appropriate congressional
committees detailing the findings of the review required pursuant to subsection (a) and the recommendations provided pursuant to paragraph (1) of this subsection.
REORGANIZATION AND REDESIGN

SEC. 7081. (a) OVERSIGHT.—
(1) PRIOR CONSULTATION.—Funds appropriated by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs may not be
used to implement a reorganization, redesign, or other plan
described in paragraph (2) by the Department of State, the
United States Agency for International Development, or any
other Federal department, agency, or organization funded by

H. R. 1625—616
this Act without prior consultation by the head of such department, agency, or organization with the appropriate congressional committees.
(2) DESCRIPTION OF ACTIVITIES.—Pursuant to paragraph
(1), a reorganization, redesign, or other plan shall include any
action to—
(A) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus
and offices within or between such departments, agencies,
or organizations, including the transfer to other agencies
of the authorities and responsibilities of such bureaus and
offices;
(B) expand, eliminate, consolidate, or downsize the
United States official presence overseas including at
bilateral, regional, and multilateral diplomatic facilities
and other platforms; and
(C) expand or reduce the size of the Civil Service,
Foreign Service, eligible family member, and locally
employed staff workforce of the Department of State and
USAID from the on-board levels as of December 31, 2017:
Provided, That not less than 30 days after enactment of
this Act, the Secretary of State and the USAID Administrator shall submit to the appropriate congressional
committees such on-board levels.
(3) NOTIFICATION.—Funds made available by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available for the activities described in paragraph (2) shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided, That any such notification submitted
to such Committees shall include a detailed justification for
any proposed action, including the information specified under
this section in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
(4) OPERATING PLANS.—Operating plans submitted pursuant to section 7076(a) of this Act shall detail, as applicable,
amounts for the bureaus, offices, and organizations detailed
under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act).
(b) ADDITIONAL REQUIREMENTS.—
(1) PERSONNEL.—
(A) Not later than 90 days after enactment of this
Act, the Secretary of State and the USAID Administrator
shall each submit a report to the appropriate congressional
committees detailing the personnel requirements necessary
to implement the December 2017 ‘‘National Security
Strategy of the United States’’ and the February 2018
‘‘Joint Strategic Plan for the Department of State and
the United States Agency for International Development,
FY 2018–2022’’.
(B) Not later than 30 days after enactment of this
Act, the Secretary of State and the USAID Administrator
shall each submit to the appropriate congressional committees an analysis and justification for the reduction of
Department of State and USAID personnel during calendar

H. R. 1625—617
year 2017, to include an explanation of how such reductions
support the missions of each agency.
(C) Not later than 60 days after enactment of this
Act and every 60 days thereafter until September 30, 2019,
the Secretary of State, in the case of the Department
of State, and the USAID Administrator, in the case of
USAID, shall report to the appropriate congressional
committees on the on-board personnel levels, hiring, and
attrition of the Civil Service, Foreign Service, eligible
family member, and locally employed staff workforce of
the Department of State and USAID, as appropriate, on
an operating unit-by-operating unit basis.
(2) ADMINISTRATION OF FUNDS.—Funds appropriated by this
Act—
(A) under the heading ‘‘Migration and Refugee Assistance’’ shall be administered by the Assistant Secretary
for Population, Refugees, and Migration, Department of
State; and
(B) that are made available for the Office of Global
Women’s Issues shall be administered by the United States
Ambassador-at-Large for Global Women’s Issues.
(3) INFORMATION TECHNOLOGY PLATFORM.—
(A) None of the funds appropriated in title I of this
Act under the heading ‘‘Administration of Foreign Affairs’’
may be made available for a new major information technology investment without the concurrence of the Chief
Information Officer, Department of State.
(B) In complying with the requirements of this paragraph, the Chief Information Officer, Department of State,
shall consider whether a new major information technology
investment—
(i) is consistent with the Department Information
Technology Strategic Plan;
(ii) maintains consolidated control over enterprise
IT functions or improves operational maintenance;
(iii) improves Department of State resiliency to
a cyber-attack;
(iv) reduces Department of State IT costs over
the long-term; and
(v) is in accordance with the Federal Acquisition
Regulation (FAR), including FAR Part 6 regarding competition requirements.
(C) Not later than 45 days after enactment of this
Act, the Secretary of State shall submit a report to the
appropriate congressional committees detailing the conclusions and recommendations from the Information Technology (IT) Platform Planning workstream of the Department of State redesign initiative.
(4) REGIONAL DEVELOPMENT MISSION FOR ASIA.—Funds
appropriated by this Act and made available for the Regional
Development Mission for Asia, USAID, in the table included
under title II of the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act)
shall be subject to section 7019 of this Act.

H. R. 1625—618
UNITED NATIONS POPULATION FUND

SEC. 7082. (a) CONTRIBUTION.—Of the funds made available
under the heading ‘‘International Organizations and Programs’’ in
this Act for fiscal year 2018, $32,500,000 shall be made available
for the United Nations Population Fund (UNFPA).
(b) AVAILABILITY OF FUNDS.—Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred to the
‘‘Global Health Programs’’ account and shall be made available
for family planning, maternal, and reproductive health activities,
subject to the regular notification procedures of the Committees
on Appropriations.
(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the
funds made available by this Act may be used by UNFPA for
a country program in the People’s Republic of China.
(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds made available by this Act for UNFPA may not be made available unless—
(1) UNFPA maintains funds made available by this Act
in an account separate from other accounts of UNFPA and
does not commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOLLAR WITHHOLDING OF FUNDS.—
(1) Not later than 4 months after the date of enactment
of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations indicating the amount of
funds that UNFPA is budgeting for the year in which the
report is submitted for a country program in the People’s
Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People’s
Republic of China in the year covered by the report, then
the amount of such funds UNFPA plans to spend in the People’s
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
MULTILATERAL DEVELOPMENT BANK REPLENISHMENTS

SEC. 7083. (a) The Asian Development Bank Act (22 U.S.C.
285 et seq.) is amended by adding at the end the following new
section:
‘‘SEC. 36. ELEVENTH REPLENISHMENT.

‘‘(a) The United States Governor of the Bank is authorized
to contribute, on behalf of the United States, $189,580,000 to the
eleventh replenishment of the resources of the Fund, subject to
obtaining the necessary appropriations.
‘‘(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $189,580,000 for payment by the Secretary
of the Treasury.’’.
(b) The International Development Association Act (22 U.S.C.
284 et seq.) is amended by adding at the end the following new
section:

H. R. 1625—619
‘‘SEC. 30. EIGHTEENTH REPLENISHMENT.

‘‘(a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United
States $3,291,030,000 to the eighteenth replenishment of the
resources of the Association, subject to obtaining the necessary
appropriations.
‘‘(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,291,030,000 for payment by the Secretary of the Treasury.’’.
(c) The African Development Fund Act (22 U.S.C. 290g et
seq.) is amended by adding at the end the following new section:
‘‘SEC. 225. FOURTEENTH REPLENISHMENT.

‘‘(a) The United States Governor of the Fund is authorized
to contribute on behalf of the United States $513,900,000 to the
fourteenth replenishment of the resources of the Fund, subject
to obtaining the necessary appropriations.
‘‘(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $513,900,000 for payment by the Secretary
of the Treasury.’’.
RESCISSIONS
(INCLUDING RESCISSION OF FUNDS)

SEC. 7084. (a) Of the unobligated balances available to the
President under the heading ‘‘Development Assistance’’, as identified by Treasury Appropriation Fund Symbol 72 X 1021, $23,766,000
are rescinded.
(b) Of the unobligated balances available under the heading
‘‘Export and Investment Assistance, Export-Import Bank of the
United States’’ for carryover under the heading ‘‘Receipts Collected’’
in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–
235), $10,000,000 are rescinded.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON
TERRORISM
DEPARTMENT OF STATE
ADMINISTRATION

OF

FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Diplomatic and Consular Programs’’, $2,975,971,000, to remain available until September 30,
2019, of which $2,376,122,000 is for Worldwide Security Protection
and shall remain available until expended: Provided, That the
Secretary of State may transfer up to $5,000,000 of the total funds
made available under this heading to any other appropriation of

H. R. 1625—620
any department or agency of the United States, upon the concurrence of the head of such department or agency, to support operations in and assistance for Afghanistan and to carry out the
provisions of the Foreign Assistance Act of 1961: Provided further,
That any such transfer shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’,
$68,100,000, to remain available until September 30, 2019, of which
$54,900,000 shall be for the Special Inspector General for Afghanistan Reconstruction (SIGAR) for reconstruction oversight: Provided,
That printing and reproduction costs of SIGAR shall not exceed
amounts for such costs during fiscal year 2017: Provided further,
That notwithstanding any other provision of law, any employee
of SIGAR who completes at least 12 months of continuous service
after the date of enactment of this Act or who is employed on
the date on which SIGAR terminates, whichever occurs first, shall
acquire competitive status for appointment to any position in the
competitive service for which the employee possesses the required
qualifications: Provided further, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For an additional amount for ‘‘Embassy Security, Construction,
and Maintenance’’, $71,778,000, to remain available until expended,
for Worldwide Security Upgrades, acquisition, and construction as
authorized: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For an additional amount for ‘‘Contributions to International
Organizations’’, $96,240,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For an additional amount for ‘‘Contributions for International
Peacekeeping Activities’’, $967,456,000, to remain available until
September 30, 2019: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.

H. R. 1625—621
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
FUNDS APPROPRIATED

TO THE

PRESIDENT

OPERATING EXPENSES

For an additional amount for ‘‘Operating Expenses’’,
$158,067,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’,
$2,500,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED

TO THE

PRESIDENT

INTERNATIONAL DISASTER ASSISTANCE

For an additional amount for ‘‘International Disaster Assistance’’, $1,588,778,000, to remain available until expended: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
TRANSITION INITIATIVES

For an additional amount for ‘‘Transition Initiatives’’,
$62,043,000, to remain available until expended: Provided, That
such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.
COMPLEX CRISES FUND

For an additional amount for ‘‘Complex Crises Fund’’,
$20,000,000, to remain available until expended: Provided, That
such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.
ECONOMIC SUPPORT FUND

For an additional amount for ‘‘Economic Support Fund’’,
$2,152,122,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas

H. R. 1625—622
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
DEPARTMENT

OF

STATE

MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for ‘‘Migration and Refugee Assistance’’ to respond to refugee crises, including in Africa, the Near
East, South and Central Asia, and Europe and Eurasia,
$2,431,198,000, to remain available until expended, except that
such funds shall not be made available for the resettlement costs
of refugees in the United States: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
DEPARTMENT

OF

STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control
and Law Enforcement’’, $417,951,000, to remain available until
September 30, 2019: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS

For an additional amount for ‘‘Nonproliferation, Anti-terrorism,
Demining and Related Programs’’, $220,583,000, to remain available
until September 30, 2019: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
PEACEKEEPING OPERATIONS

For an additional amount for ‘‘Peacekeeping Operations’’,
$325,213,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That funds available for
obligation under this heading in this Act may be used to pay
assessed expenses of international peacekeeping activities in
Somalia, subject to the regular notification procedures of the
Committees on Appropriations.

H. R. 1625—623
FUNDS APPROPRIATED

TO THE

PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ‘‘Foreign Military Financing Program’’, $460,000,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISIONS
ADDITIONAL APPROPRIATIONS

SEC. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts appropriated
or otherwise made available in this Act for fiscal year 2018.
EXTENSION OF AUTHORITIES AND CONDITIONS

SEC. 8002. Unless otherwise provided for in this Act, the additional amounts appropriated by this title to appropriations accounts
in this Act shall be available under the authorities and conditions
applicable to such appropriations accounts.
COUNTERTERRORISM PARTNERSHIPS FUND

SEC. 8003. Funds appropriated by this Act under the heading
‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’
shall be made available for the Counterterrorism Partnerships Fund
for programs in areas liberated from, under the influence of, or
adversely affected by, the Islamic State of Iraq and Syria or other
terrorist organizations: Provided, That such areas shall include
the Kurdistan Region of Iraq: Provided further, That prior to the
obligation of funds made available pursuant to this section, the
Secretary of State shall take all practicable steps to ensure that
mechanisms are in place for monitoring, oversight, and control
of such funds: Provided further, That section 7015(j) of this Act
regarding notification of assistance diverted or destroyed shall apply
to funds made available for the Counterterrorism Partnerships
Fund: Provided further, That funds made available pursuant to
this section shall be subject to prior consultation with the appropriate congressional committees, and the regular notification procedures of the Committees on Appropriations.
TRANSFER OF FUNDS

SEC. 8004. (a) TRANSFER OF FUNDS BETWEEN ACCOUNTS.—
(1) Funds appropriated by this title in this Act under
the headings ‘‘Transition Initiatives’’, ‘‘Complex Crises Fund’’,
‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia
and Central Asia’’ may be transferred to, and merged with,
funds appropriated by this title under such headings.
(2) Funds appropriated by this title in this Act under
the headings ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, Demining and Related
Programs’’, ‘‘Peacekeeping Operations’’, and ‘‘Foreign Military

H. R. 1625—624
Financing Program’’ may be transferred to, and merged with,
funds appropriated by this title under such headings.
(b) GLOBAL SECURITY CONTINGENCY FUND.—Notwithstanding
any other provision of this section, not to exceed $7,500,000 from
funds appropriated under the headings ‘‘International Narcotics
Control and Law Enforcement’’, ‘‘Peacekeeping Operations’’, and
‘‘Foreign Military Financing Program’’ by this title in this Act
may be transferred to, and merged with, funds previously made
available under the heading ‘‘Global Security Contingency Fund’’.
(c) LIMITATION.—The transfer authority provided in subsection
(a) may only be exercised to address contingencies.
(d) NOTIFICATION.—The transfer authority provided by this section shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided, That such transfer authority is in addition to any transfer
authority otherwise available under any other provision of law,
including section 610 of the Foreign Assistance Act of 1961 which
may be exercised by the Secretary of State for the purposes of
this title.
This division may be cited as the ‘‘Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018’’.
DIVISION L—TRANSPORTATION, HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE

OF THE

SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary,
$112,813,000, of which not to exceed $3,001,000 shall be available
for the immediate Office of the Secretary; not to exceed $1,040,000
shall be available for the immediate Office of the Deputy Secretary;
not to exceed $20,555,000 shall be available for the Office of the
General Counsel; not to exceed $10,331,000 shall be available for
the Office of the Under Secretary of Transportation for Policy;
not to exceed $14,019,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,546,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $29,356,000 shall
be available for the Office of the Assistant Secretary for Administration; not to exceed $2,142,000 shall be available for the Office
of Public Affairs; not to exceed $1,760,000 shall be available for
the Office of the Executive Secretariat; not to exceed $11,318,000
shall be available for the Office of Intelligence, Security, and Emergency Response; and not to exceed $16,745,000 shall be available
for the Office of the Chief Information Officer: Provided, That
the Secretary of Transportation 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 7 percent by all such transfers: Provided further,
That notice of any change in funding greater than 7 percent shall

H. R. 1625—625
be submitted for approval to the House and Senate Committees
on Appropriations: Provided further, That not to exceed $60,000
shall be for allocation within the Department for official reception
and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision of law,
excluding fees authorized in Public Law 107–71, there may be
credited to this appropriation up to $2,500,000 in funds received
in user fees: Provided further, That none of the funds provided
in this Act shall be available for the position of Assistant Secretary
for Public Affairs.
RESEARCH AND TECHNOLOGY

For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $23,465,109, of which
$2,618,000 shall remain available until September 30, 2020, and
of which $15,000,000, to remain available until expended, is for
new competitive grants under 49 U.S.C. 5505 to a national center
for congestion research and a national center for infrastructure
research: Provided, That such amounts are in addition to amounts
previously provided for such program: Provided further, That such
amounts for additional national centers are provided notwithstanding 49 U.S.C. 5505(c)(2)(A): Provided further, That there may
be credited to this appropriation, to be available until expended,
funds received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training:
Provided further, That any reference in law, regulation, judicial
proceedings, or elsewhere to the Research and Innovative Technology Administration shall continue to be deemed to be a reference
to the Office of the Assistant Secretary for Research and Technology
of the Department of Transportation.
NATIONAL INFRASTRUCTURE INVESTMENTS

For capital investments in surface transportation infrastructure, $1,500,000,000, to remain available through September 30,
2020: Provided, That the Secretary of Transportation shall distribute funds provided under this heading as discretionary grants
to be awarded to a State, local government, transit agency, or
a collaboration among such entities on a competitive basis for
projects that will have a significant local or regional impact: Provided further, That projects eligible for funding provided under
this heading shall include, but not be limited to, highway or bridge
projects eligible under title 23, United States Code; public transportation projects eligible under chapter 53 of title 49, United States
Code; passenger and freight rail transportation projects; and port
infrastructure investments (including inland port infrastructure and
land ports of entry): Provided further, That of the amount made
available under this heading, the Secretary may use an amount
not to exceed $15,000,000 for the planning, preparation or design
of projects eligible for funding under this heading: Provided further,
That grants awarded under the previous proviso shall not be subject
to a minimum grant size: Provided further, That the Secretary
may use up to 20 percent of the funds made available under
this heading for the purpose of paying the subsidy and administrative costs of projects eligible for Federal credit assistance under
chapter 6 of title 23, United States Code, if the Secretary finds
that such use of the funds would advance the purposes of this

H. R. 1625—626
paragraph: Provided further, That in distributing funds provided
under this heading, the Secretary shall take such measures so
as to ensure an equitable geographic distribution of funds, an
appropriate balance in addressing the needs of urban and rural
areas, and the investment in a variety of transportation modes:
Provided further, That a grant funded under this heading shall
be not less than $5,000,000 and not greater than $25,000,000:
Provided further, That not more than 10 percent of the funds
made available under this heading may be awarded to projects
in a single State: Provided further, That the Federal share of
the costs for which an expenditure is made under this heading
shall be, at the option of the recipient, up to 80 percent: Provided
further, That the Secretary shall give priority to projects that
require a contribution of Federal funds in order to complete an
overall financing package: Provided further, That not less than
30 percent of the funds provided under this heading shall be for
projects located in rural areas: Provided further, That for projects
located in rural areas, the minimum grant size shall be $1,000,000
and the Secretary may increase the Federal share of costs above
80 percent: Provided further, That projects conducted using funds
provided under this heading must comply with the requirements
of subchapter IV of chapter 31 of title 40, United States Code:
Provided further, That the Secretary shall conduct a new competition to select the grants and credit assistance awarded under this
heading: Provided further, That the Secretary may retain up to
$25,000,000 of the funds provided under this heading, and may
transfer portions of those funds to the Administrators of the Federal
Highway Administration, the Federal Transit Administration, the
Federal Railroad Administration, and the Maritime Administration
to fund the award and oversight of grants and credit assistance
made under the National Infrastructure Investments program: Provided further, That none of the funds provided in the previous
proviso may be used to hire additional personnel: Provided further,
That the Secretary shall not use the Federal share as a selection
criteria in awarding projects: Provided further, That the Secretary
shall issue the Notice of Funding Opportunity under the previous
proviso no later than 60 days after enactment of this Act: Provided
further, That the Notice of Funding Opportunity shall require
application submissions 90 days after the publishing of such Notice:
Provided further, That of the applications submitted under the
previous two provisos, the Secretary shall make grants no later
than 270 days after enactment of this Act in such amounts that
the Secretary determines.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE
BUREAU

For necessary expenses for the administration of the National
Surface Transportation and Innovative Finance Bureau (the
Bureau) within the Office of the Secretary of Transportation,
$3,000,000, to remain available until expended: Provided, That
the Secretary of Transportation shall use such amount for the
necessary expenses to fulfill the responsibilities of the Bureau,
as detailed in section 9001 of the Fixing America’s Surface
Transportation (FAST) Act (Public Law 114–94) (49 U.S.C. 116):
Provided further, That the Secretary is required to receive the

H. R. 1625—627
advance approval of the House and Senate Committees on Appropriations prior to exercising the authorities of 49 U.S.C. 116(h):
Provided further, That the program be available to other Federal
agencies, States, municipalities and project sponsors seeking Federal transportation expertise in obtaining financing.
FINANCIAL MANAGEMENT CAPITAL

For necessary expenses for upgrading and enhancing the
Department of Transportation’s financial systems and reengineering business processes, $6,000,000, to remain available
through September 30, 2020.
CYBER SECURITY INITIATIVES

For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information technology infrastructure, improvement of network perimeter controls
and identity management, testing and assessment of information
technology against business, security, and other requirements,
implementation of Federal cyber security initiatives and information
infrastructure enhancements, and implementation of enhanced
security controls on network devices, $15,000,000, to remain available through September 30, 2019.
OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $9,500,000.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $14,000,000: Provided,
That of such amount, $1,500,000 shall be for necessary expenses
of the Interagency Infrastructure Permitting Improvement Center
(IIPIC): Provided further, That there may be transferred to this
appropriation, to remain available until expended, amounts transferred from other Federal agencies for expenses incurred under
this heading for IIPIC activities not related to transportation infrastructure: Provided further, That the tools and analysis developed
by the IIPIC shall be available to other Federal agencies for the
permitting and review of major infrastructure projects not related
to transportation only to the extent that other Federal agencies
provide funding to the Department as provided for under the previous proviso.
WORKING CAPITAL FUND

For necessary expenses for operating costs and capital outlays
of the Working Capital Fund, not to exceed $202,245,000, shall
be paid from appropriations made available to the Department
of Transportation: Provided, That such services shall be provided
on a competitive basis to entities within the Department of
Transportation: Provided further, That the above limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to an agency of the

H. R. 1625—628
Department shall be transferred to the Working Capital Fund without majority approval of the Working Capital Fund Steering Committee and approval of the Secretary: Provided further, That no
assessments may be levied against any program, budget activity,
subactivity or project funded by this Act unless notice of such
assessments and the basis therefor are presented to the House
and Senate Committees on Appropriations and are approved by
such Committees.
MINORITY BUSINESS RESOURCE CENTER PROGRAM

For necessary expenses of the Minority Business Resource
Center, the provision of financial education outreach activities to
eligible transportation-related small businesses, the monitoring of
existing loans in the guaranteed loan program, and the modification
of such loans of the Minority Business Resource Center, $500,301,
as authorized by 49 U.S.C. 332; Provided, That notwithstanding
that section, these funds may be for business opportunities related
to any mode of transportation.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH

For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,646,000, to remain available
until September 30, 2019: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities related
to any mode of transportation.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)

In addition to funds made available from any other source
to carry out the essential air service program under 49 U.S.C.
41731 through 41742, $155,000,000, to be derived from the Airport
and Airway Trust Fund, to remain available until expended: Provided, That in determining between or among carriers competing
to provide service to a community, the Secretary may consider
the relative subsidy requirements of the carriers: Provided further,
That basic essential air service minimum requirements shall not
include the 15-passenger capacity requirement under subsection
41732(b)(3) of title 49, United States Code: Provided further, That
none of the funds in this Act or any other Act shall be used
to enter into a new contract with a community located less than
40 miles from the nearest small hub airport before the Secretary
has negotiated with the community over a local cost share: Provided
further, That amounts authorized to be distributed for the essential
air service program under subsection 41742(b) of title 49, United
States Code, shall be made available immediately from amounts
otherwise provided to the Administrator of the Federal Aviation
Administration: Provided further, That the Administrator may
reimburse such amounts from fees credited to the account established under section 45303 of title 49, United States Code.

H. R. 1625—629
ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF
TRANSPORTATION

SEC. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the Office
of the Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the
modal administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments
or agreements have completed the normal reprogramming process
for Congressional notification.
SEC. 102. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the
Council on Credit and Finance, including the agenda for each
meeting, and require the Council on Credit and Finance to record
the decisions and actions of each meeting.
SEC. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department’s Working Capital
Fund is hereby authorized to provide partial or full payments
in advance and accept subsequent reimbursements from all Federal
agencies from available funds for transit benefit distribution services that are necessary to carry out the Federal transit pass
transportation fringe benefit program under Executive Order No.
13150 and section 3049 of Public Law 109–59: Provided, That
the Department shall maintain a reasonable operating reserve in
the Working Capital Fund, to be expended in advance to provide
uninterrupted transit benefits to Government employees: Provided
further, That such reserve will not exceed one month of benefits
payable and may be used only for the purpose of providing for
the continuation of transit benefits: Provided further, That the
Working Capital Fund will be fully reimbursed by each customer
agency from available funds for the actual cost of the transit benefit.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses of the Federal Aviation Administration,
not otherwise provided for, including operations and research activities related to commercial space transportation, administrative
expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance
of aircraft, subsidizing the cost of aeronautical charts and maps
sold to the public, the lease or purchase of passenger motor vehicles
for replacement only, in addition to amounts made available by
Public Law 112–95, $10,211,754,000, to remain available until September 30, 2019, of which $8,851,000,000 shall be derived from
the Airport and Airway Trust Fund, of which not to exceed
$7,692,786,000 shall be available for air traffic organization activities; not to exceed $1,310,000,000 shall be available for aviation
safety activities; not to exceed $22,587,000 shall be available for
commercial space transportation activities; not to exceed
$801,506,000 shall be available for finance and management activities; not to exceed $60,000,000 shall be available for NextGen
and operations planning activities; not to exceed $112,622,000 shall
be available for security and hazardous materials safety; and not

H. R. 1625—630
to exceed $212,253,000 shall be available for staff offices: Provided,
That not to exceed 5 percent of any budget activity, except for
aviation safety budget activity, may be transferred to any budget
activity under this heading: Provided further, That no transfer
may increase or decrease any appropriation by more than 5 percent:
Provided further, That any transfer in excess of 5 percent shall
be treated as a reprogramming of funds under section 405 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 not later than March 31 of each fiscal year hereafter,
the Administrator of the Federal Aviation Administration shall
transmit to Congress an annual update to the report submitted
to Congress in December 2004 pursuant to section 221 of Public
Law 108–176: Provided further, That the amount herein appropriated shall be reduced by $100,000 for each day after March
31 that such report has not been submitted to the Congress: Provided further, That not later than March 31 of each fiscal year
hereafter, the Administrator shall transmit to Congress a companion report that describes a comprehensive strategy for staffing,
hiring, and training flight standards and aircraft certification staff
in a format similar to the one utilized for the controller staffing
plan, including stated attrition estimates and numerical hiring goals
by fiscal year: Provided further, That the amount herein appropriated shall be reduced by $100,000 per day for each day after
March 31 that such report has not been submitted to Congress:
Provided further, That funds may be used to enter into a grant
agreement with a nonprofit standard-setting organization to assist
in the development of aviation safety standards: Provided further,
That none of the funds in this Act shall be available for new
applicants for the second career training program: Provided further,
That none of the funds in this Act shall be available for the
Federal Aviation Administration to finalize or implement any regulation that would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this Act:
Provided further, That there may be credited to this appropriation,
as offsetting collections, funds received from States, counties,
municipalities, foreign authorities, other public authorities, and
private sources for expenses incurred in the provision of agency
services, including receipts for the maintenance and operation of
air navigation facilities, and for issuance, renewal or modification
of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds appropriated
under this heading, not less than $165,000,000 shall be used to
fund direct operations of the current 253 air traffic control towers
in the contract tower program, including the contract tower cost
share program, and any airport that is currently qualified or that
will qualify for the program during the fiscal year: Provided further,
That not later than 30 days after enactment of this Act, the Secretary of Transportation shall transmit to Congress the final disposition of the Benefit Cost Analysis for applications for participation
in the Contract Tower Program and for reevaluation of Cost-share
Program participants pending as of January 1, 2016, as mandated
by section 119C of division K of the Consolidated Appropriations
Act, 2017 (Public Law 115–31): Provided further, That none of
the funds in this Act for aeronautical charting and cartography
are available for activities conducted by, or coordinated through,

H. R. 1625—631
the Working Capital Fund: Provided further, That none of the
funds appropriated or otherwise made available by this Act or
any other Act may be used to eliminate the Contract Weather
Observers program at any airport.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part
A of subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing
of quarters and related accommodations for officers and employees
of the Federal Aviation Administration stationed at remote localities
where such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under this
heading, including aircraft for aviation regulation and certification;
to be derived from the Airport and Airway Trust Fund,
$3,250,000,000, of which $498,000,000 shall remain available until
September 30, 2019, $2,602,000,000 shall remain available until
September 30, 2020, and $150,000,000 shall remain available until
expended: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other
public authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national
airspace systems: Provided further, That no later than March 31,
the Secretary of Transportation shall transmit to the Congress
an investment plan for the Federal Aviation Administration which
includes funding for each budget line item for fiscal years 2019
through 2023, with total funding for each year of the plan constrained to the funding targets for those years as estimated and
approved by the Office of Management and Budget.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under part
A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites
by lease or grant, $188,926,000, to be derived from the Airport
and Airway Trust Fund and to remain available until September
30, 2020: Provided, That there may be credited to this appropriation
as offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private sources, which
shall be available for expenses incurred for research, engineering,
and development.

H. R. 1625—632
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)

For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning
and programs as authorized under subchapter I of chapter 471
and subchapter I of chapter 475 of title 49, United States Code,
and under other law authorizing such obligations; for procurement,
installation, and commissioning of runway incursion prevention
devices and systems at airports of such title; for grants authorized
under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs,
including those related to airport operating certificates under section 44706 of title 49, United States Code, $3,000,000,000, to be
derived from the Airport and Airway Trust Fund and to remain
available until expended: Provided, That none of the funds under
this heading shall be available for the planning or execution of
programs the obligations for which are in excess of $3,350,000,000
in fiscal year 2018, notwithstanding section 47117(g) of title 49,
United States Code: Provided further, That none of the funds under
this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or
other airport improvements that are necessary to install bulk explosive detection systems: Provided further, That notwithstanding section 47109(a) of title 49, United States Code, the Government’s
share of allowable project costs under paragraph (2) for subgrants
or paragraph (3) of that section shall be 95 percent for a project
at other than a large or medium hub airport that is a successive
phase of a multi-phased construction project for which the project
sponsor received a grant in fiscal year 2011 for the construction
project: Provided further, That notwithstanding any other provision
of law, of funds limited under this heading, not more than
$111,863,000 shall be available for administration, not less than
$15,000,000 shall be available for the Airport Cooperative Research
Program, not less than $33,210,000 shall be available for Airport
Technology Research, and $10,000,000, to remain available until
expended, shall be available and transferred to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry out the Small Community
Air Service Development Program: Provided further, That in addition to airports eligible under section 41743 of title 49, such program
may include the participation of an airport that serves a community
or consortium that is not larger than a small hub airport, according
to FAA hub classifications effective at the time the Office of the
Secretary issues a request for proposals.
GRANTS-IN-AID FOR AIRPORTS

For an additional amount for ‘‘Grants-In-Aid for Airports’’, to
enable the Secretary of Transportation to make grants for projects
as authorized by subchapter 1 of chapter 471 and subchapter 1
of chapter 475 of title 49, United States Code, $1,000,000,000,

H. R. 1625—633
to remain available through September 30, 2020: Provided, That
amounts made available under this heading shall be derived from
the general fund, and such funds shall not be subject to apportionment formulas, special apportionment categories, or minimum
percentages under chapter 471: Provided further, That the Secretary
shall distribute funds provided under this heading as discretionary
grants to airports: Provided further, That the Secretary shall give
priority consideration to projects at (a) nonprimary airports that
are classified as Regional, Local, or Basic airports and are not
located within a Metropolitan or Micropolitan Statistical Area as
defined by the Office of Management and Budget, or (b) primary
airports that are classified as Small or Nonhub airports: Provided
further, That the Federal share payable of the costs for which
a grant is made under this heading to a nonprimary airport shall
be 100 percent: Provided further, That the amount made available
under this heading shall not be subject to any limitation on obligations for the Grants-in-Aid for Airports program set forth in any
Act: Provided further, That the Administrator of the Federal Aviation Administration may retain up to 0.5 percent of the funds
provided under this heading to fund the award and oversight by
the Administrator of grants made under this heading.
ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION

SEC. 110. None of the funds in this Act may be used to compensate in excess of 600 technical staff-years under the federally
funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2018.
SEC. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport sponsors
to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space
in airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition of funds in this section does not apply to negotiations
between the agency and airport sponsors to achieve agreement
on ‘‘below-market’’ rates for these items or to grant assurances
that require airport sponsors to provide land without cost to the
Federal Aviation Administration for air traffic control facilities.
SEC. 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy 49 U.S.C.
41742(a)(1) from fees credited under 49 U.S.C. 45303 and any
amount remaining in such account at the close of that fiscal year
may be made available to satisfy section 41742(a)(1) for the subsequent fiscal year.
SEC. 113. Amounts collected under section 40113(e) of title
49, United States Code, shall be credited to the appropriation
current at the time of collection, to be merged with and available
for the same purposes of such appropriation.
SEC. 114. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5, United
States Code, to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay.
SEC. 115. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation Administration

H. R. 1625—634
to purchase a store gift card or gift certificate through use of
a Government-issued credit card.
SEC. 116. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the Federal
Aviation Administration without the prior written approval of the
Assistant Secretary for Administration of the Department of
Transportation.
SEC. 117. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act may
be used to implement or to continue to implement any limitation
on the ability of any owner or operator of a private aircraft to
obtain, upon a request to the Administrator of the Federal Aviation
Administration, a blocking of that owner’s or operator’s aircraft
registration number from any display of the Federal Aviation
Administration’s Aircraft Situational Display to Industry data that
is made available to the public, except data made available to
a Government agency, for the noncommercial flights of that owner
or operator.
SEC. 118. None of the funds in this Act shall be available
for salaries and expenses of more than eight political and Presidential appointees in the Federal Aviation Administration.
SEC. 119. None of the funds made available under this Act
may be used to increase fees pursuant to section 44721 of title
49, United States Code, until the Federal Aviation Administration
provides to the House and Senate Committees on Appropriations
a report that justifies all fees related to aeronautical navigation
products and explains how such fees are consistent with Executive
Order 13642.
SEC. 119A. None of the funds in this Act may be used to
close a regional operations center of the Federal Aviation Administration or reduce its services unless the Administrator notifies
the House and Senate Committees on Appropriations not less than
90 full business days in advance.
SEC. 119B. None of the funds appropriated or limited by this
Act may be used to change weight restrictions or prior permission
rules at Teterboro airport in Teterboro, New Jersey.
SEC. 119C. None of the funds provided under this Act may
be used by the Administrator of the Federal Aviation Administration
to withhold from consideration and approval any application for
participation in the Contract Tower Program, or for reevaluation
of Cost-share Program participants, pending as of January 1, 2016,
as long as the Federal Aviation Administration has received an
application from the airport, and as long as the Administrator
determines such tower is eligible using the factors set forth in
the Federal Aviation Administration report, Establishment and Discontinuance Criteria for Airport Traffic Control Towers (FAA–APO–
90–7 as of August, 1990).
SEC. 119D. Notwithstanding any other provision of law, none
of the funds made available in this Act may be obligated or expended
to limit the use of an Organization Designation Authorization’s
(ODA) delegated functions documented in its procedures manual
on a type certification project unless the Administrator documents
a systemic airworthiness noncompliance performance issue as a
result of inspection or oversight that the safety of air commerce
requires a limitation with regard to a specific authorization or
where an ODA’s capability has not been previously established
in terms of a new compliance method or design feature: Provided,

H. R. 1625—635
That in such cases FAA shall work with the ODA holder if requested
to develop the capability to execute that function safely, efficiently
and effectively.
FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)

Not to exceed $439,443,925, together with advances and
reimbursements received by the Federal Highway Administration,
shall be obligated for necessary expenses for administration and
operation of the Federal Highway Administration. In addition,
$3,248,000 shall be transferred to the Appalachian Regional
Commission in accordance with section 104(a) of title 23, United
States Code.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

Funds available for the implementation or execution of Federalaid highway and highway safety construction programs authorized
under titles 23 and 49, United States Code, and the provisions
of the Fixing America’s Surface Transportation Act shall not exceed
total obligations of $44,234,212,000 for fiscal year 2018: Provided,
That the Secretary may collect and spend fees, as authorized by
title 23, United States Code, to cover the costs of services of expert
firms, including counsel, in the field of municipal and project finance
to assist in the underwriting and servicing of Federal credit
instruments and all or a portion of the costs to the Federal Government of servicing such credit instruments: Provided further, That
such fees are available until expended to pay for such costs: Provided further, That such amounts are in addition to administrative
expenses that are also available for such purpose, and are not
subject to any obligation limitation or the limitation on administrative expenses under section 608 of title 23, United States Code.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)

For the payment of obligations incurred in carrying out Federalaid highway and highway safety construction programs authorized
under title 23, United States Code, $44,973,212,000 derived from
the Highway Trust Fund (other than the Mass Transit Account),
to remain available until expended.
HIGHWAY INFRASTRUCTURE PROGRAMS

There is hereby appropriated to the Secretary of Transportation
$2,525,000,000: Provided, That the amounts made available under
this heading shall be derived from the general fund, shall be in

H. R. 1625—636
addition to any funds provided for fiscal year 2018 in this or
any other Act for ‘‘Federal-aid Highways’’ under chapter 1 of title
23, United States Code, and shall not affect the distribution or
amount of funds provided in any other Act: Provided further, That
section 1101(b) of Public Law 114–94 shall apply to funds made
available under this heading: Provided further, That of the funds
made available under this heading, $1,980,000,000 shall be set
aside for activities eligible under section 133(b)(1)(A) of title 23,
United States Code, $15,800,000 shall be set aside for activities
eligible under the Puerto Rico Highway Program as described in
section 165(b)(2)(C) of such title, $4,200,000 shall be set aside
for activities eligible under the Territorial Highway Program, as
described in section 165(c)(6) of such title, and $300,000,000 shall
be set aside for the nationally significant Federal lands and tribal
projects program under section 1123 of the Fixing America’s Surface
Transportation (FAST) Act (Public Law 114–94): Provided further,
That the funds made available under this heading for activities
eligible under section 133(b)(1)(A) of title 23, United States Code,
shall be apportioned to the States in the same ratio as the obligation
limitation for fiscal year 2018 is distributed among the States
in section 120(a)(5) of this Act: Provided further, That the funds
made available under this heading for activities eligible under
section 133(b)(1)(A) of title 23, United States Code, shall be suballocated in the manner described in section 133(d) of such title, except
that the set-aside described in section 133(h) of such title shall
not apply to funds made available under this heading: Provided
further, That the funds made available under this heading for
activities eligible under section 133(b)(1)(A) of such title shall be
administered as if apportioned under chapter 1 of such title and
shall remain available through September 30, 2021: Provided further, That, except as provided in the following proviso, the funds
made available under this heading for activities eligible under
the Puerto Rico Highway Program and activities eligible under
the Territorial Highway Program shall be administered as if allocated under sections 165(b) and 165(c), respectively, of such title
and shall remain available through September 30, 2021: Provided
further, That the funds made available under this heading for
activities eligible under the Puerto Rico Highway Program shall
not be subject to the requirements of sections 165(b)(2)(A) or
165(b)(2)(B) of such title: Provided further, That notwithstanding
section 1123(h) of the FAST Act, the funds made available under
this heading for the nationally significant Federal lands and tribal
projects program in section 1123 of such Act shall remain available
until expended: Provided further, That of the funds made available
under this heading, $225,000,000, to remain available through September 30, 2021, shall be set aside for a competitive highway
bridge program for States that have a population density of less
than 100 individuals per square mile: Provided further, That the
funds made available by the previous proviso shall be (1) used
for highway bridge replacement or rehabilitation projects on public
roads that demonstrate cost savings by bundling multiple highway
bridge projects and (2) administered as if apportioned under chapter
1 of title 23, United States Code: Provided further, That for purpose
of the previous two provisos, the Secretary shall calculate population
density figures based on the latest available data from the decennial
census conducted under section 141(a) of title 13, United States
Code.

H. R. 1625—637
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

SEC. 120. (a) For fiscal year 2018, the Secretary of Transportation shall—
(1) not distribute from the obligation limitation for Federalaid highways—
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United States
Code; and
(B) amounts authorized for the Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated balance of amounts—
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous
fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202
or 204 of title 23, United States Code); and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that—
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated
for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1)
through (11) of subsection (b) and sums authorized to be
appropriated for section 119 of title 23, United States Code,
equal to the amount referred to in subsection (b)(12) for
such fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by
the Secretary under the Fixing America’s Surface Transportation Act and title 23, United States Code, or apportioned
by the Secretary under sections 202 or 204 of that title, by
multiplying—
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for each
such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under
title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23, United States Code, that are exempt from

H. R. 1625—638
the limitation under subsection (b)(12) and the amounts apportioned under sections 202 and 204 of that title) in the proportion
that—
(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States
Code, to each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title
23, United States Code, to all States for such fiscal year.
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for—
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not lapsed
or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note;
119 Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on obligations
at the time at which the funds were initially made available
for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2018, only in an amount
equal to $639,000,000).
(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall, after August 1
of such fiscal year—
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment

H. R. 1625—639
of Public Law 112–141) and 104 of title 23, United States
Code.
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under—
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America’s Surface Transportation Act.
(2) EXCEPTION.—Obligation authority made available under
paragraph (1) shall—
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—
(1) IN GENERAL.—Not later than 30 days after the date
of distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title
23, United States Code) that—
(A) are authorized to be appropriated for such fiscal
year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to
the States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not
be available for obligation, for such fiscal year because
of the imposition of any obligation limitation for such fiscal
year.
(2) RATIO.—Funds shall be distributed under paragraph
(1) in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) AVAILABILITY.—Funds distributed to each State under
paragraph (1) shall be available for any purpose described
in section 133(b) of title 23, United States Code.
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to chapter 63 of
title 49, United States Code, may be credited to the Federal-aid
highways account for the purpose of reimbursing the Bureau for
such expenses: Provided, That such funds shall be subject to the
obligation limitation for Federal-aid highway and highway safety
construction programs.
SEC. 122. Not less than 15 days prior to waiving, under his
or her statutory authority, any Buy America requirement for Federal-aid highways projects, the Secretary of Transportation shall
make an informal public notice and comment opportunity on the
intent to issue such waiver and the reasons therefor: Provided,
That the Secretary shall provide an annual report to the House
and Senate Committees on Appropriations on any waivers granted
under the Buy America requirements.
SEC. 123. None of the funds provided in this Act to the Department of Transportation may be used to provide credit assistance
unless not less than 3 days before any application approval to

H. R. 1625—640
provide credit assistance under sections 603 and 604 of title 23,
United States Code, the Secretary of Transportation provides
notification in writing to the following committees: the House and
Senate Committees on Appropriations; the Committee on Environment and Public Works and the Committee on Banking, Housing
and Urban Affairs of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives: Provided,
That such notification shall include, but not be limited to, the
name of the project sponsor; a description of the project; whether
credit assistance will be provided as a direct loan, loan guarantee,
or line of credit; and the amount of credit assistance.
SEC. 124. None of the funds in this Act may be used to make
a grant for a project under section 117 of title 23, United States
Code, unless the Secretary, at least 60 days before making a grant
under that section, provides written notification to the House and
Senate Committees on Appropriations of the proposed grant,
including an evaluation and justification for the project and the
amount of the proposed grant award: Provided, That the written
notification required in the previous proviso shall be made no
later than 180 days after enactment of this Act.
SEC. 125. For this fiscal year, the Federal Highway Administration shall reinstate Interim Approval IA–5, relating to the provisional use of an alternative lettering style on certain highway
guide signs, as it existed before its termination, as announced
in the Federal Register on January 25, 2016 (81 Fed. Reg. 4083).
SEC. 126. (a) A State or territory, as defined in section 165
of title 23, United States Code, may use for any project eligible
under section 133(b) of title 23 or section 165 of title 23 and
located within the boundary of the State or territory any earmarked
amount, and any associated obligation limitation: Provided, That
the Department of Transportation for the State or territory for
which the earmarked amount was originally designated or directed
notifies the Secretary of Transportation of its intent to use its
authority under this section and submits a quarterly report to
the Secretary identifying the projects to which the funding would
be applied. Notwithstanding the original period of availability of
funds to be obligated under this section, such funds and associated
obligation limitation shall remain available for obligation for a
period of 3 fiscal years after the fiscal year in which the Secretary
of Transportation is notified. The Federal share of the cost of
a project carried out with funds made available under this section
shall be the same as associated with the earmark.
(b) In this section, the term ‘‘earmarked amount’’ means—
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of
the Rules of the House of Representatives identified in a prior
law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal
years prior to the current fiscal year, and administered by
the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only
for those projects or activities that have obligated less than 10

H. R. 1625—641
percent of the amount made available for obligation as of October
1 of the current fiscal year, and shall be applied to projects within
the same general geographic area within 50 miles for which the
funding was designated, except that a State or territory may apply
such authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed and for
which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each quarter
to the House and Senate Committees on Appropriations.
SEC. 127. Section 127 of title 23, United States Code, is
amended by adding at the end the following:
‘‘(u) VEHICLES IN NORTH DAKOTA.—A vehicle limited or prohibited under this section from operating on a segment of the Interstate
System in the State of North Dakota may operate on such a segment
if such vehicle—
‘‘(1) has a gross vehicle weight of 129,000 pounds or less;
‘‘(2) other than gross vehicle weight, complies with the
single axle, tandem axle, and bridge formula limits set forth
in subsection (a); and
‘‘(3) is authorized to operate on such segment under North
Dakota State law.’’.
SEC. 128. Section 1105(c)(89) of Public Law 102–240, as
amended, is amended to read as follows:
‘‘(89) I–57 Corridor Extension as follows: In Arkansas, the
corridor shall follow United States Route 67 in North Little
Rock, Arkansas, from I–40 to United States Route 412, then
continuing generally northeast to the State line, and in Missouri, the corridor shall continue generally north from the
Arkansas State line to Poplar Bluff, Missouri, and then follow
United States Route 60 to I–57.’’.
SEC. 129. Section 1012(e) of Public Law 102–240 is amended
by inserting ‘‘(1)’’ before ‘‘Notwithstanding’’ and adding at the end
the following:
‘‘(2) Upon the request of any State Department of Transportation that was authorized to enter into a tolling agreement
under section 120(c) of Public Law 100–17 (101 STAT. 159),
the Secretary is authorized to modify the agreement entered
into under Public Law 100–17, as follows. The Secretary shall
authorize the use of excess toll revenues for any other purpose
for which Federal funds may be obligated under title 23, United
States Code, provided the State—
‘‘(A) certifies annually that the tolled facility is being
adequately maintained; and
‘‘(B) agrees to comply with the audit requirements
in section 129(a)(3)(B) of title 23, United States Code.
‘‘(3) For the purposes of paragraph (2), ‘excess toll revenues’
means revenues in excess of amounts necessary for operation
and maintenance; debt service; reasonable return on investment
of any private person or entity that may be authorized by
the State to operate and maintain the facility; and any cost
necessary for improvement, including reconstruction, resurfacing, restoration, and rehabilitation.’’.
SEC. 129A. Section 127(a)(10) of title 23, United States Code,
is amended to read—
‘‘(10) With respect to Interstate Routes 89, 93, and 95
in the State of New Hampshire—

H. R. 1625—642
‘‘(A) State laws (including regulations) concerning
vehicle weight limitations that were in effect on January
1, 1987, and are applicable to State highways other than
the Interstate System, shall be applicable in lieu of the
requirements of this subsection; and
‘‘(B) effective June 30, 2016, a combination of trucktractor and dump trailer equipped with 6 axles or more
with a gross weight of up to 99,000 pounds shall be permitted if the distances between the extreme axles,
excluding the steering axle, is 28 feet or more.’’.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations
and programs pursuant to section 31110 of title 49, United States
Code, as amended by the Fixing America’s Surface Transportation
Act, $283,000,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account), together with advances
and reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until
expended: Provided, That funds available for implementation,
execution or administration of motor carrier safety operations and
programs authorized under title 49, United States Code, shall not
exceed total obligations of $283,000,000 for ‘‘Motor Carrier Safety
Operations and Programs’’ for fiscal year 2018, of which $9,073,000,
to remain available for obligation until September 30, 2020, is
for the research and technology program, and of which $34,824,000,
to remain available for obligation until September 30, 2020, is
for information management.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)

For payment of obligations incurred in carrying out sections
31102, 31103, 31104, and 31313 of title 49, United States Code,
as amended by the Fixing America’s Surface Transportation Act,
$374,800,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account) and to remain available until
expended: Provided, That funds available for the implementation
or execution of motor carrier safety programs shall not exceed
total obligations of $374,800,000 in fiscal year 2018 for ‘‘Motor
Carrier Safety Grants’’; of which $298,900,000 shall be available

H. R. 1625—643
for the motor carrier safety assistance program, $31,800,000 shall
be available for the commercial driver’s license program
implementation program, $43,100,000 shall be available for the
high priority activities program, and $1,000,000 shall be available
for the commercial motor vehicle operators grant program: Provided
further, That of the unobligated amounts provided for Commercial
Vehicle Information Systems Network Development or other Motor
Carrier Safety grants in the Transportation Equity Act for the
21st Century (Public Law 105–178), SAFETEA-LU (Public Law
109–59), or other appropriation or authorization acts prior to fiscal
year 2017, $87,000,000 in additional obligation limitation is provided for the modernization and maintenance of border facilities,
and shall remain available until September 30, 2022: Provided
further, That of the unobligated amounts provided for Commercial
Vehicle Information Systems Network Development or other Motor
Carrier Safety grants in the Transportation Equity Act for the
21st Century (Public Law 105–178), SAFETEA–LU (Public Law
109–59), or other appropriation or authorization acts prior to fiscal
year 2017, $100,000,000 in additional obligation limitation is provided for a highly automated vehicle research and development
program and shall remain available until expended, of which not
less than $60,000,000 shall be for demonstration grants, and of
which not less than $38,000,000 shall be for research activities:
Provided further, That the activities funded by the previous proviso
may be accomplished through direct expenditure, direct research
activities, grants, cooperative agreements, contracts, intra or interagency agreements, or other agreements with public organizations:
Provided further, That such amounts, payments, and obligation
limitation as may be necessary to carry out highly automated
vehicle research and development program activities may be transferred and credited to appropriate accounts of other participating
Federal agencies: Provided further, That $187,000,000 for payment
of obligations incurred in carrying out this section shall be derived
from the Highway Trust Fund (other than the Mass Transit
Account), to be available until expended.
ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION

SEC. 130. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of
Public Law 107–87 and section 6901 of Public Law 110–28.
SEC. 131. The Federal Motor Carrier Safety Administration
shall send notice of 49 CFR section 385.308 violations by certified
mail, registered mail, or another manner of delivery, which records
the receipt of the notice by the persons responsible for the violations.
SEC. 132. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any
other Act may be obligated or expended to implement, administer,
or enforce the requirements of section 31137 of title 49, United
States Code, or any regulation issued by the Secretary pursuant
to such section, with respect to the use of electronic logging devices
by operators of commercial motor vehicles, as defined in section
31132(1) of such title, transporting livestock as defined in section
602 of the Emergency Livestock Feed Assistance Act of 1988 (7
U.S.C. 1471) or insects.

H. R. 1625—644
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS AND RESEARCH

For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety authorized under
chapter 301 and part C of subtitle VI of title 49, United States
Code, $189,075,000, of which $40,000,000 shall remain available
through September 30, 2019.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, section 4011 of the FAST Act (Public Law
114–94), and chapter 303 of title 49, United States Code,
$149,000,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account) and to remain available until
expended: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total obligations for which, in fiscal year 2018, are in excess of $149,000,000,
of which $143,700,000 shall be for programs authorized under 23
U.S.C. 403 and $5,300,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code: Provided further, That within the $149,000,000 obligation limitation
for operations and research, $20,000,000 shall remain available
until September 30, 2019, and shall be in addition to the amount
of any limitation imposed on obligations for future years.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out provisions
of 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing
America’s Surface Transportation Act, to remain available until
expended, $597,629,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account): Provided, That none
of the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in fiscal
year 2018, are in excess of $597,629,000 for programs authorized
under 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the
Fixing America’s Surface Transportation Act, of which $261,200,000
shall be for ‘‘Highway Safety Programs’’ under 23 U.S.C. 402;
$280,200,000 shall be for ‘‘National Priority Safety Programs’’ under
23 U.S.C. 405; $29,900,000 shall be for ‘‘High Visibility Enforcement
Program’’ under 23 U.S.C. 404; $26,329,000 shall be for ‘‘Administrative Expenses’’ under section 4001(a)(6) of the Fixing America’s
Surface Transportation Act: Provided further, That none of these

H. R. 1625—645
funds shall be used for construction, rehabilitation, or remodeling
costs, or for office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for ‘‘National Priority Safety
Programs’’ under 23 U.S.C. 405 for ‘‘Impaired Driving Countermeasures’’ (as described in subsection (d) of that section) shall
be available for technical assistance to the States: Provided further,
That with respect to the ‘‘Transfers’’ provision under 23 U.S.C.
405(a)(8), any amounts transferred to increase the amounts made
available under section 402 shall include the obligation authority
for such amounts: Provided further, That the Administrator shall
notify the House and Senate Committees on Appropriations of any
exercise of the authority granted under the previous proviso or
under 23 U.S.C. 405(a)(8) within 5 days.
ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION

SEC. 140. An additional $130,000 shall be made available to
the National Highway Traffic Safety Administration, out of the
amount limited for section 402 of title 23, United States Code,
to pay for travel and related expenses for State management reviews
and to pay for core competency development training and related
expenses for highway safety staff.
SEC. 141. The limitations on obligations for the programs of
the National Highway Traffic Safety Administration set in this
Act shall not apply to obligations for which obligation authority
was made available in previous public laws but only to the extent
that the obligation authority has not lapsed or been used.
SEC. 142. None of the funds made available by this Act may
be used to obligate or award funds for the National Highway
Traffic Safety Administration’s National Roadside Survey.
SEC. 143. None of the funds made available by this Act may
be used to mandate global positioning system (GPS) tracking in
private passenger motor vehicles without providing full and appropriate consideration of privacy concerns under 5 U.S.C. chapter
5, subchapter II.
SEC. 144. In addition to the amounts made available under
the heading, ‘‘Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust Fund)’’
for carrying out the provisions of section 403 of title 23, United
States Code, $11,500,000, to remain available until September 30,
2019, shall be made available to the National Highway Traffic
Safety Administration from the general fund, of which not to exceed
$5,000,000 shall be available to provide funding for grants, pilot
program activities, and innovative solutions to reduce alcoholimpaired-driving fatalities and other causes of the recent increase
in highway fatalities from impaired driving in collaboration with
eligible entities under section 403 of title 23, United States Code,
and not to exceed $6,500,000 shall be available to continue a high
visibility enforcement paid-media campaign regarding highway-rail
grade crossing safety in collaboration with the Federal Railroad
Administration.

H. R. 1625—646
FEDERAL RAILROAD ADMINISTRATION
SAFETY AND OPERATIONS

For necessary expenses of the Federal Railroad Administration,
not otherwise provided for, $221,698,000, of which $15,900,000 shall
remain available until expended, and of which up to $350,000
shall be available for the Secretary of Transportation to assist
Class II and Class III railroads in preparing to apply and applying
for direct loans and loan guarantees for eligible projects pursuant
to sections 501 through 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94–210) to also remain
available until expended.
RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development,
$40,600,000, to remain available until expended.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM

For the cost of direct loans and loan guarantees pursuant
to sections 501 through 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94–210), as amended,
$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,
as amended: Provided further, That the Secretary of Transportation
is authorized to issue direct loans and loan guarantees pursuant
to sections 501 through 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94–210), as amended,
such authority shall exist as long as any such direct loan or loan
guarantee is outstanding: Provided further, That, for direct loans
and loan guarantees issued pursuant to sections 501 through 504
of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94–210), as amended, the Secretary, in consultation
with the Director of the Office of Management and Budget, not
later than 120 days after the date of enactment of this Act, shall
define each cohort as the loans provided for that fiscal year, creating
individual fiscal year cohorts for each fiscal year in which a loan
was provided from the date of enactment of Public Law 105–178
to the date of enactment of Public Law 114–94: Provided further,
That, when all obligations attached to a cohort as defined under
the previous proviso have been satisfied, the Secretary shall repay
the credit risk premiums of loans in the cohort, with interest
accrued thereon, not later than 180 days after the date of enactment
of this Act or, for a cohort with obligations that have not yet
been satisfied, not later than 60 days after the date on which
all obligations attached to the cohort have been satisfied: Provided
further, That the Secretary shall not treat the repayment of a
loan after the date of enactment of Public Law 114–94 as precluding,
limiting, or negatively affecting the satisfaction of the obligation
of its cohort for a fiscal year prior to the enactment of Public
Law 114–94.

H. R. 1625—647
FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR

For necessary expenses related to Federal-State Partnership
for State of Good Repair Grants as authorized by section 24911
of title 49, United States Code, $250,000,000, to remain available
until expended: Provided, That the Secretary may withhold up
to one percent of the amount provided under this heading for
the costs of award and project management oversight of grants
carried out under section 24911 of title 49, United States Code:
Provided further, That section 24911(e)(1) of title 49, United States
Code, is amended by striking ‘‘transportation’’ and inserting
‘‘transportation at the eligible project location’’.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS

For necessary expenses related to Consolidated Rail Infrastructure and Safety Improvements Grants, as authorized by section
24407 of title 49, United States Code, $592,547,000, to remain
available until expended, of which $250,000,000 shall be available
for eligible projects under section 24407(c)(1) of title 49, United
States Code, for the implementation of positive train control systems, and of which $35,547,000 shall be available for eligible
projects under section 24407(c)(2) of title 49, United States Code,
that contribute to the initiation or restoration of intercity passenger
rail service: Provided, That the Secretary shall not preclude projects
from consideration for funding under the previous proviso due to
a lack of agreement among the funding recipients, operator, and
host railroad regarding access to and use of the host railroad
facilities, if an agreement or order for the use of such facilities
may occur under section 24308 of title 49, United States Code:
Provided further, That section 24405(f) of title 49, United States
Code, shall not apply to projects for the implementation of positive
train control systems otherwise eligible under section 24407(c)(1)
of title 49, United States Code: Provided further, That amounts
available under this heading for projects selected for commuter
rail passenger transportation may be transferred by the Secretary,
after selection, to the appropriate agencies to be administered in
accordance with chapter 53 of title 49, United States Code: Provided
further, That the Secretary shall not limit eligible projects from
consideration for funding for planning, engineering, environmental,
construction, and design elements of the same project in the same
application: Provided further, That unobligated balances remaining
after four years from the date of enactment may be used for any
eligible project under section 24407(c) of title 49, United States
Code: Provided further, That the Secretary may withhold up to
one percent of the amount provided under this heading for the
costs of award and project management oversight of grants carried
out under section 24407 of title 49, United States Code.
RESTORATION AND ENHANCEMENT

For necessary expenses related to Restoration and Enhancement Grants, as authorized by section 24408 of title 49, United
States Code, $20,000,000, to remain available until expended: Provided, That the Secretary may withhold up to one percent of the
funds provided under this heading to fund the costs of award
and project management and oversight.

H. R. 1625—648
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD
PASSENGER CORPORATION

To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities associated with the Northeast Corridor as authorized by section 11101(a)
of the Fixing America’s Surface Transportation Act (division A
of Public Law 114–94), $650,000,000, to remain available until
expended: Provided, That the Secretary may retain up to onehalf of 1 percent of the funds provided under both this heading
and the ‘‘National Network Grants to the National Railroad Passenger Corporation’’ heading to fund the costs of project management and oversight of activities authorized by section 11101(c)
of division A of Public Law 114–94: Provided further, That in
addition to the project management oversight funds authorized
under section 11101(c) of division A of Public Law 114–94, the
Secretary may retain up to an additional $5,000,000 of the funds
provided under this heading to fund expenses associated with the
Northeast Corridor Commission established under section 24905
of title 49, United States Code: Provided further, That of the
amounts made available under this heading and the ‘‘National
Network Grants to the National Railroad Passenger Corporation’’
heading, not less than $50,000,000 shall be made available to
bring Amtrak-served facilities and stations into compliance with
the Americans with Disabilities Act.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION

To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities associated with the National Network as authorized by section 11101(b)
of the Fixing America’s Surface Transportation Act (division A
of Public Law 114–94), $1,291,600,000, to remain available until
expended: Provided, That the Secretary may retain up to an additional $2,000,000 of the funds provided under this heading to fund
expenses associated with the State-Supported Route Committee
established under section 24712 of title 49, United States Code:
Provided further, That up to $5,000,000 of the amount provided
under this heading shall be available for costs associated with
any matters Amtrak may elect to bring before the Surface Transportation Board related to passenger rail service: Provided further,
That at least $50,000,000 of the amount provided under this
heading shall be available for the development, installation and
operation of railroad safety technology, including the implementation of a positive train control system, on State-supported routes
as defined under section 24102(13) of title 49, United States Code,
on which positive train control systems are not required by law
or regulation.
ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

SEC. 150. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs
in excess of $35,000 for any individual employee: Provided, That
the President of Amtrak may waive the cap set in the previous
proviso for specific employees when the President of Amtrak determines such a cap poses a risk to the safety and operational efficiency

H. R. 1625—649
of the system: Provided further, That the President of Amtrak
shall report to the House and Senate Committees on Appropriations
each quarter within 30 days of such quarter of the calendar year
on waivers granted to employees and amounts paid above the
cap for each month within such quarter and delineate the reasons
each waiver was granted: Provided further, That the President
of Amtrak shall report to the House and Senate Committees on
Appropriations within 60 days of enactment of this Act, a summary
of all overtime payments incurred by the Corporation for 2017
and the three prior calendar years: Provided further, That such
summary shall include the total number of employees that received
waivers and the total overtime payments the Corporation paid
to those employees receiving waivers for each month for 2017 and
for the three prior calendar years.
FEDERAL TRANSIT ADMINISTRATION
ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit
Administration’s programs authorized by chapter 53 of title 49,
United States Code, $113,165,000: Provided, That none of the funds
provided or limited in this Act may be used to create a permanent
office of transit security under this heading: Provided further, That
upon submission to the Congress of the fiscal year 2019 President’s
budget, the Secretary of Transportation shall transmit to Congress
the annual report on New Starts, including proposed allocations
for fiscal year 2019.
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)

For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment
of obligations incurred in carrying out the provisions of 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337,
5339, and 5340, as amended by the Fixing America’s Surface
Transportation Act, and section 20005(b) of Public Law 112–141,
and section 3006(b) of the Fixing America’s Surface Transportation
Act, $10,300,000,000, to be derived from the Mass Transit Account
of the Highway Trust Fund and to remain available until expended:
Provided, That funds available for the implementation or execution
of programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311,
5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as
amended by the Fixing America’s Surface Transportation Act, and
section 20005(b) of Public Law 112–141, and section 3006(b) of
the Fixing America’s Surface Transportation Act, shall not exceed
total obligations of $9,733,353,407 in fiscal year 2018: Provided
further, That the Federal share of the cost of activities carried
out under section 5312 shall not exceed 80 percent, except that
if there is substantial public interest or benefit, the Secretary
may approve a greater Federal share.

H. R. 1625—650
TRANSIT INFRASTRUCTURE GRANTS

For an additional amount for buses and bus facilities grants
under section 5339 of title 49, United States Code, state of good
repair grants under section 5337 of such title, high density state
apportionments under section 5340(d) of such title, and the bus
testing facilities under sections 5312 and 5318 of such title,
$834,000,000 to remain available until expended: Provided, That
$400,000,000 shall be available for grants as authorized under
section 5339 of such title, of which $209,104,000 shall be available
for the buses and bus facilities formula grants as authorized under
section 5339(a) of such title, $161,446,000 shall be available for
the buses and bus facilities competitive grants as authorized under
section 5339(b) of such title, and $29,450,000 shall be available
for the low or no emission grants as authorized under section
5339(c) of such title: Provided further, That $400,000,000 shall
be available for the state of good repair grants as authorized under
section 5337 of such title: Provided further, That $30,000,000 shall
be available for the high density state apportionments as authorized
under section 5340(d) of such title: Provided further, That
$2,000,000 shall be available for the bus testing facility as authorized under section 5318 of such title: Provided further, That notwithstanding section 5318(a) of such title, $2,000,000 shall be available
for the operation and maintenance of bus testing facilities by institutions of higher education selected pursuant to section 5312(h) of
such title: Provided further, That the Secretary shall enter into
a contract or cooperative agreement with, or make a grant to,
each institution of higher education selected pursuant to section
5312(h) of such title, to operate and maintain a facility to conduct
the testing of low or no emission vehicle new bus models using
the standards established pursuant to section 5318(e)(2) of such
title: Provided further, That the term ‘‘low or no emission vehicle’’
has the meaning given the term in section 5312(e)(6) of such title:
Provided further, That the Secretary shall pay 80 percent of the
cost of testing a low or no emission vehicle new bus model at
each selected institution of higher education: Provided further, That
the entity having the vehicle tested shall pay 20 percent of the
cost of testing: Provided further, That a low or no emission vehicle
new bus model tested that receives a passing aggregate test score
in accordance with the standards established under section
5318(e)(2) of such title, shall be deemed to be in compliance with
the requirements of section 5318(e) of such title: Provided further,
That amounts made available by this heading shall be derived
from the general fund: Provided further, That the amounts made
available under this heading shall not be subject to any limitation
on obligations for transit programs set forth in any Act.
TECHNICAL ASSISTANCE AND TRAINING

For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000.
CAPITAL INVESTMENT GRANTS

For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States
Code, $2,644,960,000 to remain available until September 30, 2021:
Provided, That of the amounts made available under this heading,
$2,252,508,586 shall be obligated by December 31, 2019: Provided

H. R. 1625—651
further, That $5,050,000 from unobligated amounts appropriated
for the buses and bus facilities program under section 5309 of
such title from fiscal years 2000 to 2005 shall remain available
until September 30, 2021 to carry out section 5309: Provided further,
That of the amounts made available under this heading,
$1,506,910,000 shall be available for projects authorized under section 5309(d) of such title, $715,700,000 shall be available for projects
authorized under section 5309(e) of such title, $400,900,000 shall
be available for projects authorized under section 5309(h) of such
title: Provided further, That the Secretary shall continue to administer the capital investment grant program in accordance with
the procedural and substantive requirements of section 5309 of
such title.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY

For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of Public
Law 110–432, $150,000,000, to remain available until expended:
Provided, That the Secretary of Transportation shall approve grants
for capital and preventive maintenance expenditures for the Washington Metropolitan Area Transit Authority only after receiving
and reviewing a request for each specific project: Provided further,
That prior to approving such grants, the Secretary shall certify
that the Washington Metropolitan Area Transit Authority is making
progress to improve its safety management system in response
to the Federal Transit Administration’s 2015 safety management
inspection: Provided further, That the Secretary shall determine
that the Washington Metropolitan Area Transit Authority has
placed the highest priority on those investments that will improve
the safety of the system before approving such grants: Provided
further, That the Secretary, in order to ensure safety throughout
the rail system, may waive the requirements of section 601(e)(1)
of division B of Public Law 110–432.
ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

SEC. 160. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation,
or to any other authority previously made available for obligation.
SEC. 161. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2017, under any section of
chapter 53 of title 49, United States Code, that remain available
for expenditure, may be transferred to and administered under
the most recent appropriation heading for any such section.
SEC. 162. (a) Except as provided in subsection (b), none of
the funds in this or any other Act may be available to advance
in any way a new light or heavy rail project towards a full funding
grant agreement as defined by 49 U.S.C. 5309 for the Metropolitan
Transit Authority of Harris County, Texas if the proposed capital
project is constructed on or planned to be constructed on Richmond
Avenue west of South Shepherd Drive or on Post Oak Boulevard
north of Richmond Avenue in Houston, Texas.
(b) The Metropolitan Transit Authority of Harris County, Texas,
may attempt to construct or construct a new fixed guideway capital

H. R. 1625—652
project, including light rail, in the locations referred to in subsection
(a) if—
(1) voters in the jurisdiction that includes such locations
approve a ballot proposition that specifies routes on Richmond
Avenue west of South Shepherd Drive or on Post Oak Boulevard
north of Richmond Avenue in Houston, Texas; and
(2) the proposed construction of such routes is part of
a comprehensive, multi-modal, service-area wide transportation
plan that includes multiple additional segments of fixed guideway capital projects, including light rail for the jurisdiction
set forth in the ballot proposition. The ballot language shall
include reasonable cost estimates, sources of revenue to be
used and the total amount of bonded indebtedness to be
incurred as well as a description of each route and the beginning and end point of each proposed transit project.
SEC. 163. Notwithstanding any other provision of law, none
of the funds made available in this Act shall be used to enter
into a full funding grant agreement for a project with a New
Starts share greater than 51 percent.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
The Saint Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits
of funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by
section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set
forth in the Corporation’s budget for the current fiscal year.
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses to conduct the operations, maintenance,
and capital asset renewal activities of those portions of the St.
Lawrence Seaway owned, operated, and maintained by the Saint
Lawrence Seaway Development Corporation, $40,000,000, to be
derived from the Harbor Maintenance Trust Fund, pursuant to
Public Law 99–662: Provided, That of the amounts made available
under this heading, not less than $19,500,000 shall be used on
asset renewal activities and shall remain available through September 30, 2020.
MARITIME ADMINISTRATION
MARITIME SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $300,000,000, to remain available until expended.
OPERATIONS AND TRAINING

For necessary expenses of operations and training activities
authorized by law, $513,642,000, of which $22,000,000 shall remain
available until expended for maintenance and repair of training

H. R. 1625—653
ships at State Maritime Academies, and of which $300,000,000
shall remain available until expended for the National Security
Multi-Mission Vessel Program, including funds for construction,
planning, administration, and design of school ships in accordance
with section 3505 of Public Law 114–328, as applicable, with unobligated balances from previous appropriations for the National Security Multi-Mission Vessel Program also available for and merged
into this appropriation; and of which $2,400,000 shall remain available through September 30, 2019, for the Student Incentive Program
at State Maritime Academies, and of which $1,800,000 shall remain
available until expended for training ship fuel assistance payments,
and of which $52,000,000 shall remain available until expended
for facilities maintenance and repair, equipment, and capital
improvements at the United States Merchant Marine Academy,
and of which $3,000,000 shall remain available through September
30, 2019, for Maritime Environment and Technology Assistance
program authorized under section 50307 of title 46, United States
Code, and of which $7,000,000 shall remain available until expended
for the Short Sea Transportation Program (America’s Marine Highways) to make grants for the purposes authorized under sections
55601(b)(1) and (3) of title 46, United States Code: Provided, That
not later than January 12, 2019, the Administrator of the Maritime
Administration shall transmit to the House and Senate Committees
on Appropriations the annual report on sexual assault and sexual
harassment at the United States Merchant Marine Academy as
required pursuant to section 3507 of Public Law 110–417.
ASSISTANCE TO SMALL SHIPYARDS

To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, as amended by Public
Law 113–281, $20,000,000 to remain available until expended.
SHIP DISPOSAL

For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $116,000,000, to remain available until expended.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, $30,000,000, of which
$27,000,000 shall remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be
defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That not to exceed $3,000,000 shall
be for administrative expenses to carry out the guaranteed loan
program, which shall be transferred to and merged with the appropriations for ‘‘Operations and Training’’, Maritime Administration.
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

SEC. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime Administration
is authorized to furnish utilities and services and make necessary
repairs in connection with any lease, contract, or occupancy

H. R. 1625—654
involving Government property under control of the Maritime
Administration: Provided, That payments received therefor shall
be credited to the appropriation charged with the cost thereof
and shall remain available until expended: Provided further, That
rental payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall be covered
into the Treasury as miscellaneous receipts.
SEC. 171. None of the funds available or appropriated in this
Act shall be used by the United States Department of Transportation or the United States Maritime Administration to negotiate
or otherwise execute, enter into, facilitate or perform fee-for-service
contracts for vessel disposal, scrapping or recycling, unless there
is no qualified domestic ship recycler that will pay any sum of
money to purchase and scrap or recycle a vessel owned, operated
or managed by the Maritime Administration or that is part of
the National Defense Reserve Fleet: Provided, That such sales
offers must be consistent with the solicitation and provide that
the work will be performed in a timely manner at a facility qualified
within the meaning of section 3502 of Public Law 106–398: Provided
further, That nothing contained herein shall affect the Maritime
Administration’s authority to award contracts at least cost to the
Federal Government and consistent with the requirements of 54
U.S.C. 308704, section 3502, or otherwise authorized under the
Federal Acquisition Regulation.
PIPELINE

AND

HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OPERATIONAL EXPENSES

For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $23,000,000: Provided,
That the Secretary of Transportation shall issue a final rule to
expand the applicability of comprehensive oil spill response plans
within 5 days of enactment of this Act.
HAZARDOUS MATERIALS SAFETY

For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials Safety
Administration, $59,000,000, of which $7,570,000 shall remain
available until September 30, 2020: Provided, That up to $800,000
in fees collected under 49 U.S.C. 5108(g) shall be deposited in
the general fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)

For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety

H. R. 1625—655
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$162,000,000, of which $23,000,000 shall be derived from the Oil
Spill Liability Trust Fund and shall remain available until September 30, 2020; and of which $131,000,000 shall be derived from
the Pipeline Safety Fund, of which $64,736,000 shall remain available until September 30, 2020; and of which $8,000,000 shall be
derived from fees collected under 49 U.S.C. 60302 and deposited
in the Underground Natural Gas Storage Facility Safety Account
for the purpose of carrying out 49 U.S.C. 60141 and shall remain
available until September 30, 2020: Provided, That not less than
$1,058,000 of the funds provided under this heading shall be for
the One-Call State grant program.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)

Notwithstanding the fiscal year limitation specified in 49 U.S.C.
5116, not more than $28,318,000 shall be made available for obligation in fiscal year 2018 from amounts made available by 49 U.S.C.
5116(h), and 5128(b) and (c): Provided, That notwithstanding 49
U.S.C. 5116(h)(4), not more than 4 percent of the amounts made
available from this account shall be available to pay administrative
costs: Provided further, That none of the funds made available
by 49 U.S.C. 5116(h), 5128(b), or 5128(c) shall be made available
for obligation by individuals other than the Secretary of Transportation, or his or her designee.
OFFICE

OF INSPECTOR

GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of the Inspector General
to carry out the provisions of the Inspector General Act of 1978,
as amended, $92,152,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App.
3), to investigate allegations of fraud, including false statements
to the government (18 U.S.C. 1001), by any person or entity that
is subject to regulation by the Department of Transportation: Provided further, That the funds made available under this heading
may be used to investigate, pursuant to section 41712 of title
49, United States Code: (1) unfair or deceptive practices and unfair
methods of competition by domestic and foreign air carriers and
ticket agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.
GENERAL PROVISIONS—DEPARTMENT

OF

TRANSPORTATION

SEC. 180. (a) During the current fiscal year, applicable appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901–5902).

H. R. 1625—656
(b) During the current fiscal year, applicable appropriations
to the Department and its operating administrations shall be available for the purchase, maintenance, operation, and deployment
of unmanned aircraft systems that advance the Department’s, or
its operating administrations’, missions.
(c) Any unmanned aircraft system purchased or procured by
the Department prior to the enactment of this Act shall be deemed
authorized.
SEC. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the
per diem rate equivalent to the rate for an Executive Level IV.
SEC. 182. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1),
except as provided in 18 U.S.C. 2721 for a use permitted under
18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
SEC. 183. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and Presidential
appointees in the Department of Transportation: Provided, That
none of the personnel covered by this provision may be assigned
on temporary detail outside the Department of Transportation.
SEC. 184. Funds received by the Federal Highway Administration and Federal Railroad Administration from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training may be credited respectively to the
Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account
and to the Federal Railroad Administration’s ‘‘Safety and Operations’’ account, except for State rail safety inspectors participating
in training pursuant to 49 U.S.C. 20105.
SEC. 185. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant unless the Secretary
of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive any discretionary grant award,
letter of intent, loan commitment, loan guarantee commitment,
line of credit commitment, or full funding grant agreement is
announced by the Department or its modal administrations: Provided, That the Secretary gives concurrent notification to the House
and Senate Committees on Appropriations for any ‘‘quick release’’
of funds from the emergency relief program: Provided further, That
no notification shall involve funds that are not available for obligation.
(b) In addition to the notification required in subsection (a),
none of the funds made available in this Act to the Department
of Transportation may be used to make a loan, loan guarantee,
line of credit, cooperative agreement or discretionary grant unless
the Secretary of Transportation provides the House and Senate
Committees on Appropriations a comprehensive list of all such
loans, loan guarantees, lines of credit, cooperative agreement or
discretionary grants that will be announced not less the 3 full
business days before such announcement: Provided, That the

H. R. 1625—657
requirement to provide a list in this subsection does not apply
to any ‘‘quick release’’ of funds from the emergency relief program:
Provided further, That no list shall involve funds that are not
available for obligation.
SEC. 186. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be
credited to appropriations of the Department of Transportation
and allocated to elements of the Department of Transportation
using fair and equitable criteria and such funds shall be available
until expended.
SEC. 187. Amounts made available in this or any prior Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor under
a financial assistance award, which are recovered pursuant to law,
shall be available—
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments: Provided, That amounts made available in this Act
shall be available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)—
(A) shall be credited to and merged with the appropriation from which the improper payments were made, and
shall be available for the purposes and period for which
such appropriations are available: Provided further, That
where specific project or accounting information associated
with the improper payment or payments is not readily
available, the Secretary may credit an appropriate account,
which shall be available for the purposes and period associated with the account so credited; or
(B) if no such appropriation remains available, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to the transfer of any such
recovery to an appropriations account, the Secretary shall
notify the House and Senate Committees on Appropriations
of the amount and reasons for such transfer: Provided
further, That for purposes of this section, the term
‘‘improper payments’’ has the same meaning as that provided in section 2(d)(2) of Public Law 107–300.
SEC. 188. Notwithstanding any other provision of law, if any
funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and
Senate Committees on Appropriations, transmission of said reprogramming notice shall be provided solely to the House and
Senate Committees on Appropriations, and said reprogramming
action shall be approved or denied solely by the House and Senate
Committees on Appropriations: Provided, That the Secretary of
Transportation may provide notice to other congressional committees of the action of the House and Senate Committees on Appropriations on such reprogramming but not sooner than 30 days
following the date on which the reprogramming action has been

H. R. 1625—658
approved or denied by the House and Senate Committees on Appropriations.
SEC. 189. Funds appropriated in this Act to the modal administrations may be obligated for the Office of the Secretary for the
costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are
purchased to provide a direct benefit to the applicable modal
administration or administrations.
SEC. 190. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits
authorized under section 7905 of title 5, United States Code,
including distribution of transit benefits by various paper and electronic media.
SEC. 191. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract under
title 49 U.S.C. or title 23 U.S.C. utilizing geographic, economic,
or any other hiring preference not otherwise authorized by law,
or to amend a rule, regulation, policy or other measure that forbids
a recipient of a Federal Highway Administration or Federal Transit
Administration grant from imposing such hiring preference on a
contract or construction project with which the Department of
Transportation is assisting, only if the grant recipient certifies
the following:
(1) that except with respect to apprentices or trainees,
a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work
that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy
such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
This title may be cited as the ‘‘Department of Transportation
Appropriations Act, 2018’’.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
MANAGEMENT

AND

ADMINISTRATION

EXECUTIVE OFFICES

For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary, Deputy
Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business
Utilization, and the Center for Faith-Based and Neighborhood Partnerships, $14,708,000: Provided, That not to exceed $19,876 of
the amount made available under this heading shall be available
to the Secretary for official reception and representation expenses
as the Secretary may determine.

H. R. 1625—659
ADMINISTRATIVE SUPPORT OFFICES

For necessary salaries and expenses for Administrative Support
Offices, $518,303,000, of which $52,200,000 shall be available for
the Office of the Chief Financial Officer; $95,400,000 shall be available for the Office of the General Counsel; $204,253,000 shall be
available for the Office of Administration; $39,300,000 shall be
available for the Office of the Chief Human Capital Officer;
$53,500,000 shall be available for the Office of Field Policy and
Management; $19,500,000 shall be available for the Office of the
Chief Procurement Officer; $3,800,000 shall be available for the
Office of Departmental Equal Employment Opportunity; $4,950,000
shall be available for the Office of Strategic Planning and Management; and $45,400,000 shall be available for the Office of the
Chief Information Officer: Provided, That funds provided under
this heading may be used for necessary administrative and nonadministrative expenses of the Department of Housing and Urban
Development, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–
5902; hire of passenger motor vehicles; and services as authorized
by 5 U.S.C. 3109: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may be
used for advertising and promotional activities that directly support
program activities funded in this title: Provided further, That the
Secretary shall provide the House and Senate Committees on Appropriations quarterly written notification regarding the status of
pending congressional reports: Provided further, That the Secretary
shall provide in electronic form all signed reports required by Congress: Provided further, That within 30 days of enactment of this
Act, the Secretary shall submit to the House and Senate Committees
on Appropriations organization charts reflecting the Department’s
and each office’s structure (to the branch level) on October 1,
2017 and on the date of enactment of this Act.
PROGRAM OFFICE SALARIES

AND

EXPENSES

PUBLIC AND INDIAN HOUSING

For necessary salaries and expenses of the Office of Public
and Indian Housing, $216,633,000.
COMMUNITY PLANNING AND DEVELOPMENT

For necessary salaries and expenses of the Office of Community
Planning and Development, $107,554,000.
HOUSING

For necessary salaries and expenses of the Office of Housing,
$383,000,000.
POLICY DEVELOPMENT AND RESEARCH

For necessary salaries and expenses of the Office of Policy
Development and Research, $24,065,000.

H. R. 1625—660
FAIR HOUSING AND EQUAL OPPORTUNITY

For necessary salaries and expenses of the Office of Fair
Housing and Equal Opportunity, $69,808,000.
OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES

For necessary salaries and expenses of the Office of Lead
Hazard Control and Healthy Homes, $7,600,000.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)

For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
‘‘Fund’’), pursuant, in part, to section 7(f) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(f)), amounts
transferred to the Fund under this heading shall be available for
Federal shared services used by offices and agencies of the Department, and for such portion of any office or agency’s printing, records
management, space renovation, furniture, or supply services as
the Secretary determines shall be derived from centralized sources
made available by the Department to all offices and agencies and
funded through the Fund: Provided, That of the amounts made
available in this title for salaries and expenses under the headings
‘‘Executive Offices’’, ‘‘Administrative Support Offices’’, ‘‘Program
Office Salaries and Expenses’’, and ‘‘Government National Mortgage
Association’’, the Secretary shall transfer to the Fund such amounts,
to remain available until expended, as are necessary to fund services, specified in the matter preceding the first proviso, for which
the appropriation would otherwise have been available, and may
transfer not to exceed an additional $5,000,000, in aggregate, from
all such appropriations, to be merged with the Fund and to remain
available until expended for use for any office or agency: Provided
further, That amounts in the Fund shall be the only amounts
available to each office or agency of the Department for the services,
or portion of services, specified in the matter preceding the first
proviso: Provided further, That with respect to the Fund, the
authorities and conditions under this heading shall supplement
the authorities and conditions provided under section 7(f).
PUBLIC

AND INDIAN

HOUSING

TENANT-BASED RENTAL ASSISTANCE

For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act
of 1937, as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein),
not otherwise provided for, $18,015,000,000, to remain available
until expended, shall be available on October 1, 2017 (in addition
to the $4,000,000,000 previously appropriated under this heading
that shall be available on October 1, 2017), and $4,000,000,000,
to remain available until expended, shall be available on October
1, 2018: Provided, That the amounts made available under this
heading are provided as follows:
(1) $19,600,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts

H. R. 1625—661
(including renewals of enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act) and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2018 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary,
by notice published in the Federal Register, and by making
any necessary adjustments for the costs associated with the
first-time renewal of vouchers under this paragraph including
tenant protection, HOPE VI, and Choice Neighborhoods
vouchers: Provided further, That none of the funds provided
under this paragraph may be used to fund a total number
of unit months under lease which exceeds a public housing
agency’s authorized level of units under contract, except for
public housing agencies participating in the MTW demonstration, which are instead governed by the terms and conditions
of their MTW agreements: Provided further, That the Secretary
shall, to the extent necessary to stay within the amount specified under this paragraph (except as otherwise modified under
this paragraph), prorate each public housing agency’s allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following provisos, the
entire amount specified under this paragraph (except as otherwise modified under this paragraph) shall be obligated to the
public housing agencies based on the allocation and pro rata
method described above, and the Secretary shall notify public
housing agencies of their annual budget by the latter of 60
days after enactment of this Act or March 1, 2018: Provided
further, That the Secretary may extend the notification period
with the prior written approval of the House and Senate
Committees on Appropriations: Provided further, That public
housing agencies participating in the MTW demonstration shall
be funded pursuant to their MTW agreements and shall be
subject to the same pro rata adjustments under the previous
provisos: Provided further, That the Secretary may offset public
housing agencies’ calendar year 2018 allocations based on the
excess amounts of public housing agencies’ net restricted assets
accounts, including HUD-held programmatic reserves (in
accordance with VMS data in calendar year 2017 that is
verifiable and complete), as determined by the Secretary: Provided further, That public housing agencies participating in
the MTW demonstration shall also be subject to the offset,
as determined by the Secretary, excluding amounts subject
to the single fund budget authority provisions of their MTW
agreements, from the agencies’ calendar year 2018 MTW
funding allocation: Provided further, That the Secretary shall
use any offset referred to in the previous two provisos throughout the calendar year to prevent the termination of rental
assistance for families as the result of insufficient funding,
as determined by the Secretary, and to avoid or reduce the
proration of renewal funding allocations: Provided further, That
up to $75,000,000 shall be available only: (1) for adjustments
in the allocations for public housing agencies, after application

H. R. 1625—662
for an adjustment by a public housing agency that experienced
a significant increase, as determined by the Secretary, in
renewal costs of vouchers resulting from unforeseen circumstances or from portability under section 8(r) of the Act;
(2) for vouchers that were not in use during the previous
12-month period in order to be available to meet a commitment
pursuant to section 8(o)(13) of the Act; (3) for adjustments
for costs associated with HUD-Veterans Affairs Supportive
Housing (HUD–VASH) vouchers; and (4) for public housing
agencies that despite taking reasonable cost savings measures,
as determined by the Secretary, would otherwise be required
to terminate rental assistance for families as a result of insufficient funding: Provided further, That the Secretary shall allocate amounts under the previous proviso based on need, as
determined by the Secretary;
(2) $85,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion
of section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation
of witnesses in connection with efforts to combat crime in
public and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under
any provision of law authorizing such assistance under section
8(t) of the Act, HOPE VI and Choice Neighborhood vouchers,
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance or
for project-based assistance to prevent the displacement of
unassisted elderly tenants currently residing in section 202
properties financed between 1959 and 1974 that are refinanced
pursuant to Public Law 106–569, as amended, or under the
authority as provided under this Act: Provided, That when
a public housing development is submitted for demolition or
disposition under section 18 of the Act, the Secretary may
provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided further,
That the Secretary may only provide replacement vouchers
for units that were occupied within the previous 24 months
that cease to be available as assisted housing, subject only
to the availability of funds: Provided further, That of the
amounts made available under this paragraph, $5,000,000 may
be available to provide tenant protection assistance, not otherwise provided under this paragraph, to residents residing in
low vacancy areas and who may have to pay rents greater
than 30 percent of household income, as the result of: (A)
the maturity of a HUD-insured, HUD-held or section 202 loan
that requires the permission of the Secretary prior to loan
prepayment; (B) the expiration of a rental assistance contract
for which the tenants are not eligible for enhanced voucher
or tenant protection assistance under existing law; or (C) the
expiration of affordability restrictions accompanying a mortgage
or preservation program administered by the Secretary: Provided further, That such tenant protection assistance made
available under the previous proviso may be provided under
the authority of section 8(t) or section 8(o)(13) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(t)): Provided further, That the Secretary shall issue guidance to implement

H. R. 1625—663
the previous provisos, including, but not limited to, requirements for defining eligible at-risk households within 60 days
of the enactment of this Act: Provided further, That any tenant
protection voucher made available from amounts under this
paragraph shall not be reissued by any public housing agency,
except the replacement vouchers as defined by the Secretary
by notice, when the initial family that received any such
voucher no longer receives such voucher, and the authority
for any public housing agency to issue any such voucher shall
cease to exist: Provided further, That the Secretary may provide
section 8 rental assistance from amounts made available under
this paragraph for units assisted under a project-based subsidy
contract funded under the ‘‘Project-Based Rental Assistance’’
heading under this title where the owner has received a Notice
of Default and the units pose an imminent health and safety
risk to residents: Provided further, That to the extent that
the Secretary determines that such units are not feasible for
continued rental assistance payments or transfer of the subsidy
contract associated with such units to another project or
projects and owner or owners, any remaining amounts associated with such units under such contract shall be recaptured
and used to reimburse amounts used under this paragraph
for rental assistance under the preceding proviso;
(3) $1,760,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section
8 tenant-based rental assistance program, of which up to
$30,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to administer their section 8 programs, including fees associated with
section 8 tenant protection rental assistance, the administration
of disaster related vouchers, Veterans Affairs Supportive
Housing vouchers, and other special purpose incremental
vouchers: Provided, That no less than $1,730,000,000 of the
amount provided in this paragraph shall be allocated to public
housing agencies for the calendar year 2018 funding cycle based
on section 8(q) of the Act (and related Appropriation Act provisions) as in effect immediately before the enactment of the
Quality Housing and Work Responsibility Act of 1998 (Public
Law 105–276): Provided further, That if the amounts made
available under this paragraph are insufficient to pay the
amounts determined under the previous proviso, the Secretary
may decrease the amounts allocated to agencies by a uniform
percentage applicable to all agencies receiving funding under
this paragraph or may, to the extent necessary to provide
full payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the Department of Housing and Urban Development under this heading
from prior fiscal years, excluding special purpose vouchers,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That all public housing agencies
participating in the MTW demonstration shall be funded pursuant to their MTW agreements, and shall be subject to the
same uniform percentage decrease as under the previous proviso: Provided further, That amounts provided under this paragraph shall be only for activities related to the provision of

H. R. 1625—664
tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $505,000,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering
the special purpose vouchers in this paragraph shall be funded
under the same terms and be subject to the same pro rata
reduction as the percent decrease for administrative and other
expenses to public housing agencies under paragraph (3) of
this heading: Provided further, That any amounts provided
under this paragraph in this Act or prior Acts, remaining
available after funding renewals and administrative expenses
under this paragraph, shall be available for incremental tenantbased assistance contracts under such section 811, including
necessary administrative expenses;
(5) $5,000,000 shall be for rental assistance and associated
administrative fees for Tribal HUD–VA Supportive Housing
to serve Native American veterans that are homeless or atrisk of homelessness living on or near a reservation or other
Indian areas: Provided, That such amount shall be made available for renewal grants to recipients that received assistance
under prior Acts under the Tribal HUD–VA Supportive Housing
program: Provided further, That the Secretary shall be authorized to specify criteria for renewal grants, including data on
the utilization of assistance reported by grant recipients: Provided further, That such assistance shall be administered in
accordance with program requirements under the Native American Housing Assistance and Self-Determination Act of 1996
and modeled after the HUD–VASH program: Provided further,
That the Secretary shall be authorized to waive, or specify
alternative requirements for any provision of any statute or
regulation that the Secretary administers in connection with
the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective delivery and administration of
such assistance: Provided further, That grant recipients shall
report to the Secretary on utilization of such rental assistance
and other program data, as prescribed by the Secretary: Provided further, That the Secretary may reallocate, as determined
by the Secretary, amounts returned or recaptured from awards
under prior acts;
(6) $40,000,000 for incremental rental voucher assistance
for use through a supported housing program administered
in conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and
Urban Development shall make such funding available, notwithstanding section 203 (competition provision) of this title,
to public housing agencies that partner with eligible VA Medical
Centers or other entities as designated by the Secretary of
the Department of Veterans Affairs, based on geographical
need for such assistance as identified by the Secretary of the

H. R. 1625—665
Department of Veterans Affairs, public housing agency administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in consultation with
the Secretary of the Department of Veterans Affairs: Provided
further, That the Secretary of Housing and Urban Development
may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs),
any provision of any statute or regulation that the Secretary
of Housing and Urban Development administers in connection
with the use of funds made available under this paragraph
(except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding
by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further, That assistance made available under this paragraph shall continue to
remain available for homeless veterans upon turn-over;
(7) $20,000,000 shall be made available for new incremental
voucher assistance through the family unification program as
authorized by section 8(x) of the Act: Provided, That the assistance made available under this paragraph shall continue to
remain available for family unification upon turnover: Provided
further, That for any public housing agency administering
voucher assistance appropriated in a prior Act under the family
unification program that determines that it no longer has an
identified need for such assistance upon turnover, such agency
shall notify the Secretary, and the Secretary shall recapture
such assistance from the agency and reallocate it to any other
public housing agency or agencies based on need for voucher
assistance in connection with such program; and
(8) the Secretary shall separately track all special purpose
vouchers funded under this heading.
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)

Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing
and Urban Development under this heading, the heading ‘‘Annual
Contributions for Assisted Housing’’ and the heading ‘‘Project-Based
Rental Assistance’’, for fiscal year 2018 and prior years may be
used for renewal of or amendments to section 8 project-based contracts and for performance-based contract administrators, notwithstanding the purposes for which such funds were appropriated:
Provided, That any obligated balances of contract authority from
fiscal year 1974 and prior that have been terminated shall be
rescinded: Provided further, That amounts heretofore recaptured,
or recaptured during the current fiscal year, from section 8 projectbased contracts from source years fiscal year 1975 through fiscal
year 1987 are hereby rescinded, and an amount of additional new
budget authority, equivalent to the amount rescinded is hereby
appropriated, to remain available until expended, for the purposes
set forth under this heading, in addition to amounts otherwise
available.

H. R. 1625—666
PUBLIC HOUSING CAPITAL FUND

For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing agencies, as
authorized under section 9 of the United States Housing Act of
1937 (42 U.S.C. 1437g) (the ‘‘Act’’) $2,750,000,000, to remain available until September 30, 2021: Provided, That notwithstanding
any other provision of law or regulation, during fiscal year 2018,
the Secretary of Housing and Urban Development may not delegate
to any Department official other than the Deputy Secretary and
the Assistant Secretary for Public and Indian Housing any authority
under paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for purposes
of such section 9(j), the term ‘‘obligate’’ means, with respect to
amounts, that the amounts are subject to a binding agreement
that will result in outlays, immediately or in the future: Provided
further, That up to $8,300,000 shall be to support ongoing public
housing financial and physical assessment activities: Provided further, That up to $1,000,000 shall be to support the costs of administrative and judicial receiverships: Provided further, That of the
total amount provided under this heading, not to exceed $21,500,000
shall be available for the Secretary to make grants, notwithstanding
section 203 of this Act, to public housing agencies for emergency
capital needs including safety and security measures necessary
to address crime and drug-related activity as well as needs resulting
from unforeseen or unpreventable emergencies and natural disasters excluding Presidentially declared emergencies and natural
disasters under the Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2018:
Provided further, That of the amount made available under the
previous proviso, not less than $5,000,000 shall be for safety and
security measures: Provided further, That in addition to the amount
in the previous proviso for such safety and security measures,
any amounts that remain available, after all applications received
on or before September 30, 2019, for emergency capital needs have
been processed, shall be allocated to public housing agencies for
such safety and security measures: Provided further, That of the
total amount provided under this heading, up to $35,000,000 shall
be for supportive services, service coordinators and congregate services as authorized by section 34 of the Act (42 U.S.C. 1437z–
6) and the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided further,
That of the total amount made available under this heading,
$15,000,000 shall be for a Jobs-Plus initiative modeled after the
Jobs-Plus demonstration: Provided further, That funding provided
under the previous proviso shall be available for competitive grants
to partnerships between public housing authorities, local workforce
investment boards established under section 117 of the Workforce
Investment Act of 1998, and other agencies and organizations that
provide support to help public housing residents obtain employment
and increase earnings: Provided further, That applicants must demonstrate the ability to provide services to residents, partner with
workforce investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies to
request exemptions from rent and income limitation requirements
under sections 3 and 6 of the United States Housing Act of 1937
as necessary to implement the Jobs-Plus program, on such terms

H. R. 1625—667
and conditions as the Secretary may approve upon a finding by
the Secretary that any such waivers or alternative requirements
are necessary for the effective implementation of the Jobs-Plus
initiative as a voluntary program for residents: Provided further,
That the Secretary shall publish by notice in the Federal Register
any waivers or alternative requirements pursuant to the preceding
proviso no later than 10 days before the effective date of such
notice: Provided further, That for funds provided under this heading,
the limitation in section 9(g)(1) of the Act shall be 25 percent:
Provided further, That the Secretary may waive the limitation
in the previous proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act: Provided
further, That the Secretary shall notify public housing agencies
requesting waivers under the previous proviso if the request is
approved or denied within 14 days of submitting the request: Provided further, That from the funds made available under this
heading, the Secretary shall provide bonus awards in fiscal year
2018 to public housing agencies that are designated high performers: Provided further, That the Department shall notify public
housing agencies of their formula allocation within 60 days of
enactment of this Act.
PUBLIC HOUSING OPERATING FUND

For 2018 payments to public housing agencies for the operation
and management of public housing, as authorized by section 9(e)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)),
$4,550,000,000, to remain available until September 30, 2019.
CHOICE NEIGHBORHOODS INITIATIVE

For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v), unless otherwise specified under this
heading), for transformation, rehabilitation, and replacement
housing needs of both public and HUD-assisted housing and to
transform neighborhoods of poverty into functioning, sustainable
mixed income neighborhoods with appropriate services, schools,
public assets, transportation and access to jobs, $150,000,000, to
remain available until September 30, 2020: Provided, That grant
funds may be used for resident and community services, community
development, and affordable housing needs in the community, and
for conversion of vacant or foreclosed properties to affordable
housing: Provided further, That the use of funds made available
under this heading shall not be deemed to be public housing notwithstanding section 3(b)(1) of such Act: Provided further, That
grantees shall commit to an additional period of affordability determined by the Secretary of not fewer than 20 years: Provided further,
That grantees shall provide a match in State, local, other Federal
or private funds: Provided further, That grantees may include local
governments, tribal entities, public housing authorities, and nonprofits: Provided further, That for-profit developers may apply
jointly with a public entity: Provided further, That for purposes
of environmental review, a grantee shall be treated as a public
housing agency under section 26 of the United States Housing
Act of 1937 (42 U.S.C. 1437x), and grants under this heading
shall be subject to the regulations issued by the Secretary to implement such section: Provided further, That of the amount provided,

H. R. 1625—668
not less than $75,000,000 shall be awarded to public housing agencies: Provided further, That such grantees shall create partnerships
with other local organizations including assisted housing owners,
service agencies, and resident organizations: Provided further, That
the Secretary shall consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and Commerce, the Attorney General, and the Administrator of the Environmental Protection Agency to coordinate and leverage other appropriate Federal resources: Provided further, That no more than
$5,000,000 of funds made available under this heading may be
provided as grants to undertake comprehensive local planning with
input from residents and the community: Provided further, That
unobligated balances, including recaptures, remaining from funds
appropriated under the heading ‘‘Revitalization of Severely Distressed Public Housing (HOPE VI)’’ in fiscal year 2011 and prior
fiscal years may be used for purposes under this heading, notwithstanding the purposes for which such amounts were appropriated:
Provided further, That the Secretary shall issue the Notice of
Funding Availability for funds made available under this heading
no later than 60 days after enactment of this Act: Provided further,
That the Secretary shall make grant awards no later than 270
days after enactment of this Act in such amounts that the Secretary
determines.
FAMILY SELF-SUFFICIENCY

For the Family Self-Sufficiency program to support family selfsufficiency coordinators under section 23 of the United States
Housing Act of 1937, to promote the development of local strategies
to coordinate the use of assistance under sections 8(o) and 9 of
such Act with public and private resources, and enable eligible
families to achieve economic independence and self-sufficiency,
$75,000,000, to remain available until September 30, 2019: Provided, That the Secretary may, by Federal Register notice, waive
or specify alternative requirements under subsections b(3), b(4),
b(5), or c(1) of section 23 of such Act in order to facilitate the
operation of a unified self-sufficiency program for individuals
receiving assistance under different provisions of the Act, as determined by the Secretary: Provided further, That owners of a privately
owned multifamily property with a section 8 contract may voluntarily make a Family Self-Sufficiency program available to the
assisted tenants of such property in accordance with procedures
established by the Secretary: Provided further, That such procedures
established pursuant to the previous proviso shall permit participating tenants to accrue escrow funds in accordance with section
23(d)(2) and shall allow owners to use funding from residual receipt
accounts to hire coordinators for their own Family Self-Sufficiency
program.
NATIVE AMERICAN HOUSING BLOCK GRANTS
(INCLUDING TRANSFER OF FUNDS)

For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing Assistance
and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111
et seq.), $655,000,000, to remain available until September 30,
2022: Provided, That, notwithstanding NAHASDA, to determine

H. R. 1625—669
the amount of the allocation under title I of such Act for each
Indian tribe, the Secretary shall apply the formula under section
302 of such Act with the need component based on single-race
census data and with the need component based on multi-race
census data, and the amount of the allocation for each Indian
tribe shall be the greater of the two resulting allocation amounts:
Provided further, That of the amounts made available under this
heading, $7,000,000 shall be for providing training and technical
assistance to Indian housing authorities and tribally designated
housing entities, to support the inspection of Indian housing units,
contract expertise, and for training and technical assistance related
to funding provided under this heading and other headings under
this Act for the needs of Native American families and Indian
country: Provided further, That of the funds made available under
the previous provisos, not less than $2,000,000 shall be made available for a national organization as authorized under section 703
of NAHASDA (25 U.S.C. 4212): Provided further, That amounts
made available under the previous two provisos may be used, contracted, or competed as determined by the Secretary: Provided
further, That of the amount provided under this heading, $2,000,000
shall be made available for the cost of guaranteed notes and other
obligations, as authorized by title VI of NAHASDA: Provided further, That such costs, including the costs of modifying such notes
and other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further,
That these funds are available to subsidize the total principal
amount of any notes and other obligations, any part of which
is to be guaranteed, not to exceed $17,391,304: Provided further,
That the Department will notify grantees of their formula allocation
within 60 days of the date of enactment of this Act: Provided
further, That for an additional amount for the Native American
Housing Block Grants program, as authorized under title I of
NAHASDA, $100,000,000 to remain available until September 30,
2022: Provided further, That the Secretary shall obligate this additional amount for competitive grants to eligible recipients authorized under NAHASDA that apply for funds: Provided further, That
in awarding this additional amount, the Secretary shall consider
need and administrative capacity, and shall give priority to projects
that will spur construction and rehabilitation: Provided further,
That up to 1 percent of this additional amount may be transferred,
in aggregate, to ‘‘Program Office Salaries and Expenses—Public
and Indian Housing’’ for necessary costs of administering and overseeing the obligation and expenditure of this additional amount:
Provided further, That any funds transferred pursuant to the previous proviso shall remain available until September 30, 2023.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z–13a), $1,000,000, to remain available until expended:
Provided, That such costs, including the costs 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,
up to $270,270,270, to remain available until expended: Provided

H. R. 1625—670
further, That up to $750,000 of this amount may be for administrative contract expenses including management processes and systems
to carry out the loan guarantee program.
NATIVE HAWAIIAN HOUSING BLOCK GRANT

For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.),
$2,000,000 to remain available until September 30, 2022: Provided,
That notwithstanding section 812(b) of such Act, the Department
of Hawaiian Home Lands may not invest grant amounts provided
under this heading in investment securities and other obligations:
Provided further, That the language under the first proviso under
the heading ‘‘Native Hawaiian Housing Block Grant’’ in the Department of Housing and Urban Development Appropriations Act, 2015
(Public Law 113–235) is amended by striking ‘‘Hawaii-based’’: Provided further, That amounts made available under this heading
in this and prior fiscal years may be used to provide rental assistance to eligible Native Hawaiian families both on and off the
Hawaiian Home Lands, notwithstanding any other provision of
law.
COMMUNITY PLANNING

AND

DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $375,000,000, to remain available
until September 30, 2019, except that amounts allocated pursuant
to section 854(c)(5) of such Act shall remain available until September 30, 2020: Provided, That the Secretary shall renew all
expiring contracts for permanent supportive housing that initially
were funded under section 854(c)(5) of such Act from funds made
available under this heading in fiscal year 2010 and prior fiscal
years that meet all program requirements before awarding funds
for new contracts under such section: Provided further, That the
Department shall notify grantees of their formula allocation within
60 days of enactment of this Act.
COMMUNITY DEVELOPMENT FUND

For assistance to units of State and local government, and
to other entities, for economic and community development activities, and for other purposes, $3,365,000,000, to remain available
until September 30, 2020, unless otherwise specified: Provided,
That of the total amount provided, $3,300,000,000 is for carrying
out the community development block grant program under title
I of the Housing and Community Development Act of 1974, as
amended (‘‘the Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, That unless explicitly provided for under this heading, not
to exceed 20 percent of any grant made with funds appropriated
under this heading shall be expended for planning and management
development and administration: Provided further, That a metropolitan city, urban county, unit of general local government, Indian
tribe, or insular area that directly or indirectly receives funds
under this heading may not sell, trade, or otherwise transfer all

H. R. 1625—671
or any portion of such funds to another such entity in exchange
for any other funds, credits or non-Federal considerations, but must
use such funds for activities eligible under title I of the Act: Provided
further, That notwithstanding section 105(e)(1) of the Act, no funds
provided under this heading may be provided to a for-profit entity
for an economic development project under section 105(a)(17) unless
such project has been evaluated and selected in accordance with
guidelines required under subsection (e)(2): Provided further, That
the Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act: Provided further, That
of the total amount provided under this heading, $65,000,000 shall
be for grants to Indian tribes notwithstanding section 106(a)(1)
of such Act, of which, notwithstanding any other provision of law
(including section 203 of this Act), up to $4,000,000 may be used
for emergencies that constitute imminent threats to health and
safety.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2018, commitments to guarantee loans under
section 108 of the Housing and Community Development Act of
1974 (42 U.S.C. 5308), any part of which is guaranteed, shall
not exceed a total principal amount of $300,000,000, notwithstanding any aggregate limitation on outstanding obligations
guaranteed in subsection (k) of such section 108: Provided, That
the Secretary shall collect fees from borrowers, notwithstanding
subsection (m) of such section 108, to result in a credit subsidy
cost of zero for guaranteeing such loans, and any such fees shall
be collected in accordance with section 502(7) of the Congressional
Budget Act of 1974.
HOME INVESTMENT PARTNERSHIPS PROGRAM

For the HOME Investment Partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,362,000,000, to remain available until
September 30, 2021: Provided, That notwithstanding the amount
made available under this heading, the threshold reduction requirements in sections 216(10) and 217(b)(4) of such Act shall not apply
to allocations of such amount: Provided further, That the Department shall notify grantees of their formula allocation within 60
days of enactment of this Act.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996, as amended, $50,000,000, to remain
available until September 30, 2020: Provided, That of the total
amount provided under this heading, $10,000,000 shall be made
available to the Self-Help Homeownership Opportunity Program
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended: Provided further, That of the
total amount provided under this heading, $35,000,000 shall be
made available for the second, third, and fourth capacity building
activities authorized under section 4(a) of the HUD Demonstration
Act of 1993 (42 U.S.C. 9816 note), of which not less than $5,000,000

H. R. 1625—672
shall be made available for rural capacity building activities: Provided further, That of the total amount provided under this heading,
$5,000,000 shall be made available for capacity building by national
rural housing organizations with experience assessing national
rural conditions and providing financing, training, technical assistance, information, and research to local nonprofits, local governments, and Indian Tribes serving high need rural communities:
Provided further, That an additional $4,000,000, to remain available
until expended, shall be for a program to rehabilitate and modify
homes of disabled or low-income veterans, as authorized under
section 1079 of Public Law 113–291.
HOMELESS ASSISTANCE GRANTS

For the Emergency Solutions Grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as amended; the Continuum of Care program as authorized under subtitle C of title IV of such Act; and the Rural Housing
Stability Assistance program as authorized under subtitle D of
title IV of such Act, $2,513,000,000, to remain available until September 30, 2020: Provided, That any rental assistance amounts
that are recaptured under such Continuum of Care program shall
remain available until expended: Provided further, That not less
than $270,000,000 of the funds appropriated under this heading
shall be available for such Emergency Solutions Grants program:
Provided further, That not less than $2,106,000,000 of the funds
appropriated under this heading shall be available for such Continuum of Care and Rural Housing Stability Assistance programs:
Provided further, That of the amounts made available under this
heading, up to $50,000,000 shall be made available for grants
for rapid re-housing projects and supportive service projects providing coordinated entry, and for eligible activities the Secretary
determines to be critical in order to assist survivors of domestic
violence, dating violence, and stalking: Provided further, That such
projects shall be eligible for renewal under the continuum of care
program subject to the same terms and conditions as other renewal
applicants: Provided further, That up to $7,000,000 of the funds
appropriated under this heading shall be available for the national
homeless data analysis project: Provided further, That all funds
awarded for supportive services under the Continuum of Care program and the Rural Housing Stability Assistance program shall
be matched by not less than 25 percent in cash or in kind by
each grantee: Provided further, That for all match requirements
applicable to funds made available under this heading for this
fiscal year and prior years, a grantee may use (or could have
used) as a source of match funds other funds administered by
the Secretary and other Federal agencies unless there is (or was)
a specific statutory prohibition on any such use of any such funds:
Provided further, That the Secretary shall collect system performance measures for each continuum of care, and that relative to
fiscal year 2015, under the Continuum of Care competition with
respect to funds made available under this heading, the Secretary
shall base an increasing share of the score on performance criteria:
Provided further, That none of the funds provided under this
heading shall be available to provide funding for new projects,
except for projects created through reallocation, unless the Secretary
determines that the continuum of care has demonstrated that

H. R. 1625—673
projects are evaluated and ranked based on the degree to which
they improve the continuum of care’s system performance: Provided
further, That the Secretary shall prioritize funding under the Continuum of Care program to continuums of care that have demonstrated a capacity to reallocate funding from lower performing
projects to higher performing projects: Provided further, That all
awards of assistance under this heading shall be required to coordinate and integrate homeless programs with other mainstream
health, social services, and employment programs for which homeless populations may be eligible: Provided further, That any unobligated amounts remaining from funds appropriated under this
heading in fiscal year 2012 and prior years for project-based rental
assistance for rehabilitation projects with 10-year grant terms may
be used for purposes under this heading, notwithstanding the purposes for which such funds were appropriated: Provided further,
That all balances for Shelter Plus Care renewals previously funded
from the Shelter Plus Care Renewal account and transferred to
this account shall be available, if recaptured, for Continuum of
Care renewals in fiscal year 2018: Provided further, That the
Department shall notify grantees of their formula allocation from
amounts allocated (which may represent initial or final amounts
allocated) for the Emergency Solutions Grant program within 60
days of enactment of this Act: Provided further, That up to
$80,000,000 of the funds appropriated under this heading shall
be to implement projects to demonstrate how a comprehensive
approach to serving homeless youth, age 24 and under, in up
to 25 communities, including at least eight communities with
substantial rural populations, can dramatically reduce youth
homelessness: Provided further, That of the amount made available
under the previous proviso, up to $5,000,000 shall be available
to provide technical assistance on youth homelessness, and collection, analysis, and reporting of data and performance measures
under the comprehensive approaches to serve homeless youth, in
addition to and in coordination with other technical assistance
funds provided under this title: Provided further, That such projects
shall be eligible for renewal under the continuum of care program
subject to the same terms and conditions as other renewal
applicants: Provided further, That youth aged 24 and under seeking
assistance under this heading shall not be required to provide
third party documentation to establish their eligibility under 42
U.S.C. 11302(a) or (b) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by
youth aged 24 and under who are living in unsafe situations may
be served by youth-serving providers funded under this heading.
HOUSING PROGRAMS
PROJECT-BASED RENTAL ASSISTANCE

For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937
(42 U.S.C. 1437 et seq.) (‘‘the Act’’), not otherwise provided for,
$11,115,000,000, to remain available until expended, shall be available on October 1, 2017 (in addition to the $400,000,000 previously
appropriated under this heading that became available October
1, 2017), and $400,000,000, to remain available until expended,
shall be available on October 1, 2018: Provided, That the amounts

H. R. 1625—674
made available under this heading shall be available for expiring
or terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to
section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11401), for renewal of section 8 contracts for units
in projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses associated with project-based activities and assistance funded under this
paragraph: Provided further, That of the total amounts provided
under this heading, not to exceed $285,000,000 shall be available
for performance-based contract administrators for section 8 projectbased assistance, for carrying out 42 U.S.C. 1437(f): Provided further, That the Secretary of Housing and Urban Development may
also use such amounts in the previous proviso for performancebased contract administrators for the administration of: interest
reduction payments pursuant to section 236(a) of the National
Housing Act (12 U.S.C. 1715z–1(a)); rent supplement payments
pursuant to section 101 of the Housing and Urban Development
Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z–1(f)(2)); project rental assistance contracts for the elderly under section 202(c)(2) of the Housing Act
of 1959 (12 U.S.C. 1701q); project rental assistance contracts for
supportive housing for persons with disabilities under section
811(d)(2) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant
to section 202(h) of the Housing Act of 1959 (Public Law 86–
372; 73 Stat. 667); and loans under section 202 of the Housing
Act of 1959 (Public Law 86–372; 73 Stat. 667): Provided further,
That amounts recaptured under this heading, the heading ‘‘Annual
Contributions for Assisted Housing’’, or the heading ‘‘Housing Certificate Fund’’, may be used for renewals of or amendments to
section 8 project-based contracts or for performance-based contract
administrators, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That, notwithstanding any other provision of law, upon the request of the Secretary of Housing and Urban Development, project funds that are
held in residual receipts accounts for any project subject to a section
8 project-based Housing Assistance Payments contract that authorizes HUD or a Housing Finance Agency to require that surplus
project funds be deposited in an interest-bearing residual receipts
account and that are in excess of an amount to be determined
by the Secretary, shall be remitted to the Department and deposited
in this account, to be available until expended: Provided further,
That amounts deposited pursuant to the previous proviso shall
be available in addition to the amount otherwise provided by this
heading for uses authorized under this heading.
HOUSING FOR THE ELDERLY

For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section
202 of the Housing Act of 1959, as amended, and for project rental
assistance for the elderly under section 202(c)(2) of such Act,

H. R. 1625—675
including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term,
and for senior preservation rental assistance contracts, including
renewals, as authorized by section 811(e) of the American Housing
and Economic Opportunity Act of 2000, as amended, and for supportive services associated with the housing, $678,000,000 to remain
available until September 30, 2021, of which $105,000,000 shall
be for capital advance and project-based rental assistance awards:
Provided, That of the amount provided under this heading, up
to $90,000,000 shall be for service coordinators and the continuation
of existing congregate service grants for residents of assisted
housing projects: Provided further, That amounts under this
heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
202 projects: Provided further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions of
project rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration: Provided
further, That upon request of the Secretary of Housing and Urban
Development, project funds that are held in residual receipts
accounts for any project subject to a section 202 project rental
assistance contract, and that upon termination of such contract
are in excess of an amount to be determined by the Secretary,
shall be remitted to the Department and deposited in this account,
to be available until September 30, 2021: Provided further, That
amounts deposited in this account pursuant to the previous proviso
shall be available, in addition to the amounts otherwise provided
by this heading, for amendments and renewals: Provided further,
That unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under this
heading shall be available for amendments and renewals notwithstanding the purposes for which such funds originally were appropriated.
HOUSING FOR PERSONS WITH DISABILITIES

For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), as amended, and for project
rental assistance for supportive housing for persons with disabilities
under section 811(d)(2) of such Act and for project assistance contracts pursuant to section 202(h) of the Housing Act of 1959 (Public
Law 86–372; 73 Stat. 667), including amendments to contracts
for such assistance and renewal of expiring contracts for such
assistance for up to a 1–year term, for project rental assistance
to State housing finance agencies and other appropriate entities
as authorized under section 811(b)(3) of the Cranston-Gonzalez
National Housing Act, and for supportive services associated with
the housing for persons with disabilities as authorized by section
811(b)(1) of such Act, $229,600,000, to remain available until September 30, 2021, of which $82,600,000 shall be for capital advance
and project rental assistance awards: Provided, That amounts made
available under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 811 projects: Provided further, That, in
this fiscal year, upon the request of the Secretary of Housing

H. R. 1625—676
and Urban Development, project funds that are held in residual
receipts accounts for any project subject to a section 811 project
rental assistance contract and that upon termination of such contract are in excess of an amount to be determined by the Secretary
shall be remitted to the Department and deposited in this account,
to be available until September 30, 2021: Provided further, That
amounts deposited in this account pursuant to the previous proviso
shall be available in addition to the amounts otherwise provided
by this heading for amendments and renewals: Provided further,
That unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under this
heading shall be used for amendments and renewals notwithstanding the purposes for which such funds originally were appropriated.
HOUSING COUNSELING ASSISTANCE

For contracts, grants, and other assistance excluding loans,
as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $55,000,000, to remain available
until September 30, 2019, including up to $4,500,000 for administrative contract services: Provided, That grants made available from
amounts provided under this heading shall be awarded within
180 days of enactment of this Act: Provided further, That funds
shall be used for providing counseling and advice to tenants and
homeowners, both current and prospective, with respect to property
maintenance, financial management or literacy, and such other
matters as may be appropriate to assist them in improving their
housing conditions, meeting their financial needs, and fulfilling
the responsibilities of tenancy or homeownership; for program
administration; and for housing counselor training: Provided further, That for purposes of providing such grants from amounts
provided under this heading, the Secretary may enter into multiyear
agreements, as appropriate, subject to the availability of annual
appropriations.
RENTAL HOUSING ASSISTANCE

For amendments to contracts under section 101 of the Housing
and Urban Development Act of 1965 (12 U.S.C. 1701s) and section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z–1) in Stateaided, noninsured rental housing projects, $14,000,000, to remain
available until expended: Provided, That such amount, together
with unobligated balances from recaptured amounts appropriated
prior to fiscal year 2006 from terminated contracts under such
sections of law, and any unobligated balances, including recaptures
and carryover, remaining from funds appropriated under this
heading after fiscal year 2005, shall also be available for extensions
of up to one year for expiring contracts under such sections of
law.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C. 5401 et seq.), up to $11,000,000, to remain available until
expended, of which $11,000,000 is to be derived from the Manufactured Housing Fees Trust Fund: Provided, That not to exceed

H. R. 1625—677
the total amount appropriated under this heading shall be available
from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the receipt
of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this
heading from the general fund shall be reduced as such collections
are received during fiscal year 2018 so as to result in a final
fiscal year 2018 appropriation from the general fund estimated
at zero, and fees pursuant to such section 620 shall be modified
as necessary to ensure such a final fiscal year 2018 appropriation:
Provided further, That for the dispute resolution and installation
programs, the Secretary of Housing and Urban Development may
assess and collect fees from any program participant: Provided
further, That such collections shall be deposited into the Fund,
and the Secretary, as provided herein, may use such collections,
as well as fees collected under section 620, for necessary expenses
of such Act: Provided further, That, notwithstanding the requirements of section 620 of such Act, the Secretary may carry out
responsibilities of the Secretary under such Act through the use
of approved service providers that are paid directly by the recipients
of their services.
FEDERAL HOUSING ADMINISTRATION
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30, 2019:
Provided, That during fiscal year 2018, obligations to make direct
loans to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $5,000,000: Provided
further, That the foregoing amount in the previous proviso shall
be for loans to nonprofit and governmental entities in connection
with sales of single family real properties owned by the Secretary
and formerly insured under the Mutual Mortgage Insurance Fund:
Provided further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain available
until September 30, 2019: Provided further, That to the extent
guaranteed loan commitments exceed $200,000,000,000 on or before
April 1, 2018, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $30,000,000: Provided further, That
during fiscal year 2018 the Secretary may insure and enter into
new commitments to insure mortgages under section 255 of the
National Housing Act only to the extent that the net credit subsidy
cost for such insurance does not exceed zero: Provided further,
That for fiscal years 2018 and 2019, the Secretary shall not take
any action against a lender solely on the basis of compare ratios
that have been adversely affected by defaults on mortgages secured
by properties in areas where a major disaster was declared in
2017 or 2018 pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

H. R. 1625—678
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

New commitments to guarantee loans insured under the General and Special Risk Insurance Funds, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and
1735c), shall not exceed $30,000,000,000 in total loan principal,
any part of which is to be guaranteed, to remain available until
September 30, 2019: Provided, That during fiscal year 2018, gross
obligations for the principal amount of direct loans, as authorized
by sections 204(g), 207(l), 238, and 519(a) of the National Housing
Act, shall not exceed $5,000,000, which shall be for loans to nonprofit and governmental entities in connection with the sale of
single family real properties owned by the Secretary and formerly
insured under such Act.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE
PROGRAM ACCOUNT

New commitments to issue guarantees to carry out the purposes
of section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $500,000,000,000, to remain available
until September 30, 2019: Provided, That $27,000,000 shall be
available for necessary salaries and expenses of the Office of
Government National Mortgage Association: Provided further, That
to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2018, an additional $100
for necessary salaries and expenses shall be available until
expended for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this
proviso exceed $3,000,000: Provided further, That receipts from
Commitment and Multiclass fees collected pursuant to title III
of the National Housing Act, as amended, shall be credited as
offsetting collections to this account.
POLICY DEVELOPMENT

AND

RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.),
including carrying out the functions of the Secretary of Housing
and Urban Development under section 1(a)(1)(i) of Reorganization
Plan No. 2 of 1968, and for technical assistance, $89,000,000, to
remain available until September 30, 2019: Provided, That with
respect to amounts made available under this heading, notwithstanding section 203 of this title, the Secretary may enter into
cooperative agreements funded with philanthropic entities, other
Federal agencies, State or local governments and their agencies,
or colleges or universities for research projects: Provided further,
That with respect to the previous proviso, such partners to the
cooperative agreements must contribute at least a 50 percent match
toward the cost of the project: Provided further, That for noncompetitive agreements entered into in accordance with the previous

H. R. 1625—679
two provisos, the Secretary of Housing and Urban Development
shall comply with section 2(b) of the Federal Funding Accountability
and Transparency Act of 2006 (Public Law 109–282, 31 U.S.C.
note) in lieu of compliance with section 102(a)(4)(C) with respect
to documentation of award decisions: Provided further, That prior
to obligation of technical assistance funding, the Secretary shall
submit a plan, for approval, to the House and Senate Committees
on Appropriations on how it will allocate funding for this activity:
Provided further, That none of the funds provided under this
heading may be available for the doctoral dissertation research
grant program.
FAIR HOUSING

AND

EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988,
and section 561 of the Housing and Community Development Act
of 1987, as amended, $65,300,000, to remain available until September 30, 2019: Provided, That notwithstanding 31 U.S.C. 3302,
the Secretary may assess and collect fees to cover the costs of
the Fair Housing Training Academy, and may use such funds
to provide such training: Provided further, That no funds made
available under this heading shall be used to lobby the executive
or legislative branches of the Federal Government in connection
with a specific contract, grant, or loan: Provided further, That
of the funds made available under this heading, $300,000 shall
be available to the Secretary of Housing and Urban Development
for the creation and promotion of translated materials and other
programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the Department of Housing and Urban Development.
OFFICE

OF

LEAD HAZARD CONTROL

AND

HEALTHY HOMES

LEAD HAZARD REDUCTION

For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992, $230,000,000, to remain available until September
30, 2019, of which $45,000,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and
Urban Development Act of 1970, that shall include research,
studies, testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other housingrelated diseases and hazards: Provided, That for purposes of
environmental review, pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other provisions
of the law that further the purposes of such Act, a grant under
the Healthy Homes Initiative, or the Lead Technical Studies program under this heading or under prior appropriations Acts for
such purposes under this heading, shall be considered to be funds
for a special project for purposes of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994: Provided further,
That not less than $95,000,000 of the amounts made available
under this heading for the award of grants pursuant to section

H. R. 1625—680
1011 of the Residential Lead-Based Paint Hazard Reduction Act
of 1992 shall be provided to areas with the highest lead-based
paint abatement needs: Provided further, That each applicant shall
certify adequate capacity that is acceptable to the Secretary to
carry out the proposed use of funds pursuant to a notice of funding
availability: Provided further, That amounts made available under
this heading in this or prior appropriations Acts, and that still
remain available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were appropriated if a program competition is undersubscribed and there
are other program competitions under this heading that are oversubscribed.
INFORMATION TECHNOLOGY FUND
For the development of, modifications to, and infrastructure
for Department-wide and program-specific information technology
systems, for the continuing operation and maintenance of both
Department-wide and program-specific information systems, and
for program-related maintenance activities, $267,000,000, of which
$250,000,000 shall remain available until September 30, 2019, and
of which $17,000,000 shall remain available until September 30,
2020: Provided, That any amounts transferred to this Fund under
this Act shall remain available until expended: Provided further,
That any amounts transferred to this Fund from amounts appropriated by previously enacted appropriations Acts may be used
for the purposes specified under this Fund, in addition to any
other information technology purposes for which such amounts were
appropriated: Provided further, That not more than 10 percent
of the funds made available under this heading for development,
modernization and enhancement may be obligated until the Secretary submits to the House and Senate Committees on Appropriations, for approval, a plan for expenditure that—(A) identifies for
each modernization project: (i) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(ii) the estimated life-cycle cost, and (iii) key milestones to be
met; and (B) demonstrates that each modernization project is: (i)
compliant with the Department’s enterprise architecture, (ii) being
managed in accordance with applicable life-cycle management policies and guidance, (iii) subject to the Department’s capital planning
and investment control requirements, and (iv) supported by an
adequately staffed project office.
OFFICE

OF INSPECTOR

GENERAL

For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as
amended, $128,082,000: Provided, That the Inspector General shall
have independent authority over all personnel issues within this
office.

H. R. 1625—681
GENERAL PROVISIONS—DEPARTMENT OF HOUSING
DEVELOPMENT

AND

URBAN

(INCLUDING TRANSFER OF FUNDS)
(INCLUDING RESCISSION)

SEC. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated with
such budget authority, that are recaptured from projects described
in section 1012(a) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 1437f note) shall be rescinded
or in the case of cash, shall be remitted to the Treasury, and
such amounts of budget authority or cash recaptured and not
rescinded or remitted to the Treasury shall be used by State housing
finance agencies or local governments or local housing agencies
with projects approved by the Secretary of Housing and Urban
Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget
authority or cash recaptured and not rescinded or remitted to
the Treasury to provide project owners with incentives to refinance
their project at a lower interest rate.
SEC. 202. None of the amounts made available under this
Act may be used during fiscal year 2018 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity engaged
in by one or more persons, including the filing or maintaining
of a nonfrivolous legal action, that is engaged in solely for the
purpose of achieving or preventing action by a Government official
or entity, or a court of competent jurisdiction.
SEC. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title
II of this Act shall be made on a competitive basis and in accordance
with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
SEC. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment
for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home
Loan Mortgage Corporation, Federal Financing Bank, Federal
Reserve banks or any member thereof, Federal Home Loan banks,
and any insured bank within the meaning of the Federal Deposit
Insurance Corporation Act, as amended (12 U.S.C. 1811–1).
SEC. 205. Unless otherwise provided for in this Act or through
a reprogramming of funds, no part of any appropriation for the
Department of Housing and Urban Development shall be available
for any program, project or activity in excess of amounts set forth
in the budget estimates submitted to Congress.
SEC. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the Government Corporation Control Act are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance
with law, and to make such contracts and commitments without

H. R. 1625—682
regard to fiscal year limitations as provided by section 104 of
such Act as may be necessary in carrying out the programs set
forth in the budget for 2018 for such corporation or agency except
as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United
States Government.
SEC. 207. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate Committees
on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the
jurisdiction of the Department and shall submit additional, updated
budget information to these Committees upon request.
SEC. 208. The President’s formal budget request for fiscal year
2019, as well as the Department of Housing and Urban Development’s congressional budget justifications to be submitted to the
Committees on Appropriations of the House of Representatives and
the Senate, shall use the identical account and sub-account structure provided under this Act.
SEC. 209. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
SEC. 210. (a) Notwithstanding any other provision of law, subject to the conditions listed under this section, for fiscal years
2018 and 2019, the Secretary of Housing and Urban Development
may authorize the transfer of some or all project-based assistance,
debt held or insured by the Secretary and statutorily required
low-income and very low-income use restrictions if any, associated
with one or more multifamily housing project or projects to another
multifamily housing project or projects.
(b) PHASED TRANSFERS.—Transfers of project-based assistance
under this section may be done in phases to accommodate the
financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards
under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) NUMBER AND BEDROOM SIZE OF UNITS.—
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to
the receiving project or projects and the net dollar amount
of Federal assistance provided to the transferring project
shall remain the same in the receiving project or projects.
(B) For unoccupied units in the transferring project:
The Secretary may authorize a reduction in the number
of dwelling units in the receiving project or projects to
allow for a reconfiguration of bedroom sizes to meet current

H. R. 1625—683
market demands, as determined by the Secretary and provided there is no increase in the project-based assistance
budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the receiving
project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving project
or projects meets the condition specified in subsection (d)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any
FHA-insured mortgage lien transferred to, or placed on, such
project by the Secretary, except that the Secretary may waive
this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition, construction,
and/or rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a continuation
of the existing use agreement or a new use agreement for
the project where, in either case, any use restrictions in such
agreement are of no lesser duration than the existing use
restrictions.
(9) The transfer does not increase the cost (as defined
in section 502 of the Congressional Budget Act of 1974, as
amended) of any FHA-insured mortgage, except to the extent
that appropriations are provided in advance for the amount
of any such increased cost.
(d) For purposes of this section—
(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ‘‘multifamily housing project’’ means housing
that meets one of the following conditions—
(A) housing that is subject to a mortgage insured under
the National Housing Act;
(B) housing that has project-based assistance attached
to the structure including projects undergoing mark to
market debt restructuring under the Multifamily Assisted
Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959, as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;

H. R. 1625—684
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ‘‘project-based assistance’’ means—
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/
or additional assistance payments under section 236(f)(2)
of the National Housing Act;
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act;
(4) the term ‘‘receiving project or projects’’ means the multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required lowincome and very low-income use restrictions are to be transferred;
(5) the term ‘‘transferring project’’ means the multifamily
housing project which is transferring some or all of the projectbased assistance, debt, and the statutorily required low-income
and very low-income use restrictions to the receiving project
or projects; and
(6) the term ‘‘Secretary’’ means the Secretary of Housing
and Urban Development.
(e) RESEARCH REPORT.—The Secretary shall conduct an evaluation of the transfer authority under this section, including the
effect of such transfers on the operational efficiency, contract rents,
physical and financial conditions, and long-term preservation of
the affected properties.
SEC. 211. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who—
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined
in section 3(b)(3)(E) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance
under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and

H. R. 1625—685
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess
of amounts received for tuition and any other required fees and
charges) that an individual receives under the Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
an institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income
to that individual, except for a person over the age of 23 with
dependent children.
SEC. 212. The funds made available for Native Alaskans under
the heading ‘‘Native American Housing Block Grants’’ in title II
of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005.
SEC. 213. Notwithstanding the limitation in the first sentence
of section 255(g) of the National Housing Act (12 U.S.C. 1715z–
20(g)), the Secretary of Housing and Urban Development may,
until September 30, 2018, insure and enter into commitments to
insure mortgages under such section 255.
SEC. 214. Notwithstanding any other provision of law, in fiscal
year 2018, in managing and disposing of any multifamily property
that is owned or has a mortgage held by the Secretary of Housing
and Urban Development, and during the process of foreclosure
on any property with a contract for rental assistance payments
under section 8 of the United States Housing Act of 1937 or other
Federal programs, the Secretary shall maintain any rental assistance payments under section 8 of the United States Housing Act
of 1937 and other programs that are attached to any dwelling
units in the property. To the extent the Secretary determines,
in consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under such
section 8 or other programs, based on consideration of (1) the
costs of rehabilitating and operating the property and all available
Federal, State, and local resources, including rent adjustments
under section 524 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (‘‘MAHRAA’’) and (2) environmental
conditions that cannot be remedied in a cost-effective fashion, the
Secretary may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an owner
or owners of other existing housing properties, or provide other
rental assistance. The Secretary shall also take appropriate steps
to ensure that project-based contracts remain in effect prior to
foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats
to health and safety after written notice to and informed consent
of the affected tenants and use of other available remedies, such
as partial abatements or receivership. After disposition of any multifamily property described under this section, the contract and allowable rent levels on such properties shall be subject to the requirements under section 524 of MAHRAA.

H. R. 1625—686
SEC. 215. The commitment authority funded by fees as provided
under the heading ‘‘Community Development Loan Guarantees Program Account’’ may be used to guarantee, or make commitments
to guarantee, notes, or other obligations issued by any State on
behalf of non-entitlement communities in the State in accordance
with the requirements of section 108 of the Housing and Community
Development Act of 1974: Provided, That any State receiving such
a guarantee or commitment shall distribute all funds subject to
such guarantee to the units of general local government in nonentitlement areas that received the commitment.
SEC. 216. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the operating
fund rule: Provided, That an agency seeking a discontinuance of
a reduction of subsidy under the operating fund formula shall
not be exempt from asset management requirements.
SEC. 217. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital improvement
and management of public housing as authorized by sections 9(d)
and 9(e) of the United States Housing Act of 1937 (42 U.S.C.
1437g(d) and (e)), the Secretary shall not impose any requirement
or guideline relating to asset management that restricts or limits
in any way the use of capital funds for central office costs pursuant
to section 9(g)(1) or 9(g)(2) of the United States Housing Act of
1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing
agency may not use capital funds authorized under section 9(d)
for activities that are eligible under section 9(e) for assistance
with amounts from the operating fund in excess of the amounts
permitted under section 9(g)(1) or 9(g)(2).
SEC. 218. No official or employee of the Department of Housing
and Urban Development shall be designated as an allotment holder
unless the Office of the Chief Financial Officer has determined
that such allotment holder has implemented an adequate system
of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that
there is a trained allotment holder for each HUD sub-office under
the accounts ‘‘Executive Offices’’ and ‘‘Administrative Support
Offices,’’ as well as each account receiving appropriations for ‘‘Program Office Salaries and Expenses’’, ‘‘Government National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan
Guarantee Program Account’’, and ‘‘Office of Inspector General’’
within the Department of Housing and Urban Development.
SEC. 219. The Secretary of the Department of Housing and
Urban Development shall, for fiscal year 2018, notify the public
through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program
or discretionary fund administered by the Secretary that is to
be competitively awarded. Notwithstanding any other provision of
law, for fiscal year 2018, the Secretary may make the NOFA available only on the Internet at the appropriate Government web site
or through other electronic media, as determined by the Secretary.
SEC. 220. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of
General Counsel salaries and expenses appropriations. The annual
budget submission for the program offices and the Office of General

H. R. 1625—687
Counsel shall include any such projected litigation costs for attorney
fees as a separate line item request. No funds provided in this
title may be used to pay any such litigation costs for attorney
fees until the Department submits for review a spending plan
for such costs to the House and Senate Committees on Appropriations.
SEC. 221. The Secretary is authorized to transfer up to 10
percent or $5,000,000, whichever is less, of funds appropriated
for any office under the heading ‘‘Administrative Support Offices’’
or for any account under the general heading ‘‘Program Office
Salaries and Expenses’’ to any other such office or account: Provided, That no appropriation for any such office or account shall
be increased or decreased by more than 10 percent or $5,000,000,
whichever is less, without prior written approval of the House
and Senate Committees on Appropriations: Provided further, That
the Secretary shall provide notification to such Committees three
business days in advance of any such transfers under this section
up to 10 percent or $5,000,000, whichever is less.
SEC. 222. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined
by the Secretary of Housing and Urban Development (in this section
referred to as the ‘‘Secretary’’), and comply with any standards
under applicable State or local laws, rules, ordinances, or regulations relating to the physical condition of any property covered
under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when
a multifamily housing project with a section 8 contract or contract
for similar project-based assistance—
(1) receives a Uniform Physical Condition Standards
(UPCS) score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects
with assistance attached to the units under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), but do not apply
to such units assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13))
or to public housing units assisted with capital or operating funds
under section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC inspection,
the Secretary must provide the owner with a Notice of Default
with a specified timetable, determined by the Secretary, for correcting all deficiencies. The Secretary must also provide a copy
of the Notice of Default to the tenants, the local government,
any mortgagees, and any contract administrator. If the owner’s
appeal results in a UPCS score of 60 or above, the Secretary
may withdraw the Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may—
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used solely
for the purpose of supporting safe and sanitary conditions at

H. R. 1625—688
applicable properties, as designated by the Secretary, with priority given to the tenants of the property affected by the penalty;
(C) abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies
have been corrected;
(D) pursue transfer of the project to an owner, approved
by the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal
is offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions
or debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party
to stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to effectuate; or
(I) take any other regulatory or contractual remedies available as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall also take appropriate steps to ensure
that project-based contracts remain in effect, subject to the exercise
of contractual abatement remedies to assist relocation of tenants
for major threats to health and safety after written notice to the
affected tenants. To the extent the Secretary determines, in consultation with the tenants and the local government, that the
property is not feasible for continued rental assistance payments
under such section 8 or other programs, based on consideration
of—
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources, including
rent adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (‘‘MAHRAA’’);
and
(2) environmental conditions that cannot be remedied in
a cost-effective fashion, the Secretary may contract for projectbased rental assistance payments with an owner or owners
of other existing housing properties, or provide other rental
assistance.
(e) The Secretary shall report quarterly on all properties covered by this section that are assessed through the Real Estate
Assessment Center and have UPCS physical inspection scores of
less than 60 or have received an unsatisfactory management and
occupancy review within the past 36 months. The report shall
include—
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have such
conditions multiple times;

H. R. 1625—689
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
This report shall be due to the Senate and House Committees
on Appropriations no later than 30 days after the enactment of
this Act, and on the first business day of each Federal fiscal year
quarter thereafter while this section remains in effect.
SEC. 223. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only with
respect to the tenant-based rental assistance program) and section
9 of the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.), may be used by any public housing agency for any amount
of salary, including bonuses, for the chief executive officer of which,
or any other official or employee of which, that exceeds the annual
rate of basic pay payable for a position at level IV of the Executive
Schedule at any time during any public housing agency fiscal year
2018.
SEC. 224. Notwithstanding section 24(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary of Housing
and Urban Development may, until September 30, 2018, obligate
any available unobligated balances made available under the
heading ‘‘Choice Neighborhoods Initiative’’ in this Act or any prior
Act.
SEC. 225. None of the funds in this Act provided to the Department of Housing and Urban Development may be used to make
a grant award unless the Secretary notifies the House and Senate
Committees on Appropriations not less than 3 full business days
before any project, State, locality, housing authority, tribe, nonprofit
organization, or other entity selected to receive a grant award
is announced by the Department or its offices.
SEC. 226. None of the funds made available by this Act may
be used to require or enforce the Physical Needs Assessment (PNA).
SEC. 227. None of the funds made available in this Act shall
be used by the Federal Housing Administration, the Government
National Mortgage Administration, or the Department of Housing
and Urban Development to insure, securitize, or establish a Federal
guarantee of any mortgage or mortgage backed security that
refinances or otherwise replaces a mortgage that has been subject
to eminent domain condemnation or seizure, by a State, municipality, or any other political subdivision of a State.
SEC. 228. None of the funds made available by this Act may
be used to terminate the status of a unit of general local government
as a metropolitan city (as defined in section 102 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5302)) with
respect to grants under section 106 of such Act (42 U.S.C. 5306).
SEC. 229. Amounts made available under this Act which are
either appropriated, allocated, advanced on a reimbursable basis,
or transferred to the Office of Policy Development and Research
in the Department of Housing and Urban Development and functions thereof, for research, evaluation, or statistical purposes, and
which are unexpended at the time of completion of a contract,
grant, or cooperative agreement, may be deobligated and shall
immediately become available and may be reobligated in that fiscal
year or the subsequent fiscal year for the research, evaluation,

H. R. 1625—690
or statistical purposes for which the amounts are made available
to that Office subject to reprogramming requirements in section
405 of this Act.
SEC. 230. None of the funds provided in this Act or any other
act may be used for awards, including performance, special act,
or spot, for any employee of the Department of Housing and Urban
Development who has been subject to administrative discipline
in fiscal years 2017 or 2018, including suspension from work.
SEC. 231. Funds made available in this title under the heading
‘‘Homeless Assistance Grants’’ may be used by the Secretary to
participate in Performance Partnership Pilots authorized under section 526 of division H of Public Law 113–76, section 524 of division
G of Public Law 113–235, section 525 of division H of Public
Law 114–113, and such authorities as are enacted for Performance
Partnership Pilots in an appropriations Act for fiscal year 2018:
Provided, That such participation shall be limited to no more than
10 continuums of care and housing activities to improve outcomes
for disconnected youth.
SEC. 232. With respect to grant amounts awarded under the
heading ‘‘Homeless Assistance Grants’’ for fiscal years 2015, 2016,
2017, and 2018 for the continuum of care (CoC) program as authorized under subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act, costs paid by program income of grant recipients
may count toward meeting the recipient’s matching requirements,
provided the costs are eligible CoC costs that supplement the recipient’s CoC program.
SEC. 233. (a) From amounts made available under this title
under the heading ‘‘Homeless Assistance Grants’’, the Secretary
may award 1-year transition grants to recipients of funds for activities under subtitle C of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11381 et seq.) to transition from one Continuum
of Care program component to another.
(b) No more than 50 percent of each transition grant may
be used for costs of eligible activities of the program component
originally funded.
(c) Transition grants made under this section are eligible for
renewal in subsequent fiscal years for the eligible activities of
the new program component.
(d) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the Continuum of Care
and meet standards determined by the Secretary.
SEC. 234. None of the funds made available by this Act may
be used by the Department of Housing and Urban Development
to direct a grantee to undertake specific changes to existing zoning
laws as part of carrying out the final rule entitled ‘‘Affirmatively
Furthering Fair Housing’’ (80 Fed. Reg. 42272 (July 16, 2015))
or the notice entitled ‘‘Affirmatively Furthering Fair Housing
Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 2014)).
SEC. 235. Section 218(g) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12748(g)) shall not apply with
respect to the right of a jurisdiction to draw funds from its HOME
Investment Trust Fund that otherwise expired or would expire
in 2016, 2017, 2018, 2019, or 2020 under that section.
SEC. 236. Section 579 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) is
amended by striking ‘‘October 1, 2017’’ each place it appears and
inserting in lieu thereof ‘‘October 1, 2022’’.

H. R. 1625—691
SEC. 237. The language under the heading ‘‘Rental Assistance
Demonstration’’ in the Department of Housing and Urban Development Appropriations Act, 2012 (Public Law 112–55), as amended
by Public Law 113–76, Public Law 113–235, Public Law 114–113,
and Public Law 115–31, is amended—
(1) in the second proviso, by striking ‘‘September 30, 2020’’
and inserting ‘‘September 30, 2024’’;
(2) in the matter preceding the first proviso, by inserting
the following before the colon: ‘‘(herein the ’First Component’)’’;
(3) in the fourth proviso, by striking ‘‘225,000’’ and inserting
‘‘455,000’’;
(4) in the fourteenth proviso, by—
(A) inserting ‘‘or nonprofit’’ before ‘‘entity, then a
capable entity,’’; and
(B) striking ‘‘preserves its interest’’ and inserting ‘‘or
a nonprofit entity preserves an interest’’;
(5) in the eighteenth proviso, by—
(A) inserting ‘‘or with a project rental assistance contract under section 202(c)(2) of the Housing Act of 1959,’’
after ‘‘section 8(o) of the Act,’’;
(B) inserting ‘‘the subordination, restructuring, or both,
of any capital advance documentation, including any note,
mortgage, use agreement or other agreements, evidencing
or securing a capital advance previously provided by the
Secretary under section 202(c)(1) of the Housing Act of
1959 as necessary to facilitate the conversion of assistance
while maintaining the affordability period and the designation of the property as serving elderly persons, and,’’ following ‘‘including but not limited to’’;
(C) inserting ‘‘or assistance contracts’’ after ‘‘for such
vouchers’’;
(D) striking ‘‘of Housing and Urban Development’’ after
‘‘Secretary’’; and
(E) inserting the following before the colon: ‘‘(herein
the ’Second Component’)’’;
(6) by inserting the following provisos after the eighteenth
proviso:
‘‘Provided further, That contracts provided to properties converting
assistance from section 101 of the Housing and Urban Development
Act of 1965 or section 236(f)(2) of the National Housing Act located
in high-cost areas shall have initial rents set at comparable market
rents for the market area: Provided further, That conversions of
assistance under the Second Component may not be the basis
for re-screening or termination of assistance or eviction of any
tenant family in a property participating in the demonstration
and such a family shall not be considered a new admission for
any purpose, including compliance with income targeting:’’;
(7) in the twenty-first proviso, as reordered above, by
striking ‘‘the previous proviso’’ and all that follows through
the end of the proviso and inserting ‘‘the Second Component,
except for conversion of section 202 project rental assistance
contracts, shall be available for project-based subsidy contracts
entered into pursuant to the Second Component:’’;
(8) in the twenty-second proviso, as reordered above, by
striking ‘‘the previous two provisos’’ and inserting ‘‘the Second
Component, except for conversion of section 202 project rental
assistance contracts,’’;

H. R. 1625—692
(9) in the twenty-third proviso, as reordered above, by
striking ‘‘the three previous provisos’’ and inserting ‘‘the Second
Component, except for conversion of section 202 project rental
assistance contracts,’’; and
(10) by inserting the following proviso before the final
proviso:
‘‘Provided further, That the Secretary may transfer amounts made
available under the heading ‘Housing for the Elderly’ to the accounts
under the headings ‘Project-Based Rental Assistance’ or ‘TenantBased Rental Assistance’ to facilitate any section 202 project rental
assistance contract conversions under the Second Component, and
any increase in cost for ‘Project-Based Rental Assistance’ or ‘TenantBased Rental Assistance’ associated with such conversion shall
be equal to amounts so transferred:’’.
SEC. 238. None of the funds made available under this Act
may be used to interfere with State and local inspections of public
housing dwelling units.
SEC. 239. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations,
made by the Secretary of Housing and Urban Development in
prior fiscal years, shall remain in effect in accordance with the
terms and conditions of such agreements.
SEC. 240. Section 153 of the Continuing Appropriations Act,
2018 (as added by section 2001(2) of Public Law 115–120) is
repealed.
This title may be cited as the ‘‘Department of Housing and
Urban Development Appropriations Act, 2018’’.
TITLE III
RELATED AGENCIES
ACCESS BOARD
SALARIES AND EXPENSES

For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$8,190,000: Provided, That, notwithstanding any other provision
of law, there may be credited to this appropriation funds received
for publications and training expenses.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act, 1936,
as amended (46 U.S.C. 307), including services as authorized by
5 U.S.C. 3109; hire of passenger motor vehicles as authorized by
31 U.S.C. 1343(b); and uniforms or allowances therefore, as authorized by 5 U.S.C. 5901–5902, $27,490,000: Provided, That not to
exceed $2,000 shall be available for official reception and representation expenses.

H. R. 1625—693
NATIONAL RAILROAD PASSENGER CORPORATION
OFFICE

OF INSPECTOR

GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General for
the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978, as amended, $23,274,000:
Provided, That the Inspector General shall have all necessary
authority, in carrying out the duties specified in the Inspector
General Act, as amended (5 U.S.C. App. 3), to investigate allegations
of fraud, including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation by
the National Railroad Passenger Corporation: Provided further,
That the Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other services with
public agencies and with private persons, subject to the applicable
laws and regulations that govern the obtaining of such services
within the National Railroad Passenger Corporation: Provided further, That the Inspector General may select, appoint, and employ
such officers and employees as may be necessary for carrying out
the functions, powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern such
selections, appointments, and employment within the Corporation:
Provided further, That concurrent with the President’s budget
request for fiscal year 2018, the Inspector General shall submit
to the House and Senate Committees on Appropriations a budget
request for fiscal year 2018 in similar format and substance to
those submitted by executive agencies of the Federal Government.
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety
Board, including hire of passenger motor vehicles and aircraft;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for a GS–
15; uniforms, or allowances therefor, as authorized by law (5 U.S.C.
5901–5902), $110,400,000, of which not to exceed $2,000 may be
used for official reception and representation expenses. The amounts
made available to the National Transportation Safety Board in
this Act include amounts necessary to make lease payments on
an obligation incurred in fiscal year 2001 for a capital lease.
NEIGHBORHOOD REINVESTMENT CORPORATION
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized by
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–
8107), $140,000,000, of which $5,000,000 shall be for a multi-family
rental housing program.

H. R. 1625—694
SURFACE TRANSPORTATION BOARD
SALARIES AND EXPENSES

For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,100,000: Provided, That notwithstanding any other provision of law, not to
exceed $1,250,000 from fees established by the Chairman of the
Surface Transportation Board shall be credited to this appropriation
as offsetting collections and used for necessary and authorized
expenses under this heading: Provided further, That the sum herein
appropriated from the general fund shall be reduced on a dollarfor-dollar basis as such offsetting collections are received during
fiscal year 2018, to result in a final appropriation from the general
fund estimated at no more than $35,850,000.
UNITED STATES INTERAGENCY COUNCIL

ON

HOMELESSNESS

OPERATING EXPENSES

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section
3109 of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant
to title II of the McKinney-Vento Homeless Assistance Act, as
amended, $3,600,000: Provided, That title II of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11311 et seq.) is amended
by striking ‘‘October 1, 2018’’ in section 209 and inserting ‘‘October
1, 2020’’.
TITLE IV
GENERAL PROVISIONS—THIS ACT
(INCLUDING RESCISSIONS)

SEC. 401. 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. 402. 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.
SEC. 403. The expenditure of any appropriation under this
Act for any consulting service through a 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. 404. (a) None of the funds made available in this 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;

H. R. 1625—695
(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. 405. 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 either the House or Senate Committees on Appropriations
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, reorganizes, or restructures a branch, division,
office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted
to the Committees on Appropriations or the table accompanying
the explanatory statement accompanying this Act, whichever
is more detailed, unless prior approval is received from the
House and Senate Committees on Appropriations: Provided,
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 Senate and of
the House of Representatives to establish the baseline for
application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That the report shall
include—
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the President’s budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level;
(B) a delineation in the table for each appropriation
and its respective prior year enacted level by object class
and program, project, and activity as detailed in the budget
appendix for the respective appropriation; and

H. R. 1625—696
(C) an identification of items of special congressional
interest.
SEC. 406. Except as otherwise specifically provided by 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 the House and Senate Committees on Appropriations
for approval prior to the expenditure of such funds: Provided further,
That these requests shall be made in compliance with reprogramming guidelines under section 405 of this Act.
SEC. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power of
eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section, public use
shall not be construed to include economic development that primarily benefits private entities: Provided further, That any use
of funds for mass transit, railroad, airport, seaport or highway
projects, as well as utility projects which benefit or serve the general
public (including energy-related, communication-related, waterrelated and wastewater-related infrastructure), other structures
designated for use by the general public or which have other
common-carrier or public-utility functions that serve the general
public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to
public health and safety or brownfields as defined in the Small
Business Liability Relief and Brownfields Revitalization Act (Public
Law 107–118) shall be considered a public use for purposes of
eminent domain.
SEC. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 409. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a position,
other than a temporary position, formerly held by an employee
who has left to enter the Armed Forces of the United States and
has satisfactorily completed his or her period of active military
or naval service, and has within 90 days after his or her release
from such service or from hospitalization continuing after discharge
for a period of not more than 1 year, made application for restoration
to his or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the duties
of his or her former position and has not been restored thereto.
SEC. 410. 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 sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 8301–8305, popularly known
as the ‘‘Buy American Act’’).
SEC. 411. 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 the Buy American Act (41
U.S.C. 8301–8305).
SEC. 412. None of the funds made available in this Act may
be used for first-class airline accommodations in contravention of

H. R. 1625—697
sections 301–10.122 and 301–10.123 of title 41, Code of Federal
Regulations.
SEC. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code, or
exemption application under section 40109 of that title of an air
carrier already holding an air operators certificate issued by a
country that is party to the U.S.-E.U.-Iceland-Norway Air Transport
Agreement where such approval would contravene United States
law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign
air carrier permit or an exemption to such an air carrier where
such authorization is consistent with the U.S.-E.U.-Iceland-Norway
Air Transport Agreement and United States law.
SEC. 414. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees of a single agency or department of the United States
Government, who are stationed in the United States, at any single
international conference unless the relevant Secretary reports to
the House and Senate Committees on Appropriations at least 5
days in advance that such attendance is important to the national
interest: Provided, That for purposes of this section the term ‘‘international conference’’ shall mean a conference occurring outside of
the United States attended by representatives of the United States
Government and of foreign governments, international organizations, or nongovernmental organizations.
SEC. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section
1914 of title 28, United States Code.
SEC. 416. None of the funds made available by this Act may
be used by the Department of Transportation, the Department
of Housing and Urban Development, or any other Federal agency
to lease or purchase new light duty vehicles for any executive
fleet, or for an agency’s fleet inventory, except in accordance with
Presidential Memorandum—Federal Fleet Performance, dated May
24, 2011.
SEC. 417. (a) All unobligated balances, including recaptures
and carryover, remaining from funds appropriated in division K
of Public Law 115–31 for ‘‘Department of Transportation-Office
of the Secretary-Salaries and Expenses’’, ‘‘Department of Transportation-Office of the Secretary-Office of Civil Rights’’, ‘‘Department
of Transportation-Office of the Secretary-Small and Disadvantaged
Business Utilization and Outreach’’, ‘‘Department of TransportationFederal Transit Administration-Administrative Expenses’’, ‘‘Department of Transportation-Pipeline and Hazardous Materials Safety
Administration-Operational Expenses’’, ‘‘Access Board-Salaries and
Expenses’’, ‘‘Federal Maritime Commission-Salaries and Expenses’’,
‘‘National Railroad Passenger Corporation-Office of Inspector General-Salaries and Expenses’’, ‘‘National Transportation Safety
Board-Salaries and Expenses’’, and ‘‘United States Interagency
Council on Homelessness-Operating Expenses’’ are rescinded.

H. R. 1625—698
(b) All unobligated balances, including recaptures and carryover, remaining from funds appropriated in division K of Public
Law 115–31 for accounts under the headings ‘‘Department of
Housing and Urban Development-Management and Administration’’
and ‘‘Department of Housing and Urban Development-Program
Office Salaries and Expenses’’ are rescinded.
SEC. 418. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 419. (a) None of the funds made available in this Act
may 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 (5 U.S.C. App.), 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.
(b) 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.
(c) 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 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report
to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures to comply
with this requirement.
SEC. 420. (a) TERMINAL AERODROME FORECAST.—The Administrator shall permit an air carrier operation under part 121 of
title 14, Code of Federal Regulations, to operate to a destination
determined to be under visual flight rules without a Terminal
Aerodrome Forecast or Meteorological Aerodrome Report if a current
Area Forecast, supplemented by other local weather observations
or reports, is available, and an alternate airport that has an available Terminal Aerodome Forecast and weather report is specified.
The air carrier shall have approved procedures for dispatch and
enroute weather evaluation and shall operate under instrument
flight rules enroute to the destination.
(b) LIMITATION.—Without a written finding of necessity, based
on objective and historical evidence of imminent threat to safety,
the Administrator shall not promulgate any operation specification,
policy, or guidance document that is more restrictive than, or
requires procedures that are not expressly stated in, the regulations.
SEC. 421. Section 149(m) of title 23, United States Code, is
amended by adding ‘‘or on a State-Supported Amtrak route with
a valid cost-sharing agreement under section 209 of the Passenger
Rail Investment and Improvement Act of 2008 and no current
nonattainment areas under subsection (d),’’ after ‘‘2012,’’.

H. R. 1625—699
This division may be cited as the ‘‘Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2018’’.

DIVISION M—EXTENSIONS
TITLE I—AIRPORT AND AIRWAY
EXTENSION ACT OF 2018
SECTION 1. SHORT TITLE.

This title may be cited as the ‘‘Airport and Airway Extension
Act of 2018’’.

Subtitle A—Federal Aviation Programs
SEC. 101. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 48103(a) of
title 49, United States Code, is amended by striking ‘‘2012’’ and
all that follows through the period at the end and inserting ‘‘2012
through 2018.’’.
(b) PROJECT GRANT AUTHORITY.—Section 47104(c) of title 49,
United States Code, is amended in the matter preceding paragraph
(1) by striking ‘‘March 31, 2018,’’ and inserting ‘‘September 30,
2018,’’.
SEC. 102. EXTENSION OF EXPIRING AUTHORITIES.

(a) Section 47107(r)(3) of title 49, United States Code, is
amended by striking ‘‘April 1, 2018’’ and inserting ‘‘October 1,
2018’’.
(b) Section 47115(j) of title 49, United States Code, is amended
by striking ‘‘2017 and for the period beginning on October 1, 2017,
and ending on March 31, 2018’’ and inserting ‘‘2018’’.
(c) Section 47124(b)(3)(E) of title 49, United States Code, is
amended by striking ‘‘2012’’ and all that follows through ‘‘2018,’’
and inserting ‘‘2012 through 2018’’.
(d) Section 47141(f) of title 49, United States Code, is amended
by striking ‘‘March 31, 2018’’ and inserting ‘‘September 30, 2018’’.
(e) Section 186(d) of the Vision 100–Century of Aviation
Reauthorization Act (117 Stat. 2518) is amended by striking ‘‘2017
and for the period beginning on October 1, 2017, and ending on
March 31, 2018,’’ and inserting ‘‘2018’’.
(f) Section 409(d) of the Vision 100–Century of Aviation
Reauthorization Act (49 U.S.C. 41731 note) is amended by striking
‘‘March 31, 2018’’ and inserting ‘‘September 30, 2018’’.
(g) Section 411(h) of the FAA Modernization and Reform Act
of 2012 (49 U.S.C. 42301 prec. note) is amended by striking ‘‘March
31, 2018’’ and inserting ‘‘September 30, 2018’’.
(h) Section 822(k) of the FAA Modernization and Reform Act
of 2012 (49 U.S.C. 47141 note) is amended by striking ‘‘March
31, 2018’’ and inserting ‘‘September 30, 2018’’.
(i) Section 2306(b) of the FAA Extension, Safety, and Security
Act of 2016 (130 Stat. 641) is amended by striking ‘‘April 1, 2018’’
and inserting ‘‘October 1, 2018’’.

H. R. 1625—700
SEC. 103. FEDERAL AVIATION ADMINISTRATION OPERATIONS.

Section 106(k) of title 49, United States Code, is amended—
(1) in paragraph (1) by striking subparagraph (F) and
inserting the following:
‘‘(F) $10,025,852,000 for fiscal year 2018.’’; and
(2) in paragraph (3) by striking ‘‘2017 and for the period
beginning on October 1, 2017, and ending on March 31, 2018’’
and inserting ‘‘2018’’.
SEC. 104. SMALL COMMUNITY AIR SERVICE.

(a)
ESSENTIAL
AIR
SERVICE
AUTHORIZATION.—Section
41742(a)(2) of title 49, United States Code, is amended by striking
‘‘2016’’ and all that follows through ‘‘2018,’’ and inserting ‘‘2016
and 2017, and $150,000,000 for fiscal year 2018’’.
(b) AIRPORTS NOT RECEIVING SUFFICIENT SERVICE.—Section
41743(e)(2) of title 49, United States Code, is amended by striking
‘‘2012’’ and all that follows through ‘‘2018,’’ and inserting ‘‘2012
through 2017 and $10,000,000 for fiscal year 2018’’.
SEC. 105. AIR NAVIGATION FACILITIES AND EQUIPMENT.

Section 48101(a) of title 49, United States Code, is amended—
(1) in paragraph (5) by striking ‘‘2016 and 2017’’ and
inserting ‘‘2016 through 2018’’; and
(2) by striking paragraph (6).
SEC. 106. RESEARCH, ENGINEERING, AND DEVELOPMENT.

Section 48102(a)(10) of title 49, United States Code, is amended
to read as follows:
‘‘(10) $176,500,000 for fiscal year 2018.’’.
SEC. 107. FUNDING FOR AVIATION PROGRAMS.

The budget authority authorized in this title, including the
amendments made by this title, shall be deemed to satisfy the
requirements of subsections (a)(1)(B) and (a)(2) of section 48114
of title 49, United States Code, for fiscal year 2018.
SEC. 108. CONTROLLER HIRING.

Section 44506(f) of title 49, United States Code, is amended—
(1) in paragraph (1) by adding at the end the following:
‘‘(C) SPECIAL RULE.—
‘‘(i) IN GENERAL.—Notwithstanding subparagraph
(B), after giving preferential consideration to applicants
under subparagraph (A) and if, after consulting with
the labor organization recognized as the exclusive representative of air traffic controllers under section 7111
of title 5, the Administrator determines there are
unique circumstances affecting a covered facility that
warrant a vacancy announcement with a limited area
of consideration, the Administrator may consider
applicants for the position of air traffic controller who
apply under a vacancy announcement recruiting from
the local commuting area for that covered facility.
‘‘(ii) BIOGRAPHICAL ASSESSMENTS.—The Administrator shall not use any biographical assessment with
respect to an applicant under this subparagraph who
would otherwise qualify as a Pool 1 applicant under
subparagraph (B)(ii).

H. R. 1625—701
‘‘(iii) COVERED FACILITY DEFINED.—In this subparagraph the term ‘covered facility’ means a radar facility
with at least 1,000,000 operations annually that is
located in a metropolitan statistical area (as defined
by the Office of Management and Budget) with a population estimate by the Bureau of the Census of more
than 15,000,000 (as of July 1, 2016).’’; and
(2) in paragraph (3)—
(A) by inserting ‘‘except for individuals covered by the
program described in paragraph (4),’’ after ‘‘section 3307
of title 5,’’; and
(B) by adding at the end the following:
‘‘(4) RETIRED MILITARY CONTROLLERS.—The Administrator
may establish a program to provide an original appointment
to a position as an air traffic controller for individuals who—
‘‘(A) are on terminal leave pending retirement from
active duty military service or have retired from active
duty military service within 5 years of applying for the
appointment; and
‘‘(B) have held either an air traffic certification or
air traffic control facility rating according to Administration
standards within 5 years of applying for the appointment.’’.

Subtitle B—Aviation Revenue Provisions
SEC. 201. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY
TRUST FUND.

(a) IN GENERAL.—Section 9502(d)(1) of the Internal Revenue
Code of 1986 is amended—
(1) in the matter preceding subparagraph (A) by striking
‘‘April 1, 2018’’ and inserting ‘‘October 1, 2018’’; and
(2) in subparagraph (A) by striking the semicolon at the
end and inserting ‘‘or the Airport and Airway Extension Act
of 2018;’’.
(b) CONFORMING AMENDMENT.—Section 9502(e)(2) of such Code
is amended by striking ‘‘April 1, 2018’’ and inserting ‘‘October
1, 2018’’.
SEC. 202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY
TRUST FUND.

(a) FUEL TAXES.—Section 4081(d)(2)(B) of the Internal Revenue
Code of 1986 is amended by striking ‘‘March 31, 2018’’ and inserting
‘‘September 30, 2018’’.
(b) TICKET TAXES.—
(1) PERSONS.—Section 4261(k)(1)(A)(ii) of such Code is
amended by striking ‘‘March 31, 2018’’ and inserting ‘‘September 30, 2018’’.
(2) PROPERTY.—Section 4271(d)(1)(A)(ii) of such Code is
amended by striking ‘‘March 31, 2018’’ and inserting ‘‘September 30, 2018’’.
(c) FRACTIONAL OWNERSHIP PROGRAMS.—
(1) TREATMENT AS NONCOMMERCIAL AVIATION.—Section
4083(b) of such Code is amended by striking ‘‘April 1, 2018’’
and inserting ‘‘October 1, 2018’’.

H. R. 1625—702
(2) EXEMPTION FROM TICKET TAXES.—Section 4261(j) of such
Code is amended by striking ‘‘March 31, 2018’’ and inserting
‘‘September 30, 2018’’.
TITLE II—IMMIGRATION EXTENSIONS
SEC. 201. Section 401(b) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
shall be applied by substituting ‘‘September 30, 2018’’ for ‘‘September 30, 2015’’.
SEC. 202. Subclauses 101(a)(27)(C)(ii)(II) and (III) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)(II) and
(III)) shall be applied by substituting ‘‘September 30, 2018’’ for
‘‘September 30, 2015’’.
SEC. 203. Section 220(c) of the Immigration and Nationality
Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be
applied by substituting ‘‘September 30, 2018’’ for ‘‘September 30,
2015’’.
SEC. 204. Section 610(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied by substituting
‘‘September 30, 2018’’ for ‘‘September 30, 2015’’.
SEC. 205. Notwithstanding the numerical limitation set forth
in section 214(g)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(1)(B)), the Secretary of Homeland Security, after
consultation with the Secretary of Labor, and upon the determination that the needs of American businesses cannot be satisfied
in fiscal year 2018 with United States workers who are willing,
qualified, and able to perform temporary nonagricultural labor,
may increase the total number of aliens who may receive a visa
under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation by
not more than the highest number of H–2B nonimmigrants who
participated in the H–2B returning worker program in any fiscal
year in which returning workers were exempt from such numerical
limitation.
TITLE III—NATIONAL FLOOD INSURANCE PROGRAM
EXTENSION
SEC. 301. Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied
by substituting ‘‘July 31, 2018’’ for ‘‘September 30, 2017’’.
TITLE IV—PESTICIDE REGISTRATION IMPROVEMENT ACT
EXTENSION
SEC. 401. (a) The following sections of the Federal Insecticide,
Fungicide, and Rodenticide Act shall continue in effect through
September 30, 2018—
(1) subparagraphs (C) through (E) of section 4(i)(1) (7
U.S.C. 136a–1(i)(1)(C)–(E));
(2) section 4(k)(3) (7 U.S.C. 136a–1(k)(3));
(3) section 4(k)(4) (7 U.S.C. 136a–1(k)(4)); and
(4) section 33(c)(3)(B) (7 U.S.C. 136w–8(c)(3)(B)).

H. R. 1625—703
(b)(1) Section 4(i)(1)(I) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136a–1(i)(1)(I)) shall be applied by
substituting ‘‘September 30, 2018’’ for ‘‘September 30, 2017’’.
(2) Notwithstanding section 33(m)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(m)(2)),
section 33(m)(1) of such Act (7 U.S.C. 136w–8(m)(1)) shall be
applied by substituting ‘‘September 30, 2018’’ for ‘‘September
30, 2017’’.
(c) Section 408(m)(3) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 346a(m)(3)) shall be applied by substituting ‘‘September 30, 2018’’ for ‘‘September 30, 2017’’.

TITLE V—GENERALIZED SYSTEM OF
PREFERENCES
SEC. 501. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES.

(a) IN GENERAL.—Section 505 of the Trade Act of 1974 (19
U.S.C. 2465) is amended by striking ‘‘December 31, 2017’’ and
inserting ‘‘December 31, 2020’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendment made by subsection (a)
shall apply to articles entered on or after the 30th day after
the date of the enactment of this Act.
(2) RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS
AND RELIQUIDATIONS.—
(A) IN GENERAL.—Notwithstanding section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514) or any other provision
of law and subject to subparagraph (B), any entry of a
covered article to which duty-free treatment or other preferential treatment under title V of the Trade Act of 1974
(19 U.S.C. 2461 et seq.) would have applied if the entry
had been made on December 31, 2017, that was made—
(i) after December 31, 2017, and
(ii) before the effective date specified in paragraph
(1),
shall be liquidated or reliquidated as though such entry
occurred on the effective date specified in paragraph (1).
(B) REQUESTS.—A liquidation or reliquidation may be
made under subparagraph (A) with respect to an entry
only if a request therefor is filed with U.S. Customs and
Border Protection not later than 180 days after the date
of the enactment of this Act that contains sufficient
information to enable U.S. Customs and Border Protection—
(i) to locate the entry; or
(ii) to reconstruct the entry if it cannot be located.
(C) PAYMENT OF AMOUNTS OWED.—Any amounts owed
by the United States pursuant to the liquidation or
reliquidation of an entry of a covered article under subparagraph (A) shall be paid, without interest, not later than
90 days after the date of the liquidation or reliquidation
(as the case may be).
(3) DEFINITIONS.—In this subsection:

H. R. 1625—704
(A) COVERED ARTICLE.—The term ‘‘covered article’’
means an article from a country that is a beneficiary developing country under title V of the Trade Act of 1974 (19
U.S.C. 2461 et seq.) as of the effective date specified in
paragraph (1).
(B) ENTER; ENTRY.—The terms ‘‘enter’’ and ‘‘entry’’
include a withdrawal from warehouse for consumption.
(c) ANNUAL REPORT ON ENFORCEMENT OF ELIGIBILITY CRITERIA.—Not later than 1 year after the date of the enactment
of this Act, and annually thereafter through December 31, 2020,
the United States Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate a report on efforts to
ensure that countries designated as beneficiary developing countries
under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.)
are meeting the eligibility criteria set forth in section 502(c) of
such Act (19 U.S.C. 2462(c)).
SEC. 502. TECHNICAL MODIFICATION TO PROCEDURES FOR COMPETITIVE NEED LIMITATION AND WAIVERS.

Section 503 of the Trade Act of 1974 (19 U.S.C. 2463) is
amended—
(1) in subsection (c)(2)—
(A) in the matter following subparagraph (A)(i)(II), by
striking ‘‘July 1’’ and inserting ‘‘November 1’’; and
(B) in subparagraph (E), by striking ‘‘on January 1,
1995’’ and inserting ‘‘in any of the preceding 3 calendar
years’’; and
(2) in subsection (d), by striking ‘‘July 1’’ each place it
appears and inserting ‘‘November 1’’.
SEC. 503. CUSTOMS USER FEES.

Section 13031(j)(3)(A) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is amended by
striking ‘‘February 24, 2027’’ and inserting ‘‘July 21, 2027’’.

TITLE VI—JUDICIAL REDACTION
AUTHORITY EXTENSION
SEC. 601. EXTENSION OF REDACTION AUTHORITY CONCERNING SENSITIVE SECURITY INFORMATION.

Section 105(b)(3)(E) of the Ethics in Government Act of 1978
(5 U.S.C. App.) is amended by striking ‘‘2017’’ both places it appears
and inserting ‘‘2027’’.

TITLE VII—BUDGETARY EFFECTS
SEC. 701. BUDGETARY EFFECTS.

(a) STATUTORY PAYGO SCORECARDS.—The budgetary effects
of this division and each succeeding division shall not be entered
on either PAYGO scorecard maintained pursuant to section 4(d)
of the Statutory Pay-As-You-Go Act of 2010.
(b) SENATE PAYGO SCORECARDS.—The budgetary effects of this
division and each succeeding division shall not be entered on any

H. R. 1625—705
PAYGO scorecard maintained for purposes of section 4106 of H.
Con. Res. 71 (115th Congress).
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the
budgetary effects of this division and each succeeding division shall
not be estimated—
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.

DIVISION N—BUILD ACT
SECTION 1. SHORT TITLE.

This division may be cited as the ‘‘Brownfields Utilization,
Investment, and Local Development Act of 2018’’ or the ‘‘BUILD
Act’’.
SEC. 2. REDEVELOPMENT CERTAINTY FOR GOVERNMENTAL ENTITIES.

Section 101(20)(D) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(20)) is amended by striking ‘‘ownership or control’’ and all
that follows through ‘‘by virtue’’ and inserting ‘‘ownership or control
through seizure or otherwise in connection with law enforcement
activity, or through bankruptcy, tax delinquency, abandonment,
or other circumstances in which the government acquires title by
virtue’’.
SEC. 3. ALASKA NATIVE VILLAGE AND NATIVE CORPORATION RELIEF.

Section 101(20) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)) is
amended—
(1) by redesignating subparagraphs (E) through (G) as subparagraphs (F) through (H), respectively;
(2) by inserting after subparagraph (D) the following:
‘‘(E) EXCLUSION OF CERTAIN ALASKA NATIVE VILLAGES
AND NATIVE CORPORATIONS.—
‘‘(i) IN GENERAL.—The term ‘owner or operator’
does not include, with respect to a facility conveyed
to a Native village or Native Corporation (as those
terms are defined in section 3 of the Alaska Native
Claims Settlement Act) under the Alaska Native
Claims Settlement Act—
‘‘(I) the Native village or Native Corporation
that received the facility from the United States
Government; or
‘‘(II) a successor in interest to which the
facility was conveyed under section 14(c) of such
Act.
‘‘(ii) LIMITATION.—The exclusion provided under
this subparagraph shall not apply to any entity
described in clause (i) that causes or contributes to

H. R. 1625—706
a release or threatened release of a hazardous substance from the facility conveyed as described in such
clause.’’;
(3) in subparagraph (G) (as so redesignated), in the matter
preceding clause (i), by striking ‘‘subparagraph (E)’’ and
inserting ‘‘subparagraph (F)’’; and
(4) in clause (i)(II) of subparagraph (H) (as so redesignated),
by striking ‘‘1813)’’ and inserting ‘‘1813))’’.
SEC. 4. PETROLEUM BROWNFIELD ENHANCEMENT.

Section 101(39)(D)(ii)(II) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601(39)(D)(ii)(II)) is amended by amending item (bb) to read as
follows:
‘‘(bb) is a site for which there is no viable responsible party
and that is determined by the Administrator or the State, as appropriate, to be a site that will be assessed, investigated, or cleaned
up by a person that is not potentially liable for cleaning up the
site under this Act or any other law pertaining to the cleanup
of petroleum products; and’’.
SEC. 5. PROSPECTIVE PURCHASERS AND LESSEES.

(a) BONA FIDE PROSPECTIVE PURCHASER.—Section 101(40) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(40)) is amended—
(1) in subparagraph (B)—
(A) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately;
(B) in subclause (I) (as so redesignated), by striking
‘‘clauses (ii) and (iii)’’ and inserting ‘‘subclauses (II) and
(III)’’;
(C) in subclause (II) (as so redesignated), by striking
‘‘subparagraph’’ and inserting ‘‘clause’’; and
(D) in subclause (III) (as so redesignated), by striking
‘‘subparagraph’’ and inserting ‘‘clause’’;
(2) in subparagraph (D), by redesignating clauses (i)
through (iii) as subclauses (I) through (III), respectively, and
indenting appropriately;
(3) in subparagraph (F), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively, and indenting appropriately;
(4) in subparagraph (H)—
(A) in clause (i)—
(i) in subclause (II), by inserting ‘‘, by a tenancy,
by the instruments by which a leasehold interest in
the facility is created,’’ after ‘‘financed’’; and
(ii) by redesignating subclauses (I) and (II) as items
(aa) and (bb), respectively, and indenting appropriately;
and
(B) by redesignating clauses (i) and (ii) as subclauses
(I) and (II), respectively, and indenting appropriately;
(5) by redesignating subparagraphs (B) through (H) as
clauses (ii) through (viii), respectively, and indenting appropriately; and
(6) by striking the paragraph designation and heading and
all that follows through ‘‘All disposal of’’ in subparagraph (A)
and inserting the following:

H. R. 1625—707
‘‘(40) BONA FIDE PROSPECTIVE PURCHASER.—
‘‘(A) IN GENERAL.—The term ‘bona fide prospective purchaser’ means, with respect to a facility—
‘‘(i) a person who—
‘‘(I) acquires ownership of the facility after
January 11, 2002; and
‘‘(II) establishes by a preponderance of the evidence each of the criteria described in clauses (i)
through (viii) of subparagraph (B); and
‘‘(ii) a person—
‘‘(I) who acquires a leasehold interest in the
facility after January 11, 2002;
‘‘(II) who establishes by a preponderance of
the evidence that the leasehold interest is not
designed to avoid liability under this Act by any
person; and
‘‘(III) with respect to whom any of the following
conditions apply:
‘‘(aa) The owner of the facility that is subject to the leasehold interest is a person
described in clause (i).
‘‘(bb)(AA) The owner of the facility that
is subject to the leasehold interest was a person described in clause (i) at the time the
leasehold interest was acquired, but can no
longer establish by a preponderance of the
evidence each of the criteria described in
clauses (i) through (viii) of subparagraph (B)
due to circumstances unrelated to any action
of the person who holds the leasehold interest;
and
‘‘(BB) the person who holds the leasehold
interest establishes by a preponderance of the
evidence each of the criteria described in
clauses (i), (iii), (iv), (v), (vi), (vii), and (viii)
of subparagraph (B).
‘‘(cc) The person who holds the leasehold
interest establishes by a preponderance of the
evidence each of the criteria described in
clauses (i) through (viii) of subparagraph (B).
‘‘(B) CRITERIA.—The criteria described in this subparagraph are as follows:
‘‘(i) DISPOSAL PRIOR TO ACQUISITION.—All disposal
of’’.
(b) LIMITATION ON LIABILITY.—Section 107(r)(1) of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9607(r)(1)) is amended by striking ‘‘purchaser’s’’ and inserting ‘‘bona fide prospective purchaser’’.
SEC. 6. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS.

Section 104(k)(1) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)(1)) is amended—
(1) in subparagraph (G), by striking ‘‘or’’ after the semicolon;
(2) in subparagraph (H), by striking the period at the
end and inserting a semicolon; and

H. R. 1625—708
(3) by adding at the end the following:
‘‘(I) an organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code;
‘‘(J) a limited liability corporation in which all managing members are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I);
‘‘(K) a limited partnership in which all general partners
are organizations described in subparagraph (I) or limited
liability corporations whose sole members are organizations
described in subparagraph (I); or
‘‘(L) a qualified community development entity (as
defined in section 45D(c)(1) of the Internal Revenue Code
of 1986).’’.
SEC. 7. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD
SITES.

Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is
amended—
(1) in paragraph (2), by adding at the end the following:
‘‘(C) EXEMPTION FOR CERTAIN PUBLICLY OWNED
BROWNFIELD SITES.—Notwithstanding paragraph (5)(B)(iii),
an eligible entity described in any of subparagraphs (A)
through (H) of paragraph (1) may receive a grant under
this paragraph for property acquired by that eligible entity
prior to January 11, 2002, even if the eligible entity does
not qualify as a bona fide prospective purchaser, so long
as the eligible entity has not caused or contributed to
a release or threatened release of a hazardous substance
at the property.’’; and
(2) in paragraph (3), by adding at the end the following:
‘‘(E) EXEMPTION FOR CERTAIN PUBLICLY OWNED
BROWNFIELD SITES.—Notwithstanding paragraph (5)(B)(iii),
an eligible entity described in any of subparagraphs (A)
through (H) of paragraph (1) may receive a grant or loan
under this paragraph for property acquired by that eligible
entity prior to January 11, 2002, even if the eligible entity
does not qualify as a bona fide prospective purchaser, so
long as the eligible entity has not caused or contributed
to a release or threatened release of a hazardous substance
at the property.’’.
SEC. 8. INCREASED FUNDING FOR REMEDIATION GRANTS.

Section 104(k)(3)(A)(ii) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)(3)(A)(ii)) is amended by striking ‘‘$200,000 for each site
to be remediated’’ and inserting ‘‘$500,000 for each site to be remediated, which limit may be waived by the Administrator, but not
to exceed a total of $650,000 for each site, based on the anticipated
level of contamination, size, or ownership status of the site’’.
SEC. 9. MULTIPURPOSE BROWNFIELDS GRANTS.

Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is
amended—

H. R. 1625—709
(1) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively;
(2) in paragraph (3)(A), in the matter preceding clause
(i), by striking ‘‘Subject to paragraphs (4) and (5)’’ and inserting
‘‘Subject to paragraphs (5) and (6)’’;
(3) by inserting after paragraph (3) the following:
‘‘(4) MULTIPURPOSE BROWNFIELDS GRANTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (D) and
paragraphs (5) and (6), the Administrator shall establish
a program to provide multipurpose grants to an eligible
entity based on the criteria under subparagraph (C) and
the considerations under paragraph (3)(C), to carry out
inventory, characterization, assessment, planning, or
remediation activities at 1 or more brownfield sites in
an area proposed by the eligible entity.
‘‘(B) GRANT AMOUNTS.—
‘‘(i) INDIVIDUAL GRANT AMOUNTS.—Each grant
awarded under this paragraph shall not exceed
$1,000,000.
‘‘(ii) CUMULATIVE GRANT AMOUNTS.—The total
amount of grants awarded for each fiscal year under
this paragraph may not exceed 15 percent of the funds
made available for the fiscal year to carry out this
subsection.
‘‘(C) CRITERIA.—In awarding a grant under this paragraph, the Administrator shall consider the extent to which
the eligible entity is able—
‘‘(i) to provide an overall plan for revitalization
of the 1 or more brownfield sites in the proposed area
in which the multipurpose grant will be used;
‘‘(ii) to demonstrate a capacity to conduct the range
of eligible activities that will be funded by the multipurpose grant; and
‘‘(iii) to demonstrate that a multipurpose grant
will meet the needs of the 1 or more brownfield sites
in the proposed area.
‘‘(D) CONDITION.—As a condition of receiving a grant
under this paragraph, each eligible entity shall expend
the full amount of the grant by not later than the date
that is 5 years after the date on which the grant is awarded
to the eligible entity, unless the Administrator provides
an extension.
‘‘(E) OWNERSHIP.—An eligible entity that receives a
grant under this paragraph may not expend any of the
grant funds for the remediation of a brownfield site unless
the eligible entity owns the brownfield site.’’; and
(4) by striking ‘‘paragraph (2) or (3)’’ each place it appears
and inserting ‘‘paragraph (2), (3), or (4)’’.
SEC. 10. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS.

Paragraph (5) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)) (as redesignated by section 9 of this Act) is
amended—
(1) by amending subparagraph (B) to read as follows:
‘‘(B) PROHIBITION.—No part of a grant or loan under
this subsection may be used for the payment of—

H. R. 1625—710
‘‘(i) a penalty or fine;
‘‘(ii) a Federal cost-share requirement;
‘‘(iii) a response cost at a brownfield site for which
the recipient of the grant or loan is potentially liable
under section 107; or
‘‘(iv) a cost of compliance with any Federal law
(including a Federal law specified in section
101(39)(B)), excluding the cost of compliance with laws
applicable to the cleanup.’’; and
(2) by adding at the end the following:
‘‘(E) ADMINISTRATIVE COSTS.—
‘‘(i) IN GENERAL.—An eligible entity may use up
to 5 percent of the amounts made available under
a grant or loan under this subsection for administrative
costs.
‘‘(ii) RESTRICTION.—For purposes of clause (i), the
term ‘administrative costs’ does not include—
‘‘(I) investigation and identification of the
extent of contamination of a brownfield site;
‘‘(II) design and performance of a response
action; or
‘‘(III) monitoring of a natural resource.’’.
SEC. 11. GRANT APPLICATIONS.

(a) WATERFRONT BROWNFIELDS GRANTS; CLEAN ENERGY ON
BROWNFIELD SITES.—Paragraph (6)(C) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 9 of
this Act) is amended by adding at the end the following:
‘‘(xi) The extent to which a grant would address
a site adjacent to a body of water or a federally designated flood plain.
‘‘(xii) The extent to which a grant would facilitate—
‘‘(I) the location at a brownfield site of a facility
that generates renewable electricity from wind,
solar, or geothermal energy; or
‘‘(II) any energy efficiency improvement project
at a brownfield site, including a project for a combined heat and power system or a district energy
system.’’.
(b) REPORT ON RANKING CRITERIA.—Paragraph (6) of section
104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated
by section 9 of this Act) is amended by adding at the end the
following:
‘‘(D) REPORT ON RANKING CRITERIA.—Not later than
September 30, 2022, the Administrator shall submit to
Congress a report regarding the Administrator’s use of
the ranking criteria described in subparagraph (C) in
awarding grants under this subsection.’’.
SEC. 12. AUDITS.

Paragraph (8) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)) (as redesignated by section 9 of this Act) is amended
by striking ‘‘3 years after the date of the enactment of this subsection’’ and inserting ‘‘September 30, 2022’’.

H. R. 1625—711
SEC. 13. BROWNFIELDS FUNDING.

Paragraph (13) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)) (as redesignated by section 9 of this Act) is amended
to read as follows:
‘‘(13) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection
$200,000,000 for each of fiscal years 2019 through 2023.’’.
SEC. 14. SMALL COMMUNITY TECHNICAL ASSISTANCE GRANTS.

(a) IN GENERAL.—Section 128(a)(1)(B) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9628(a)(1)(B)) is amended—
(1) in clause (ii)—
(A) in subclause (I), by striking ‘‘; or’’ and inserting
a semicolon;
(B) in subclause (II), by striking the period at the
end and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(III) assist small communities, Indian tribes,
rural areas, or disadvantaged areas in carrying
out activities described in section 104(k)(7)(A) with
respect to brownfield sites.’’; and
(2) by adding at the end the following:
‘‘(iii) SMALL COMMUNITIES, INDIAN TRIBES, RURAL
AREAS, AND DISADVANTAGED AREAS.—
‘‘(I) IN GENERAL.—To make grants to States
or Indian tribes under clause (ii)(III), the Administrator may use, in addition to amounts available
to carry out this subsection, not more than
$1,500,000 of the amounts made available to carry
out section 104(k)(7) in each fiscal year.
‘‘(II) LIMITATION.—Each grant made under
subclause (I) may be not more than $20,000.
‘‘(III) INCLUSION IN OTHER GRANTS.—The
Administrator may, at the request of a State or
Indian tribe, include a grant under this clause
in any other grant to the State or Indian tribe
made under this subsection.
‘‘(iv) DEFINITIONS.—In this subparagraph:
‘‘(I) DISADVANTAGED AREA.—The term ‘disadvantaged area’ means a community with an
annual median household income that is less than
80 percent of the statewide annual median household income, as determined by the President based
on the latest available decennial census.
‘‘(II) SMALL COMMUNITY.—The term ‘small
community’ means a community with a population
of not more than 15,000 individuals, as determined
by the President based on the latest available
decennial census.’’.
(b) CONFORMING AMENDMENT.—Section 104(g)(1) of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9604(g)(1)) is amended by inserting ‘‘or
section 128(a)(1)(B)(ii)(III)’’ after ‘‘under this section’’.

H. R. 1625—712
SEC. 15. STATE RESPONSE PROGRAM FUNDING.

Section 128(a)(3) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9628(a)(3)) is amended to read as follows:
‘‘(3) FUNDING.—There is authorized to be appropriated to
carry out this subsection $50,000,000 for each of fiscal years
2019 through 2023.’’.

DIVISION O—WILDFIRE SUPPRESSION
FUNDING AND FOREST MANAGEMENT
ACTIVITIES ACT
SEC. 101. SHORT TITLE.

This division may be cited as the ‘‘Wildfire Suppression Funding
and Forest Management Activities Act’’.

TITLE I—WILDFIRE AND DISASTER
FUNDING ADJUSTMENT
SEC. 102. WILDFIRE AND DISASTER FUNDING ADJUSTMENT.

(a) Section 251(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended—
(1) in subparagraph (D)(i), by striking subclauses (I) and
(II) and inserting the following—
‘‘(I) the average over the previous 10 years
(excluding the highest and lowest years) of the
sum of the funding provided for disaster relief
(as that term is defined on the date immediately
before the date of enactment of the Wildfire
Suppression Funding and Forest Management
Activities Act);
‘‘(II) notwithstanding clause (iv), starting in
fiscal year 2018, five percent of the total appropriations provided after fiscal year 2011 or in the
previous 10 years, whichever is less, net of any
rescissions of budget authority enacted in the same
period, with respect to amounts provided for major
disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) and designated by the
Congress and the President as an emergency
pursuant to subparagraph (A)(i) of this paragraph;
and
‘‘(III) the cumulative net total of the unused
carryover for fiscal year 2018 and all subsequent
fiscal years, where the unused carryover for each
fiscal year is calculated as the sum of the amounts
in subclauses (I) and (II) less the enacted appropriations for that fiscal year that have been designated as being for disaster relief.’’;
(2) in subparagraph (D)(ii), by striking ‘‘not later than
30 days after the date of enactment of the Budget Control
Act of 2011’’ and inserting ‘‘not later than 30 days after the

H. R. 1625—713
date of enactment of the Wildfire Suppression Funding and
Forest Management Activities Act’’; and
(3) by adding at the end the following:
‘‘(F) WILDFIRE SUPPRESSION.—
‘‘(i) ADDITIONAL NEW BUDGET AUTHORITY.—If, for
fiscal years 2020 through 2027, a bill or joint resolution
making appropriations for a fiscal year is enacted that
provides an amount for wildfire suppression operations
in the Wildland Fire Management accounts at the
Department of Agriculture or the Department of the
Interior, then the adjustments for that fiscal year shall
be the amount of additional new budget authority provided in that Act for wildfire suppression operations
for that fiscal year, but shall not exceed—
‘‘(I) for fiscal year 2020, $2,250,000,000;
‘‘(II) for fiscal year 2021, $2,350,000,000;
‘‘(III) for fiscal year 2022, $2,450,000,000;
‘‘(IV) for fiscal year 2023, $2,550,000,000;
‘‘(V) for fiscal year 2024, $2,650,000,000;
‘‘(VI) for fiscal year 2025, $2,750,000,000;
‘‘(VII) for fiscal year 2026, $2,850,000,000; and
‘‘(VIII) for fiscal year 2027, $2,950,000,000.
‘‘(ii) DEFINITIONS.—In this subparagraph:
‘‘(I) ADDITIONAL NEW BUDGET AUTHORITY.—
The term ‘additional new budget authority’ means
the amount provided for a fiscal year in an appropriation Act that is in excess of the average costs
for wildfire suppression operations as reported in
the budget of the President submitted under section 1105(a) of title 31, United States Code, for
fiscal year 2015 and are specified to pay for the
costs of wildfire suppression operations in an
amount not to exceed the amount specified for
that fiscal year in clause (i).
‘‘(II) WILDFIRE SUPPRESSION OPERATIONS.—The
term ‘wildfire suppression operations’ means the
emergency and unpredictable aspects of wildland
firefighting, including—
‘‘(aa) support, response, and emergency
stabilization activities;
‘‘(bb) other emergency management activities; and
‘‘(cc) the funds necessary to repay any
transfers needed for the costs of wildfire
suppression operations.’’.
(b) The amendment made by paragraph (1) of subsection (a)
shall begin to apply in fiscal year 2019.
SEC. 103. REQUEST FOR ADDITIONAL WILDFIRE SUPPRESSION FUNDS.

If the amount provided for wildfire suppression operations for
that fiscal year will be exhausted within 30 calendar days, the
Secretary of the Interior or the Secretary of Agriculture (as
applicable), in consultation with the Director of the Office of
Management and Budget, shall promptly submit a request to Congress for supplemental appropriations.

H. R. 1625—714
SEC. 104. REPORTING REQUIREMENTS.

(a) IN GENERAL.—Not later than 90 days after the end of
the fiscal year for which additional new budget authority is used,
pursuant to section 251(b)(2)(F)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(F)(i)),
as added by section 102 of this division, the Secretary of the
Interior or the Secretary of Agriculture (as applicable), in consultation with the Director of the Office of Management and Budget,
shall—
(1) prepare an annual report with respect to the additional
new budget authority;
(2) submit to the Committees on Appropriations, the
Budget, and Natural Resources of the House of Representatives
and the Committees on Appropriations, the Budget, and Energy
and Natural Resources of the Senate the annual report prepared under paragraph (1); and
(3) make the report prepared under paragraph (1) available
to the public.
(b) COMPONENTS.—The annual report prepared under subsection (a)(1) shall—
(1) document obligations and outlays of the additional new
budget authority for wildfire suppression operations;
(2) identify risk-based factors that influenced management
decisions with respect to wildfire suppression operations;
(3) analyze a statistically significant sample of large fires,
including an analysis for each fire of—
(A) cost drivers;
(B) the effectiveness of risk management techniques
and whether fire operations strategy tracked the risk
assessment;
(C) any resulting ecological or other benefits to the
landscape;
(D) the impact of investments in wildfire suppression
operations preparedness;
(E) effectiveness of wildfire suppression operations,
including an analysis of resources lost versus dollars
invested;
(F) effectiveness of any fuel treatments on fire behavior
and suppression expenditures;
(G) levels of exposure experienced by firefighters;
(H) suggested corrective actions; and
(I) any other factors the Secretary of the Interior or
Secretary of Agriculture (as applicable) determines to be
appropriate;
(4) include an accounting of overall fire management and
spending by the Department of the Interior or the Department
of Agriculture, which shall be analyzed by fire size, cost,
regional location, and other factors;
(5) describe any lessons learned in the conduct of wildfire
suppression operations; and
(6) include any other elements that the Secretary of the
Interior or the Secretary of Agriculture (as applicable) determines to be necessary.

H. R. 1625—715

TITLE II—FOREST MANAGEMENT
ACTIVITIES
SEC. 201. DEFINITIONS.

In this title:
(1) NATIONAL FOREST SYSTEM.—The term ‘‘National Forest
System’’ has the meaning given the term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1609(a)).
(2) PUBLIC LAND.—The term ‘‘public land’’ has the meaning
given the term ‘‘public lands’’ in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(3) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ means—
(A) the Secretary of Agriculture, with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to public
land.
SEC. 202. WILDFIRE RESILIENCE PROJECTS.

Insert at the end of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6511) the following new section:
‘‘SEC. 605. WILDFIRE RESILIENCE PROJECTS.

‘‘(a) IN GENERAL.—Hazardous fuels reduction projects, as
defined in the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6511(2)) may be—
‘‘(1) carried out in accordance with subsections (b), (c),
and (d) of section 102 and sections 104 and 105;
‘‘(2) considered an action categorically excluded from the
requirements of Public Law 91–190 (42 U.S.C. 4321 et seq.);
and
‘‘(3) exempt from the special administrative review process
under section 105.
‘‘(b) COLLABORATIVE RESTORATION PROJECT.—
‘‘(1) IN GENERAL.—A project referred to in subsection (a)
is a project to carry out forest restoration treatments that—
‘‘(A) maximizes the retention of old-growth and large
trees, as appropriate for the forest type, to the extent
that the trees promote stands that are resilient to insects
and disease, and reduce the risk or extent of, or increase
the resilience to, wildfires;
‘‘(B) considers the best available scientific information
to maintain or restore the ecological integrity, including
maintaining or restoring structure, function, composition,
and connectivity; and
‘‘(C) is developed and implemented through a collaborative process that—
‘‘(i) includes multiple interested persons representing diverse interests; and
‘‘(ii)(I) is transparent and nonexclusive; or
‘‘(II) meets the requirements for a resource
advisory committee under subsections (c) through
(f) of section 205 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16
U.S.C. 7125).

H. R. 1625—716
‘‘(2) INCLUSION.—A project under this subsection may carry
out part of a proposal that complies with the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 4003(b) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303(b)).
‘‘(c) LIMITATIONS.—
‘‘(1) PROJECT SIZE.—A project under this section may not
exceed 3000 acres.
‘‘(2) LOCATION.—A project under this section shall be—
‘‘(A) Prioritized within the wildland-urban interface;
‘‘(B) If located outside the wildland-urban interface,
limited to areas within Condition Classes 2 or 3 in Fire
Regime Groups I, II, or III that contain very high wildfire
hazard potential; and
‘‘(C) Limited to areas designated under section 602(b)
as of the date of enactment of this Act.
‘‘(3) ROADS.—
‘‘(A) PERMANENT ROADS.—
‘‘(i) PROHIBITION ON ESTABLISHMENT.—A project
under this section shall not include the establishment
of permanent roads.
‘‘(ii) EXISTING ROADS.—The Secretary may carry
out necessary maintenance and repairs on existing
permanent roads for the purposes of this section.
‘‘(B) TEMPORARY ROADS.—The Secretary shall
decommission any temporary road constructed under a
project under this section not later than 3 years after
the date on which the project is completed.
‘‘(4) EXTRAORDINARY CIRCUMSTANCES.—The Secretary shall
apply the extraordinary circumstances procedures under section
220.6 of title 36, code of Federal regulations (or successor
regulations), when using the categorical exclusion under this
section.
‘‘(d) EXCLUSIONS.—This section does not apply to—
‘‘(1) a component of the National Wilderness Preservation
System;
‘‘(2) any Federal land on which, by Act of Congress or
Presidential proclamation, the removal of vegetation is
restricted or prohibited;
‘‘(3) a congressionally designated wilderness study area;
or
‘‘(4) an area in which activities under subsection (a) would
be inconsistent with the applicable land and resource management plan.
‘‘(e) FOREST MANAGEMENT PLANS.—All projects and activities
carried out under this section shall be consistent with the land
and resource management plan established under section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604) for the unit of the National Forest System containing the projects and activities.
‘‘(f) PUBLIC NOTICE AND SCOPING.—The Secretary shall conduct
public notice and scoping for any project or action proposed in
accordance with this section.
‘‘(g) ACCOUNTABILITY.—
‘‘(1) IN GENERAL.—The Secretary shall prepare an annual
report on the use of categorical exclusions under this section

H. R. 1625—717
that includes a description of all acres (or other appropriate
unit) treated through projects carried out under this section.
‘‘(2) SUBMISSION.—Not later than 1 year after the date
of enactment of this section, and each year thereafter, the
Secretary shall submit the reports required under paragraph
(1) to—
‘‘(A) the Committee on Agriculture, Nutrition, and Forestry of the Senate;
‘‘(B) the Committee on Environment and Public Works
of the Senate;
‘‘(C) the Committee on Agriculture of the House of
Representatives;
‘‘(D) the Committee on Natural Resources of the House
of Representatives; and
‘‘(E) the Government Accountability Office.’’.
SEC. 203. INSTALLATION OF FUEL BREAKS AND FIREBREAKS FOR HAZARDOUS FUEL REDUCTION ON FEDERAL LAND.

Section 101(2) of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6511(2)) is amended—
(1) by striking ‘‘The term’’ and inserting the following:
‘‘(A) IN GENERAL.—The term’’; and
(2) by adding at the end the following:
‘‘(B) INCLUSION.—The term ‘authorized hazardous fuel
reduction project’ includes, using the measures and
methods described in subparagraph (A), the installation
of—
‘‘(i) a natural or manmade change in fuel characteristics that affects fire behavior such that a fire can
be more readily controlled (commonly known as a ‘fuel
break’); and
‘‘(ii) a natural or constructed barrier used to stop
or check a fire or to provide a control line from which
to work to stop or check a fire (commonly known as
a ‘firebreak’).’’.
SEC. 204. CANCELLATION CEILINGS FOR STEWARDSHIP END RESULT
CONTRACTING PROJECTS.

Section 604 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591c) is amended—
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following:
‘‘(h) CANCELLATION CEILINGS.—
‘‘(1) IN GENERAL.—Notwithstanding section 3903(b)(1) of
title 41, United States Code, the Chief and the Director may
obligate funds in stages that are economically or programmatically viable to cover any potential cancellation or termination costs for an agreement or contract under subsection
(b).
‘‘(2) ADVANCE NOTICE TO CONGRESS OF CANCELLATION
CEILING IN EXCESS OF $25,000,000.—Not later than 30 days before
entering into a multiyear agreement or contract under subsection (b) that includes a cancellation ceiling in excess of
$25,000,000, but does not include proposed funding for the
costs of cancelling the agreement or contract up to that cancellation ceiling, the Chief or the Director, as applicable, shall
submit to the Committee on Energy and Natural Resources

H. R. 1625—718
and the Committee on Agriculture, Nutrition, and Forestry
of the Senate and the Committee on Natural Resources and
the Committee on Agriculture of the House of Representatives
a written notice that includes—
‘‘(A) a description of the cancellation ceiling amounts
proposed for each program year in the agreement or contract;
‘‘(B) the reasons why the cancellation ceiling amounts
described under subparagraph (A) were selected;
‘‘(C) a description of the extent to which the costs
of contract cancellation are not included in the budget
for the agreement or contract; and
‘‘(D) an assessment of the financial risk of not including
budgeting for the costs of agreement or contract cancellation.
‘‘(3) TRANSMITTAL OF NOTICE TO OMB.—Not later than 14
days after the date on which written notice is provided under
paragraph (2), the Chief or the Director, as appropriate, shall
transmit a copy of the notice to the Director of the Office
of Management and Budget.’’.
SEC. 205. EXCESS OFFSET VALUE.

Section 604(g)(2) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591c(g)(2)) is amended by striking subparagraphs
(A) and (B) and inserting the following:
‘‘(A) use the excess to satisfy any outstanding liabilities
for cancelled agreements or contracts; or
‘‘(B) if there are no outstanding liabilities described
in subparagraph (A), apply the excess to other authorized
stewardship projects.’’.
SEC. 206. SUBMISSION OF EXISTING ANNUAL REPORT.

Subsection (j) of section 604 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591c) (as redesignated by section 204
of this Act), is amended by striking ‘‘report to the Committee
on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives’’ and inserting
‘‘submit to the congressional committees described in subsection
(h)(2) a report’’.
SEC. 207. 20-YEAR STEWARDSHIP CONTRACTING.

(a) IN GENERAL.—The Secretary of Agriculture and the Secretary of the Interior may award contracts or agreements under
section 604 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6511), for terms not to exceed 20 years on areas where
the majority of Federal lands are in Fire Regime Groups I, II,
or III.
(b) PREFERENCE.—In awarding a contract under this section,
the Secretary concerned may, notwithstanding the Federal Acquisition Regulations, give a procurement preference to a contractor
that would, as part of the contract, promote an innovative use
of forest products, including cross-laminated timber.
SEC. 208. CONSULTATION UNDER FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 1974.

(a) CONSULTATION REGARDING LAND MANAGEMENT PLANS.—
Section 6(d) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604(d)) is amended—

H. R. 1625—719
(1) by striking ‘‘(d) The Secretary’’ and inserting the following:
‘‘(d) PUBLIC PARTICIPATION AND CONSULTATION.—
‘‘(1) IN GENERAL.—The Secretary’’; and
(2) by adding at the end the following:
‘‘(2) NO ADDITIONAL CONSULTATION REQUIRED AFTER
APPROVAL OF LAND MANAGEMENT PLANS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), notwithstanding any other provision of law, the Secretary shall not be required to engage in consultation under
this section or any other provision of law (including section
7 of Public Law 93–205 (16 U.S.C. 1536) and section 402.16
of title 50, Code of Federal Regulations (or a successor
regulation)) with respect to—
‘‘(i) the listing of a species as threatened or endangered, or a designation of critical habitat pursuant
to Public Law 93–205 (16 U.S.C. 1531 et seq.), if a
land management plan has been adopted by the Secretary as of the date of listing or designation; and
‘‘(ii) any provision of a land management plan
adopted as described in clause (i).
‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply
if—
‘‘(i) 15 years have passed since the date on which
the Secretary adopted the land management plan
described in clause (i) of that subparagraph; and
‘‘(ii) 5 years have passed since the date of enactment of this section or the date of the listing of a
species as threatened or endangered for a species
known to occur on the unit or the designation of critical
habitat within the unit as described in clause (i) of
that subparagraph, whichever is later.
‘‘(C) EFFECT OF PARAGRAPH.—Nothing in this paragraph affects any applicable requirement of the Secretary
to consult with the head of any other Federal department
or agency—
‘‘(i) regarding any project carried out, or proposed
to be carried out, to implement a land management
plan pursuant to Public Law 93–205 (16 U.S.C. 1531
et seq.), including any requirement to consult regarding
the consideration of cumulative impacts of completed,
ongoing, and planned projects; or
‘‘(ii) with respect to—
‘‘(I) the development of a modification to a
land management plan; or
‘‘(II) an amendment or revision to a land
management plan in accordance with paragraph
(4) or (5) of subsection (f).’’.
(b) DEFINITION OF SECRETARY; CONFORMING AMENDMENTS.—
(1) DEFINITION OF SECRETARY.—Section 3(a) of the Forest
and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1601(a)) is amended, in the first sentence of the
matter preceding paragraph (1), by inserting ‘‘(referred to in
this Act as the ‘Secretary’)’’ after ‘‘Secretary of Agriculture’’.
(2) CONFORMING AMENDMENTS.—The Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1600
et seq.) is amended, in sections 4 through 9, 12, 13, and 15,

H. R. 1625—720
by striking ‘‘Secretary of Agriculture’’ each place it appears
and inserting ‘‘Secretary’’.
SEC. 209. OREGON AND CALIFORNIA RAILROAD REVESTED LANDS AND
COOS BAY WAGON ROAD RECONVEYED LANDS.

(a) IN GENERAL.—Notwithstanding any other provision of law,
with respect to the Oregon and California Railroad grant land
revested in the United States by the Act of June 9, 1916 (39
Stat. 218, chapter 137), and the Coos Bay Wagon Road grant
land reconveyed to the United States by the first section of the
Act of February 26, 1919 (40 Stat. 1179, chapter 47), that is managed under the Act of August 28, 1937 (43 U.S.C. 2601 et seq.),
the Secretary of the Interior, acting through the Director of the
Bureau of Land Management, shall not be required to engage
in consultation under any law (including section 7 of Public Law
93–205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of
Federal Regulations (or a successor regulation)), with respect to—
(1) the listing of a species as threatened or endangered,
or a designation of critical habitat, pursuant to Public Law
93–205 (16 U.S.C. 1531 et seq.), if a land use plan has been
adopted by the Secretary of the Interior as of the date of
listing or designation; and
(2) any provision of a land use plan adopted as described
in paragraph (1).
(b) EFFECT OF SECTION.—Nothing in this section affects any
applicable requirement of the Secretary of the Interior to consult
with the head of any other Federal department or agency—
(1) regarding a project carried out, or proposed to be carried
out, pursuant to Public Law 93–205 (16 U.S.C. 1531 et seq.),
including any requirement to consult regarding the consideration of the cumulative impacts of completed, ongoing, and
planned projects; or
(2) with respect to the development of a new land use
plan or the revision of or other significant change to an existing
land use plan.
SEC. 210. WILDFIRE HAZARD SEVERITY MAPPING FOR COMMUNITIES.

(a) MAP REQUIRED.—Not later than 2 years after the date
of the enactment of this section, the Secretary of Agriculture, acting
through the Chief of the Forest Service, shall—
(1) develop and publish a geospatial map appropriate for
community-level use that depicts wildfire hazard severity to
inform at-risk communities that are—
(A) adjacent to National Forest System lands; or
(B) affected by wildland fire, as determined by the
Secretary; and
(2) disseminate the information under paragraph (1) in
an appropriate, web-based format for use by such communities
to—
(A) improve understanding of their risk profile;
(B) clarify thinking on the nature and effect of wildfire
risks; and
(C) develop plans to manage and mitigate those risks.
(b) PURPOSES OF MAP.—The purposes of the map required
under subsection (a) are as follows:
(1) To inform evaluations of wildfire risk.
(2) To prioritize fuels management needs.

H. R. 1625—721
(3) To depict the relative potential for wildfire that could
be difficult for suppression resources to contain and that could
cause ignitions to structures.
(c) CONSULTATION.—In carrying out subsection (a), the Secretary of Agriculture and Chief of the Forest Service shall consult
with—
(1) the Secretary of the Interior;
(2) the Administrator of the Federal Emergency Management Agency;
(3) other appropriate Federal agencies;
(4) States;
(5) relevant colleges, universities, and institutions of higher
education with relevant expertise; and
(6) other entities, as appropriate.
(d) AT-RISK COMMUNITY DEFINED.—The term ‘‘at-risk community’’ has the meaning given the term in section 101 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511).
SEC. 211. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND
OPERATION AND MAINTENANCE RELATING TO ELECTRIC
TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS OF
WAY.

(a) IN GENERAL.—Title V of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761 et seq.) is amended
by adding at the end the following:
‘‘SEC. 512. VEGETATION MANAGMENT, FACILITY INSPECTION, AND
OPERATION AND MAINTENANCE RELATING TO ELECTRIC
TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS OF
WAY.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) HAZARD TREE.—The term ‘hazard tree’ means any tree
or part thereof (whether located inside or outside a rightof-way) that has been designated, prior to tree failure, by a
certified or licensed arborist or forester under the supervision
of the Secretary concerned or the owner or operator of a transmission or distribution facility to be—
‘‘(A) dead, likely to die within the routine vegetation
management cycle, or likely to fail within the routine vegetation management cycle; and
‘‘(B) if the tree or part of the tree failed, likely to—
‘‘(i) cause substantial damage or disruption to a
transmission or distribution facility; or
‘‘(ii) come within 10 feet of an electric power line.
‘‘(2) OWNER; OPERATOR.—The terms ‘owner’ and ‘operator’
include contractors or other agents engaged by the owner or
operator of an electric transmission or distribution facility.
‘‘(3) PLAN.—The term ‘plan’ means a vegetation management, facility inspection, and operation and maintenance plan
that—
‘‘(A) is prepared by the owner or operator of 1 or
more electric transmission or distribution facilities to cover
1 or more electric transmission and distribution rightsof-way; and
‘‘(B) provides for the long-term, cost-effective, efficient,
and timely management of facilities and vegetation within
the width of the right-of-way and abutting Federal land,

H. R. 1625—722
including hazard trees, to enhance electric reliability, promote public safety, and avoid fire hazards.
‘‘(4) SECRETARY CONCERNED.—The term ‘Secretary concerned’ means—
‘‘(A) the Secretary, with respect to public lands; and
‘‘(B) the Secretary of Agriculture, with respect to
National Forest System land.
‘‘(b) GUIDANCE.—
‘‘(1) IN GENERAL.—To enhance the reliability of the electric
grid and reduce the threat of wildfire damage to, and wildfire
caused by vegetation-related conditions within, electric transmission and distribution rights-of-way and abutting Federal
land, including hazard trees, the Secretary concerned shall
issue and periodically update guidance to ensure that provisions
are appropriately developed and implemented for utility vegetation management, facility inspection, and operation and maintenance of rights-of-way, regardless of the means by which the
rights-of-way are established (including by grant, special use
authorization, and easement).
‘‘(2) LIMITATION.—The guidance issued under paragraph
(1) shall be compatible with mandatory reliability standards
established by the Electric Reliability Organization.
‘‘(3) CONSIDERATIONS.—The guidance issued under paragraph (1) shall take into account—
‘‘(A) all applicable law, including fire safety and electric
system reliability requirements (including reliability standards established by the Electric Reliability Organization
under section 215 of the Federal Power Act (16 U.S.C.
824o)); and
‘‘(B) the Memorandum of Understanding on Vegetation
Management for Powerline Rights-of-Way between the Edison Electric Institute, Utility Arborist Association, the
Department of the Interior, the Department of Agriculture,
and the Environmental Protection Agency signed in 2016.
‘‘(4) REQUIREMENTS.—The guidance issued under paragraph
(1) shall—
‘‘(A) be developed in consultation with the owners of
transmission and distribution facilities that hold rightsof-way;
‘‘(B) seek to minimize the need for case-by-case
approvals for —
‘‘(i) routine vegetation management, facility inspection, and operation and maintenance activities; and
‘‘(ii) utility vegetation management activities that
are necessary to control hazard trees; and
‘‘(C) provide for prompt and timely review of requests
to conduct vegetation management activities that require
approval of the Secretary concerned, especially activities
requiring expedited or immediate action.
‘‘(c) VEGETATION MANAGEMENT, FACILITY INSPECTION, AND
OPERATION AND MAINTENANCE PLANS.—
‘‘(1) DEVELOPMENT AND SUBMISSION.—Consistent with subsection (b), the Secretary concerned shall provide owners and
operators of electric transmission or distribution facilities
located on public lands and National Forest System land, as
applicable, with the option to develop and submit a plan.

H. R. 1625—723
‘‘(2) ERO STANDARDS.—Owners and operators subject to
mandatory reliability standards established by the Electric Reliability Organization (or superseding standards) may use those
standards as part of the plan.
‘‘(3) PLAN REQUIREMENTS.—A plan developed under paragraph (1) shall—
‘‘(A) identify the applicable transmission or distribution
facilities to be maintained;
‘‘(B) take into account operations and maintenance
plans for the applicable transmission or distribution line;
‘‘(C) describe the vegetation management, inspection,
and operation and maintenance methods that may be used
to comply with all applicable law, including fire safety
requirements and reliability standards established by the
Electric Reliability Organization;
‘‘(D) include schedules for—
‘‘(i) the applicable owner or operator to notify the
Secretary concerned about routine and major maintenance;
‘‘(ii) the applicable owner or operator to request
approval from the Secretary concerned about undertaking routine and major maintenance; and
‘‘(iii) the Secretary concerned to respond to a
request by an owner or operator under clause (ii);
and
‘‘(E) describe processes for—
‘‘(i) identifying changes in conditions; and
‘‘(ii) modifying the approved plan, if necessary.
‘‘(4) REVIEW AND APPROVAL PROCESS.—
‘‘(A) IN GENERAL.—The Secretary concerned shall
jointly develop a consolidated and coordinated process for
the review and approval of plans submitted under paragraph (1) that—
‘‘(i) includes timelines and benchmarks for—
‘‘(I) the submission of agency comments on
the plans and schedules for final decision; and
‘‘(II) the timely review of modifications of the
plans in cases in which modifications are necessary;
‘‘(ii) is consistent with applicable law; and
‘‘(iii) includes a process for modifications to a plan
in a prompt manner if changed conditions necessitate
a modification to a plan; and
‘‘(iv) ensures, to the maximum extent practicable,
a prompt review and approval process not to exceed
120 days.
‘‘(B) PLAN MODIFICATION.—Upon reasonable advance
notice to an owner or operator of an electric transmission
or distribution facility of any changed conditions that warrant a modification to a plan, the Secretary concerned
shall—
‘‘(i) provide an opportunity for the owner or operator to submit a proposed plan modification, consistent
with the process described under subparagraph (A)(iii),
to address the changed condition identified by the Secretary concerned;

H. R. 1625—724
‘‘(ii) consider the proposed plan modification consistent with the process described under paragraph
(4)(A); and
‘‘(iii) allow the owner or operator to continue to
implement any element of the approved plan that does
not directly and adversely affect the condition precipitating the need for modification.
‘‘(5) CATEGORIES OF ACTIONS NOT REQUIRING ENVIRONMENTAL ANALYSIS.—With respect to the development and
approval of plans submitted under paragraph (1), as well as
with respect to actions carried out under such plans, the Secretary concerned shall identify categories of actions for which
neither an environmental impact statement nor an environmental assessment shall be required under section 1508.4 of
title 40, Code of Federal Regulations (or a successor regulation).
‘‘(d) CERTAIN OWNERS AND OPERATORS.—
‘‘(1) IN GENERAL.—The owner or operator of an electric
transmission or distribution facility that is not subject to the
mandatory reliability standards established by the Electric Reliability Organization or that sold less than or equal to 1,000,000
megawatt hours of electric energy for purposes other than
resale during each of the 3 calendar years immediately preceding the date of enactment of this section may enter into
an agreement with the Secretary concerned in lieu of a plan
under subsection (c).
‘‘(2) MINIMUM REQUIREMENTS.—The Secretary concerned
shall ensure that the minimum requirements for an agreement
under paragraph (1)—
‘‘(A) reflect the relative financial resources of the
applicable owner or operator compared to other owners
or operators of an electric transmission or distribution
facility;
‘‘(B) include schedules as described in subsection
(c)(3)(D);
‘‘(C) are subject to modification requirements as
described in subsection (c)(4)(B); and
‘‘(D) comply with applicable law.
‘‘(e) EMERGENCY CONDITIONS.—If vegetation or hazard trees
have contacted or present an imminent danger of contacting an
electric transmission or distribution line from within or adjacent
to an electric transmission or distribution right-of-way, the owner
or operator of the electric transmission or distribution lines—
‘‘(1) may prune or remove the vegetation or hazard tree—
‘‘(A) to avoid the disruption of electric service; and
‘‘(B) to eliminate immediate fire and safety hazards;
and
‘‘(2) shall notify the appropriate local agent of the Secretary
concerned not later than 1 day after the date of the response
to emergency conditions.
‘‘(f) ACTIVITIES THAT REQUIRE APPROVAL.—
‘‘(1) IN GENERAL.—Except as provided under paragraph
(3), the owner or operator of an electric transmission or distribution facility may conduct vegetation management activities that
require approval of the Secretary concerned in accordance with
a plan approved under subsection (c) or an agreement entered
into under subsection (d) only with the approval of the Secretary
concerned.

H. R. 1625—725
‘‘(2) REQUIREMENT TO RESPOND.—The Secretary concerned
shall respond to a request for approval to conduct vegetation
management activities in accordance with the applicable schedules in a plan approved under subsection (c) or an agreement
entered into under subsection (d).
‘‘(3) AUTHORIZED ACTIVITIES.—The owner or operator of
an electric transmission or distribution facility may conduct
vegetation management activities that require approval of the
Secretary concerned in accordance with a plan approved under
subsection (c) or an agreement entered into under subsection
(d) without the approval of the Secretary concerned if—
‘‘(A) the owner or operator submitted a request to
the Secretary concerned in accordance with the applicable
schedule in a plan approved under subsection (c) or an
agreement entered into under subsection (d);
‘‘(B) the vegetation management activities, including
the removal of hazard trees, proposed in the request under
subparagraph (A) are in accordance with a plan approved
under subsection (c) or an agreement entered into under
subsection (d); and
‘‘(C) the Secretary concerned fails to respond to the
request under subparagraph (A) in accordance with the
applicable schedule in a plan approved under subsection
(c) or an agreement entered into under subsection (d).
‘‘(g) LIABILITY.—
‘‘(1) IN GENERAL.—The Secretary concerned shall not
impose strict liability for damages or injury resulting from—
‘‘(A) the Secretary concerned unreasonably withholding
or delaying—
‘‘(i) approval of a plan under subsection (c); or
‘‘(ii) entrance into an agreement under subsection
(d); or
‘‘(B) the Secretary concerned unreasonably failing to
adhere to an applicable schedule in a plan approved under
subsection (c) or an agreement entered into under subsection (d).
‘‘(2) DAMAGES.—For the period ending 10 years after the
date of the enactment of this subsection, the Secretary concerned shall not impose strict liability in an amount greater
than $500,000 per incident for damages or injury resulting
from activities conducted by an owner or operator in accordance
with an approved agreement under subsection (d).
‘‘(3) RULE OF CONSTRUCTION.—Nothing in paragraph (2)
shall be construed to effect any liability imposed by the Secretary concerned under section 251.56(d) of title 36, Code of
Federal Regulations (as in effect on the date of the enactment
of this section) and section 2807.12 of title 43, Code of Federal
Regulations (as in effect on the date of the enactment of this
section), for activities conducted by an owner or operator in
accordance with an approved plan under subsection (c).
‘‘(h) REPORTING REQUIREMENT.—
‘‘(1) ACTIVITIES THAT REQUIRE APPROVAL.—The Secretary
concerned shall report requests and actions made under subsection (f) annually on the website of the Secretary concerned.
‘‘(2) LIABILITY.—Not later than four years after the date
of enactment of this subsection, the Secretary concerned shall
prepare and submit a report to the Committee on Natural

H. R. 1625—726
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate that describes
the effect on the Treasury of the strict liability limitation established by subsection (g)(2).
‘‘(i) TRAINING AND GUIDANCE.—In consultation with the electric
utility industry, the Secretary concerned is encouraged to develop
a program to train personnel of the Department of the Interior
and the Forest Service involved in vegetation management decisions
relating to electric transmission and distribution facilities to ensure
that the personnel—
‘‘(1) understand electric system reliability requirements as
the requirements relate to vegetation management of transmission and distribution rights-of-way on Federal land,
including reliability standards established by the Electric Reliability Organization and fire safety requirements;
‘‘(2) assist owners and operators of electric transmission
and distribution facilities in complying with applicable electric
reliability and fire safety requirements;
‘‘(3) encourage and assist willing owners and operators
of electric transmission and distribution facilities to incorporate
on a voluntary basis vegetation management practices to
enhance habitats and forage for pollinators and for other wildlife if the practices are compatible with the integrated vegetation management practices necessary for reliability and safety;
and
‘‘(4) understand how existing and emerging unmanned technologies can help electric utilities, the Federal Government,
State and local governments, and private landowners—
‘‘(A) to more efficiently identify vegetation management
needs;
‘‘(B) to reduce the risk of wildfires; and
‘‘(C) to lower ratepayer energy costs.
‘‘(j) IMPLEMENTATION.—The Secretary concerned shall—
‘‘(1) not later than 1 year after the date of enactment
of this section, propose regulations, or amend existing regulations, to implement this section; and
‘‘(2) not later than 2 years after the date of enactment
of this section, finalize regulations, or amend existing regulations, to implement this section.
‘‘(k) EXISTING VEGETATION MANAGEMENT, FACILITY INSPECTION,
AND OPERATION AND MAINTENANCE PLANS.—Nothing in this section
requires an owner or operator to develop and submit a new plan
under this section if a plan consistent with this section has already
been approved by the Secretary concerned before the date of enactment of this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections for the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761
et seq.), is amended by inserting after the item relating to section
511 the following new item:
‘‘Sec. 512. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights-ofway.’’.
SEC. 212. GOOD NEIGHBOR AUTHORITY IMPROVEMENT.

Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C.
2113a(a)) is amended—

H. R. 1625—727
(1) in paragraph (3)(B)(i), by striking ‘‘areas; or’’ and
inserting the following: ‘‘areas, other than the reconstruction,
repair, or restoration of a National Forest System road that
is—
‘‘(I) necessary to carry out authorized restoration services pursuant to a good neighbor agreement; and
‘‘(II) in the case of a National Forest System
road that is determined to be unneeded in accordance with section 212.5(b)(2) of title 36, Code of
Federal Regulations (as in effect on the date of
enactment of the Good Neighbor Authority
Improvement Act), decommissioned in accordance
with subparagraph (A)(iii)—
‘‘(aa) in a manner that is consistent with
the applicable travel management plan; and
‘‘(bb) not later than 3 years after the date
on which the applicable authorized restoration
services project is completed; or’’;
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(3) by inserting after paragraph (5) the following:
‘‘(6) NATIONAL FOREST SYSTEM ROAD.—The term ‘National
Forest System road’ has the meaning given the term in section
212.1 of title 36, Code of Federal Regulations (as in effect
on the date of enactment of the Good Neighbor Authority
Improvement Act).’’.

TITLE III—FEDERAL LAND TRANSACTION FACILITATION REAUTHORIZATION
SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘Federal Land Transaction Facilitation Act Reauthorization of 2018’’.
SEC. 302. FEDERAL LAND TRANSACTION FACILITATION ACT.

The Federal Land Transaction Facilitation Act is amended—
(1) in section 203(1) (43 U.S.C. 2302(1)), by striking ‘‘cultural, or’’ and inserting ‘‘cultural, recreational access and use,
or other’’;
(2) in section 203(2) (43 U.S.C. 2302(2))—
(A) in the matter preceding subparagraph (A), by
striking ‘‘on the date of enactment of this Act was’’ and
inserting ‘‘is’’;
(B) by amending subparagraph (A) to read as follows:
‘‘(A) a national monument, area of critical environmental concern, national conservation area, national
riparian conservation area, national recreation area,
national scenic area, research natural area, national outstanding natural area, priority species and habitats designated in a land use plan in accordance with subpart
E (entitled ‘‘Fish and Wildlife’’) of part I of Appendix C

H. R. 1625—728
of Bureau of Land Management Land Use Planning Handbook H-1601-1 (Rel 1-1693), a special recreation management area, or a national natural landmark managed by
the Bureau of Land Management;’’; and
(C) by amending subparagraph (D) to read as follows:
‘‘(D) a National Forest or National Grassland in the
National Forest System; or’’;
(3) in section 203 (43 U.S.C. 2302), by inserting the following paragraph after section 203(2) (and redesignating the
following paragraphs accordingly):
‘‘(3) INACCESSIBLE LANDS THAT ARE OPEN TO PUBLIC
HUNTING, FISHING, RECREATIONAL SHOOTING, OR OTHER RECREATIONAL PURPOSES.—The term ‘inaccessible lands that are
open to public hunting, fishing, recreational shooting, or other
recreational purposes’ means public lands in Alaska and the
eleven contiguous Western States (as defined in section 103
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702)) consisting of at least 640 contiguous acres on
which the public is allowed under Federal or State law to
hunt, fish, target shoot or use the land for other recreational
purposes but—
‘‘(A) to which there is no public access or egress; or
‘‘(B) to which public access or egress to the land is
significantly restricted, as determined by the Secretary.’’;
and
(4) in section 205 (43 U.S.C. 2304)—
(A) in subsection (a), by striking ‘‘section 206’’ and
all that follows through the period and inserting the following: ‘‘section 206—
‘‘(1) to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for
disposal under approved land use plans under section 202
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712);
‘‘(2) not later than 180 days after the date of the enactment
of the Federal Land Transaction Facilitation Act Reauthorization of 2018, to establish and make available to the public,
on the website of the Department of the Interior, a database
containing a comprehensive list of all the land referred to
in paragraph (1); and
‘‘(3) to maintain the database referred to in paragraph
(2).’’; and
(B) by striking subsection (d);
(5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))—
(A) in subparagraph(A)(i), by striking ‘‘inholdings; and’’
and inserting ‘‘inholdings;’’;
(B) in subparagraph (A)(ii), by striking ‘‘exceptional
resources.’’ and inserting ‘‘exceptional resources; or’’;
(C) in subparagraph (A), by inserting after clause (ii),
‘‘(iii) adjacent to inaccessible lands open to public hunting,
fishing, recreational shooting, or other recreational purposes.’’; and
(D) by adding at the end the following:
‘‘(E) Any funds made available under subparagraph
(D) that are not obligated or expended by the end of the
fourth full fiscal year after the date of the sale or exchange

H. R. 1625—729
of land that generated the funds may be expended in
any State.’’;
(6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))—
(A) by inserting after subparagraph (A) the following:
‘‘(B) the extent to which the acquisition of the land
or interest therein will increase the public availability of
resources for, and facilitate public access to, hunting,
fishing, and other recreational activities;’’; and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D);
(7) by striking section 206(f) (43 U.S.C. 2305(f)); and
(8) in section 207(b) (43 U.S.C. 2306(b))—
(A) in paragraph (1)—
(i) by striking ‘‘96–568’’ and inserting ‘‘96–586’’;
and
(ii) by striking ‘‘; or’’ and inserting a semicolon;
(B) in paragraph (2)—
(i) by inserting ‘‘Public Law 105–263;’’ before ‘‘112
Stat.’’; and
(ii) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following:
‘‘(3) the White Pine County Conservation, Recreation, and
Development Act of 2006 (Public Law 109–432; 120 Stat. 3028);
‘‘(4) the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108–424; 118 Stat. 2403);
‘‘(5) subtitle F of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1132 note; Public Law
111–11);
‘‘(6) subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460www note, 1132 note;
Public Law 111–11);
‘‘(7) section 2601 of the Omnibus Public Land Management
Act of 2009 (Public Law 111–11; 123 Stat. 1108); or
‘‘(8) section 2606 of the Omnibus Public Land Management
Act of 2009 (Public Law 111–11; 123 Stat. 1121).’’.

TITLE IV—EXTENSION OF SECURE
RURAL SCHOOLS AND COMMUNITY
SELF-DETERMINATION ACT OF 2000
SEC. 401. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY
SELF-DETERMINATION ACT OF 2000.

(a) SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING
FEDERAL LAND.—
(1) FULL FUNDING AMOUNT.—Section 3(11) of the Secure
Rural Schools and Community Self-Determination Act (16
U.S.C. 7102(11)) is amended—
(A) in subparagraph (B), by striking ‘‘and’’;
(B) in subparagraph (C)—
(i) by striking ‘‘and each fiscal year thereafter’’
and inserting ‘‘through fiscal year 2015’’; and
(ii) by striking the period and inserting a semicolon; and
(C) by adding at the end the following:

H. R. 1625—730
‘‘(D) for fiscal year 2017, the amount that is equal
to 95 percent of the full funding amount for fiscal year
2015; and
‘‘(E) for fiscal year 2018 and each fiscal year thereafter,
the amount that is equal to 95 percent of the full funding
amount for the preceding fiscal year.’’.
(2) SECURE PAYMENTS.—
(A) IN GENERAL.—Section 101 of the Secure Rural
Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7111) is amended, in subsections (a) and (b),
by striking ‘‘2015’’ each place it appears and inserting
‘‘2015, 2017, and 2018’’.
(B) SPECIAL RULE FOR FISCAL YEAR 2017 PAYMENTS.—
Section 101 of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7111) is amended
by adding at the end the following:
‘‘(d) SPECIAL RULE FOR FISCAL YEAR 2017 PAYMENTS.—
‘‘(1) STATE PAYMENT.—If an eligible county in a State that
will receive a share of the State payment for fiscal year 2017
has already received, or will receive, a share of the 25-percent
payment for fiscal year 2017 distributed to the State before
the date of enactment of this subsection, the amount of the
State payment shall be reduced by the amount of the share
of the eligible county of the 25-percent payment.
‘‘(2) COUNTY PAYMENT.—If an eligible county that will
receive a county payment for fiscal year 2017 has already
received a 50-percent payment for fiscal year 2017, the amount
of the county payment shall be reduced by the amount of
the 50-percent payment.
‘‘(3) PROMPT PAYMENT.—Not later than 45 days after the
date of enactment of this subsection, the Secretary of the
Treasury shall make all payments under this title for fiscal
year 2017.’’.
(3) PAYMENTS TO STATES AND COUNTIES.—
(A) ELECTION TO RECEIVE PAYMENT AMOUNT.—Section
102(b) of the Secure Rural Schools and Community SelfDetermination Act of 2000 (16 U.S.C. 7112(b)) is
amended—
(i) in paragraph (1), by adding after subparagraph
(C) the following:
‘‘(D) PAYMENTS FOR FISCAL YEARS 2017 AND 2018.—The
election otherwise required by subparagraph (A) shall not
apply for fiscal years 2017 or 2018.’’; and
(ii) in paragraph (2)—
(I) in subparagraph (A), by inserting ‘‘and for
fiscal years 2017 and 2018’’ after ‘‘2015’’; and
(II) in subparagraph (B), by inserting ‘‘and
for fiscal years 2017 and 2018’’ after ‘‘2015’’.
(B) EXPENDITURE RULES FOR ELIGIBLE COUNTIES.—Section 102(d) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7112(d)) is
amended—
(i) in paragraph (1), by adding after subparagraph
(E) the following:
‘‘(F) PAYMENTS FOR FISCAL YEARS 2017 AND 2018.—The
election made by an eligible county under subparagraph
(B), (C), or (D) for fiscal year 2013, or deemed to be made

H. R. 1625—731
by the county under paragraph (3)(B) for that fiscal year,
shall be effective for fiscal years 2017 and 2018.’’; and
(ii) in paragraph (3)—
(I) in subparagraph (B)(ii), by striking ‘‘purpose described in section 202(b)’’ and inserting
‘‘purposes described in section 202(b), section
203(c), or section 204(a)(5)’’; and
(II) by adding after subparagraph (C) the following:
‘‘(D) PAYMENTS FOR FISCAL YEARS 2017 AND 2018.—This
paragraph does not apply for fiscal years 2017 and 2018.’’.
(C) ELECTIONS AS TO ALLOCATION OF BALANCE.—Section
102(d)(1) of the Secure Rural Schools and Community SelfDetermination Act of 2000 (16 U.S.C. 7112(d)(1)) is
amended—
(i) in subparagraph (B)(ii), by striking ‘‘not more
than 7 percent of the total share for the eligible county
of the State payment or the county payment’’ and
inserting ‘‘any portion of the balance’’; and
(ii) by striking subparagraph (C) and inserting
the following:
‘‘(C) COUNTIES WITH MAJOR DISTRIBUTIONS.—In the
case of each eligible county to which $350,000 or more
is distributed for any fiscal year pursuant to paragraph
(1)(B) or (2)(B) of subsection (a), the eligible county shall
elect to do 1 or more of the following with the balance
of any funds not expended pursuant to subparagraph (A):
‘‘(i) Reserve any portion of the balance for projects
in accordance with title II.
‘‘(ii) Reserve not more than 7 percent of the total
share for the eligible county of the State payment
or the county payment for projects in accordance with
title III.
‘‘(iii) Return the portion of the balance not reserved
under clauses (i) and (ii) to the Treasury of the United
States.’’.
(D) TREATMENT AS SUPPLEMENTAL FUNDING.—Section
102 of the Secure Rural Schools and Community SelfDetermination Act of 2000 (16 U.S.C. 7112) is amended
by adding at the end the following:
‘‘(f) TREATMENT AS SUPPLEMENTAL FUNDING.—
‘‘(1) IN GENERAL.—None of the funds made available to
an eligible county under this Act may be used in lieu of,
or to otherwise offset, a State funding source for a local school,
facility, or educational purpose.
‘‘(2) CONTINUATION OF DIRECT PAYMENTS.—Payments to
States made under the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7101 et seq.) and
25-percent payments made to States and Territories under
the Acts of May 23, 1908, and March 1, 1911 (16 U.S.C. 500),
shall continue to be made as direct payments and not as Federal
financial assistance.’’.
(E) DISTRIBUTION OF PAYMENTS TO ELIGIBLE COUNTIES.—Section 103(d)(2) of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C.
7113(d)(2)) is amended by striking ‘‘2015’’ and inserting
‘‘and for fiscal years 2017 and 2018’’.

H. R. 1625—732
(b) CONTINUATION OF AUTHORITY TO CONDUCT SPECIAL
PROJECTS ON FEDERAL LAND.—
(1) REPEAL OF CONTRACTING PILOT PROGRAM.—Section
204(e) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7124(e)) is amended by striking
paragraph (3).
(2) RESOURCE ADVISORY COMMITTEES.—Section 205(a)(4) of
the Secure Rural Schools and Community Self-Determination
Act of 2000 (16 U.S.C. 7125(a)(4)) is amended by striking ‘‘2012’’
each place it appears and inserting ‘‘2018’’.
(3) AVAILABILITY OF PROJECT FUNDS.—Section 207(d)(2) of
the Secure Rural Schools and Community Self-Determination
Act of 2000 (16 U.S.C. 7127(d)(2)) is amended by striking
‘‘subparagraph (B)’’ and inserting ‘‘subparagraph (B)(i), (B)(ii),’’.
(4) TERMINATION OF AUTHORITY.—Section 208 of the Secure
Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7128) is amended—
(A) in subsection (a), by striking ‘‘2017’’ and inserting
‘‘2020’’; and
(B) in subsection (b), by striking ‘‘2018’’ and inserting
‘‘2021’’.
(c) TERMINATION OF AUTHORITY.—Section 304 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7144) is amended—
(1) in subsection (a), by striking ‘‘2017’’ and inserting
‘‘2020’’; and
(2) in subsection (b), by striking ‘‘2018’’ and inserting
‘‘2021’’.
SEC. 402. ADDITIONAL AUTHORIZED USE OF RESERVED FUNDS FOR
TITLE III COUNTY PROJECTS.

Section 302(a) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7142(a)) is amended—
(1) in paragraph (2)—
(A) by inserting ‘‘and law enforcement patrols’’ after
‘‘including firefighting’’; and
(B) by striking ‘‘and’’ at the end;
(2) in paragraph (3), by inserting ‘‘and carry out’’ after
‘‘develop’’;
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new paragraph (3):
‘‘(3) to cover training costs and equipment purchases
directly related to the emergency services described in paragraph (2); and’’.

TITLE V—STRATEGIC PETROLEUM
RESERVE DRAWDOWN
SEC. 501. STRATEGIC PETROLEUM RESERVE DRAWDOWN.

(a) DRAWDOWN AND SALE.—
(1) IN GENERAL.—Notwithstanding section 161 of the
Energy Policy and Conservation Act (42 U.S.C. 6241), except
as provided in subsection (b), the Secretary of Energy shall
draw down and sell 10,000,000 barrels of crude oil from the

H. R. 1625—733
Strategic Petroleum Reserve during the period of fiscal years
2020 through 2021.
(2) DEPOSIT OF AMOUNTS RECEIVED FROM SALE.—Amounts
received from a sale under paragraph (1) shall be deposited
in the general fund of the Treasury during the fiscal year
in which the sale occurs.
(b) EMERGENCY PROTECTION.—The Secretary of Energy may
not draw down and sell crude oil under this section in quantities
that would limit the authority to sell petroleum products under
subsection (h) of section 161 of the Energy Policy and Conservation
Act (42 U.S.C. 6241) in the full quantity authorized by that subsection.
(c) STRATEGIC PETROLEUM DRAWDOWN LIMITATIONS.—Section
161(h)(2) of the Energy Policy and Conservation Act (42 U.S.C.
6241(h)(2)) is amended by striking ‘‘350,000,000’’ each place it
appears and inserting ‘‘340,000,000’’.

DIVISION P—RAY BAUM’S ACT OF 2018
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This division may be cited as the ‘‘Repack
Airwaves Yielding Better Access for Users of Modern Services Act
of 2018’’ or the ‘‘RAY BAUM’S Act of 2018’’.
(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Commission defined.
TITLE I—FCC REAUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Application and regulatory fees.
Sec. 103. Effective date.
TITLE II—APPLICATION OF ANTIDEFICIENCY ACT
Sec. 201. Application of Antideficiency Act to Universal Service Program.
TITLE III—SECURING ACCESS TO NETWORKS IN DISASTERS
Sec. 301. Study on network resiliency.
Sec. 302. Access to essential service providers during federally declared emergencies.
Sec. 303. Definitions.
Sec.
Sec.
Sec.
Sec.

401.
402.
403.
404.

TITLE IV—FCC CONSOLIDATED REPORTING
Communications marketplace report.
Consolidation of redundant reports; conforming amendments.
Effect on authority.
Other reports.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

501.
502.
503.
504.
505.
506.
507.
508.
509.
510.
511.
512.

TITLE V—ADDITIONAL PROVISIONS
Independent Inspector General for FCC.
Authority of Chief Information Officer.
Spoofing prevention.
Report on promoting broadband Internet access service for veterans.
Methodology for collection of mobile service coverage data.
Accuracy of dispatchable location for 9–1–1 calls.
NTIA study on interagency process following cybersecurity incidents.
Tribal digital access.
Terms of office and vacancies.
Joint board recommendation.
Disclaimer for press releases regarding notices of apparent liability.
Reports related to spectrum auctions.

H. R. 1625—734
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

601.
602.
603.
604.
605.
606.
607.
608.
609.
610.
611.
612.
613.
614.
615.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

616.
617.
618.
619.
620.
621.
622.
623.

TITLE VI—MOBILE NOW
Short title.
Definitions.
Identifying 255 megahertz.
Millimeter wave spectrum.
3 gigahertz spectrum.
Communications facilities deployment on Federal property.
Broadband infrastructure deployment.
Communications facilities installation.
Reallocation incentives.
Bidirectional sharing study.
Unlicensed services in guard bands.
Pre-auction funding.
Immediate transfer of funds.
Amendments to the Spectrum Pipeline Act of 2015.
GAO assessment of unlicensed spectrum and Wi-Fi use in low-income
neighborhoods.
Rulemaking related to partitioning or disaggregating licenses.
Unlicensed spectrum policy.
National plan for unlicensed spectrum.
Spectrum challenge prize.
Wireless telecommunications tax and fee collection fairness.
Rules of construction.
Relationship to Middle Class Tax Relief and Job Creation Act of 2012.
No additional funds authorized.

SEC. 2. COMMISSION DEFINED.

In this division, the term ‘‘Commission’’ means the Federal
Communications Commission.

TITLE I—FCC REAUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Section 6 of the Communications Act of 1934
(47 U.S.C. 156) is amended to read as follows:
‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) AUTHORIZATION.—There are authorized to be appropriated
to the Commission to carry out the functions of the Commission
$333,118,000 for fiscal year 2019 and $339,610,000 for fiscal year
2020.
‘‘(b) OFFSETTING COLLECTIONS.—The sum appropriated in any
fiscal year to carry out the activities described in subsection (a),
to the extent and in the amounts provided for in Appropriations
Acts, shall be derived from fees authorized by section 9.’’.
(b) DEPOSITS OF BIDDERS TO BE DEPOSITED IN TREASURY.—
Section 309(j)(8)(C) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)(C)) is amended—
(1) in the first sentence, by striking ‘‘an interest bearing
account’’ and all that follows and inserting ‘‘the Treasury.’’;
(2) in clause (i)—
(A) by striking ‘‘paid to the Treasury’’ and inserting
‘‘deposited in the general fund of the Treasury (where
such deposits shall be used for the sole purpose of deficit
reduction)’’; and
(B) by striking the semicolon and inserting ‘‘; and’’;
(3) in clause (ii), by striking ‘‘; and’’ and inserting ‘‘, and
payments representing the return of such deposits shall not
be subject to administrative offset under section 3716(c) of
title 31, United States Code.’’; and
(4) by striking clause (iii).

H. R. 1625—735
(c) ELIMINATION OF DUPLICATIVE AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—Section 710 of the Telecommunications
Act of 1996 (Public Law 104–104) is repealed.
(2) CONFORMING AMENDMENT.—The table of contents in
section 2 of such Act is amended by striking the item relating
to section 710.
(d) TRANSFER OF FUNDS.—On the effective date described in
section 103 of this title, any amounts in the account providing
appropriations to carry out the functions of the Commission that
were collected in excess of the amounts provided for in Appropriations Acts in any fiscal year prior to such date shall be transferred
to the general fund of the Treasury of the United States for the
sole purpose of deficit reduction.
SEC. 102. APPLICATION AND REGULATORY FEES.

(a) APPLICATION FEES.—Section 8 of the Communications Act
of 1934 (47 U.S.C. 158) is amended to read as follows:
‘‘SEC. 8. APPLICATION FEES.

‘‘(a) GENERAL AUTHORITY; ESTABLISHMENT OF SCHEDULE.—The
Commission shall assess and collect application fees at such rates
as the Commission shall establish in a schedule of application
fees to recover the costs of the Commission to process applications.
‘‘(b) ADJUSTMENT OF SCHEDULE.—
‘‘(1) IN GENERAL.—In every even-numbered year, the
Commission shall review the schedule of application fees established under this section and, except as provided in paragraph
(2), set a new amount for each fee in the schedule that is
equal to the amount of the fee on the date when the fee
was established or the date when the fee was last amended
under subsection (c), whichever is later—
‘‘(A) increased or decreased by the percentage change
in the Consumer Price Index during the period beginning
on such date and ending on the date of the review; and
‘‘(B) rounded to the nearest $5 increment.
‘‘(2) THRESHOLD FOR ADJUSTMENT.—The Commission may
not adjust a fee under paragraph (1) if—
‘‘(A) in the case of a fee the current amount of which
is less than $200, the adjustment would result in a change
in the current amount of less than $10; or
‘‘(B) in the case of a fee the current amount of which
is $200 or more, the adjustment would result in a change
in the current amount of less than 5 percent.
‘‘(3) CURRENT AMOUNT DEFINED.—In paragraph (2), the
term ‘current amount’ means, with respect to a fee, the amount
of the fee on the date when the fee was established, the date
when the fee was last adjusted under paragraph (1), or the
date when the fee was last amended under subsection (c),
whichever is latest.
‘‘(c) AMENDMENTS TO SCHEDULE.—In addition to the adjustments required by subsection (b), the Commission shall by rule
amend the schedule of application fees established under this section if the Commission determines that the schedule requires
amendment—
‘‘(1) so that such fees reflect increases or decreases in
the costs of processing applications at the Commission; or

H. R. 1625—736
‘‘(2) so that such schedule reflects the consolidation or
addition of new categories of applications.
‘‘(d) EXCEPTIONS.—
‘‘(1) PARTIES TO WHICH FEES ARE NOT APPLICABLE.—The
application fees established under this section shall not be
applicable to—
‘‘(A) a governmental entity;
‘‘(B) a nonprofit entity licensed in the Local Government, Police, Fire, Highway Maintenance, Forestry-Conservation, Public Safety, or Special Emergency Radio radio
services; or
‘‘(C) a noncommercial radio station or noncommercial
television station.
‘‘(2) COST OF COLLECTION.—If, in the judgment of the
Commission, the cost of collecting an application fee established
under this section would exceed the amount collected, the
Commission may by rule eliminate such fee.
‘‘(e) DEPOSIT OF COLLECTIONS.—Moneys received from application fees established under this section shall be deposited in the
general fund of the Treasury.’’.
(b) REGULATORY FEES.—Section 9 of the Communications Act
of 1934 (47 U.S.C. 159) is amended to read as follows:
‘‘SEC. 9. REGULATORY FEES.

‘‘(a) GENERAL AUTHORITY.—The Commission shall assess and
collect regulatory fees to recover the costs of carrying out the
activities described in section 6(a) only to the extent, and in the
total amounts, provided for in Appropriations Acts.
‘‘(b) ESTABLISHMENT OF SCHEDULE.—The Commission shall
assess and collect regulatory fees at such rates as the Commission
shall establish in a schedule of regulatory fees that will result
in the collection, in each fiscal year, of an amount that can reasonably be expected to equal the amounts described in subsection
(a) with respect to such fiscal year.
‘‘(c) ADJUSTMENT OF SCHEDULE.—
‘‘(1) IN GENERAL.—For each fiscal year, the Commission
shall by rule adjust the schedule of regulatory fees established
under this section to—
‘‘(A) reflect unexpected increases or decreases in the
number of units subject to the payment of such fees; and
‘‘(B) result in the collection of the amount required
by subsection (b).
‘‘(2) ROUNDING.—In making adjustments under this subsection, the Commission may round fees to the nearest $5
increment.
‘‘(d) AMENDMENTS TO SCHEDULE.—In addition to the adjustments required by subsection (c), the Commission shall by rule
amend the schedule of regulatory fees established under this section
if the Commission determines that the schedule requires amendment so that such fees reflect the full-time equivalent number
of employees within the bureaus and offices of the Commission,
adjusted to take into account factors that are reasonably related
to the benefits provided to the payor of the fee by the Commission’s
activities. In making an amendment under this subsection, the
Commission may not change the total amount of regulatory fees
required by subsection (b) to be collected in a fiscal year.
‘‘(e) EXCEPTIONS.—

H. R. 1625—737
‘‘(1) PARTIES TO WHICH FEES ARE NOT APPLICABLE.—The
regulatory fees established under this section shall not be
applicable to—
‘‘(A) a governmental entity or nonprofit entity;
‘‘(B) an amateur radio operator licensee under part
97 of the Commission’s rules (47 CFR part 97); or
‘‘(C) a noncommercial radio station or noncommercial
television station.
‘‘(2) COST OF COLLECTION.—If, in the judgment of the
Commission, the cost of collecting a regulatory fee established
under this section from a party would exceed the amount collected from such party, the Commission may exempt such party
from paying such fee.
‘‘(f) DEPOSIT OF COLLECTIONS.—
‘‘(1) IN GENERAL.—Amounts received from fees authorized
by this section shall be deposited as an offsetting collection
in, and credited to, the account through which funds are made
available to carry out the activities described in section 6(a).
‘‘(2) DEPOSIT OF EXCESS COLLECTIONS.—Any regulatory fees
collected in excess of the total amount of fees provided for
in Appropriations Acts for a fiscal year shall be deposited
in the general fund of the Treasury of the United States for
the sole purpose of deficit reduction.’’.
(c) PROVISIONS APPLICABLE TO APPLICATION AND REGULATORY
FEES.—Title I of the Communications Act of 1934 (47 U.S.C. 151
et seq.) is amended by inserting after section 9 the following:
‘‘SEC. 9A. PROVISIONS APPLICABLE TO APPLICATION AND REGULATORY FEES.

‘‘(a) JUDICIAL REVIEW PROHIBITED.—Any adjustment or amendment to a schedule of fees under subsection (b) or (c) of section
8 or subsection (c) or (d) of section 9 is not subject to judicial
review.
‘‘(b) NOTICE TO CONGRESS.—The Commission shall transmit
to Congress notification—
‘‘(1) of any adjustment under section 8(b) or 9(c) immediately upon the adoption of such adjustment; and
‘‘(2) of any amendment under section 8(c) or 9(d) not later
than 90 days before the effective date of such amendment.
‘‘(c) ENFORCEMENT.—
‘‘(1) PENALTIES FOR LATE PAYMENT.—The Commission shall
by rule prescribe an additional penalty for late payment of
fees under section 8 or 9. Such additional penalty shall be
25 percent of the amount of the fee that was not paid in
a timely manner.
‘‘(2) INTEREST ON UNPAID FEES AND PENALTIES.—The
Commission shall charge interest, at a rate determined under
section 3717 of title 31, United States Code, on a fee under
section 8 or 9 or an additional penalty under this subsection
that is not paid in a timely manner. Such section 3717 shall
not otherwise apply with respect to such a fee or penalty.
‘‘(3) DISMISSAL OF APPLICATIONS OR FILINGS.—The Commission may dismiss any application or other filing for failure
to pay in a timely manner any fee under section 8 or 9 or
any interest or additional penalty under this subsection.
‘‘(4) REVOCATIONS.—

H. R. 1625—738
‘‘(A) IN GENERAL.—In addition to or in lieu of the
penalties and dismissals authorized by this subsection, the
Commission may revoke any instrument of authorization
held by any licensee that has not paid in a timely manner
a regulatory fee assessed under section 9 or any related
interest or penalty.
‘‘(B) NOTICE.—Revocation action may be taken by the
Commission under this paragraph after notice of the
Commission’s intent to take such action is sent to the
licensee by registered mail, return receipt requested, at
the licensee’s last known address. The notice shall provide
the licensee at least 30 days to either pay the fee, interest,
and any penalty or show cause why the fee, interest, or
penalty does not apply to the licensee or should otherwise
be waived or payment deferred.
‘‘(C) HEARING.—
‘‘(i) GENERALLY NOT REQUIRED.—A hearing is not
required under this paragraph unless the licensee’s
response presents a substantial and material question
of fact.
‘‘(ii) EVIDENCE AND BURDENS.—In any case where
a hearing is conducted under this paragraph, the
hearing shall be based on written evidence only, and
the burden of proceeding with the introduction of evidence and the burden of proof shall be on the licensee.
‘‘(iii) COSTS.—Unless the licensee substantially prevails in the hearing, the Commission may assess the
licensee for the costs of such hearing.
‘‘(D) OPPORTUNITY TO PAY PRIOR TO REVOCATION.—Any
Commission order adopted under this paragraph shall
determine the amount due, if any, and provide the licensee
with at least 30 days to pay that amount or have its
authorization revoked.
‘‘(E) FINALITY.—No order of revocation under this paragraph shall become final until the licensee has exhausted
its right to judicial review of such order under section
402(b)(5).
‘‘(d) WAIVER, REDUCTION, AND DEFERMENT.—The Commission
may waive, reduce, or defer payment of a fee under section 8
or 9 or an interest charge or penalty under this section in any
specific instance for good cause shown, where such action would
promote the public interest.
‘‘(e) PAYMENT RULES.—The Commission shall by rule permit
payment—
‘‘(1) in the case of fees under section 8 or 9 in large
amounts, by installments; and
‘‘(2) in the case of fees under section 8 or 9 in small
amounts, in advance for a number of years not to exceed
the term of the license held by the payor.
‘‘(f) ACCOUNTING SYSTEM.—The Commission shall develop
accounting systems necessary to make the amendments authorized
by sections 8(c) and 9(d).’’.
(d) TRANSITIONAL RULES.—
(1) APPLICATION FEES.—An application fee established
under section 8 of the Communications Act of 1934, as such
section is in effect on the day before the effective date described
in section 103 of this title, shall remain in effect under section

H. R. 1625—739
8 of the Communications Act of 1934, as amended by subsection
(a) of this section, until such time as the Commission adjusts
or amends such fee under subsection (b) or (c) of such section
8, as so amended.
(2) REGULATORY FEES.—A regulatory fee established under
section 9 of the Communications Act of 1934, as such section
is in effect on the day before the effective date described in
section 103 of this title, shall remain in effect under section
9 of the Communications Act of 1934, as amended by subsection
(b) of this section, until such time as the Commission adjusts
or amends such fee under subsection (c) or (d) of such section
9, as so amended.
(e) RULEMAKING TO AMEND SCHEDULE OF REGULATORY FEES.—
(1) IN GENERAL.—Not later than 1 year after the effective
date described in section 103 of this title, the Commission
shall complete a rulemaking proceeding under subsection (d)
of section 9 of the Communications Act of 1934, as amended
by subsection (b) of this section.
(2) REPORT TO CONGRESS.—If the Commission has not completed the rulemaking proceeding required by paragraph (1)
by the date that is 6 months after the effective date described
in section 103 of this title, the Commission shall submit to
Congress a report on the progress of such rulemaking proceeding.
SEC. 103. EFFECTIVE DATE.

This title and the amendments made by this title shall take
effect on October 1, 2018.

TITLE II—APPLICATION OF
ANTIDEFICIENCY ACT
SEC. 201. APPLICATION OF ANTIDEFICIENCY ACT TO UNIVERSAL
SERVICE PROGRAM.

Section 302 of Public Law 108–494 (118 Stat. 3998) is amended
by striking ‘‘December 31, 2018’’ each place it appears and inserting
‘‘December 31, 2019’’.

TITLE III—SECURING ACCESS TO
NETWORKS IN DISASTERS
SEC. 301. STUDY ON NETWORK RESILIENCY.

Not later than 36 months after the date of enactment of this
Act, the Commission shall submit to Congress, and make publically
available on the Commission’s website, a study on the public safety
benefits and technical feasibility and cost of—
(1) making telecommunications service provider-owned
WiFi access points, and other communications technologies
operating on unlicensed spectrum, available to the general
public for access to 9–1–1 services, without requiring any login
credentials, during times of emergency when mobile service
is unavailable;

H. R. 1625—740
(2) the provision by non-telecommunications service provider-owned WiFi access points of public access to 9–1–1 services during times of emergency when mobile service is unavailable; and
(3) other alternative means of providing the public with
access to 9–1–1 services during times of emergency when mobile
service is unavailable.
SEC. 302. ACCESS TO ESSENTIAL SERVICE PROVIDERS DURING FEDERALLY DECLARED EMERGENCIES.

Section 427(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5189e(a)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘telecommunications service’’ and inserting ‘‘wireline or mobile telephone
service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service’’;
(B) in subparagraph (E), by striking the semicolon
and inserting ‘‘; or’’;
(C) by redesignating subparagraphs (A) through (E)
as clauses (i) through (v), respectively; and
(D) by adding at the end of the following:
‘‘(B) is a tower owner or operator;’’; and
(2) by striking ‘‘(1) provides’’ and inserting ‘‘(1)(A) provides’’.
SEC. 303. DEFINITIONS.

As used in this title—
(1) the term ‘‘mobile service’’ means commercial mobile
service (as defined in section 332 of the Communications Act
of 1934 (47 U.S.C. 332)) or commercial mobile data service
(as defined in section 6001 of the Middle Class Tax Relief
and Job Creation Act of 2012 (47 U.S.C. 1401));
(2) the term ‘‘WiFi access point’’ means wireless Internet
access using the standard designated as 802.11 or any variant
thereof; and
(3) the term ‘‘times of emergency’’ means either an emergency as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122),
or an emergency as declared by the governor of a State or
territory of the United States.

TITLE IV—FCC CONSOLIDATED
REPORTING
SEC. 401. COMMUNICATIONS MARKETPLACE REPORT.

Title I of the Communications Act of 1934 (47 U.S.C. 151
et seq.) is amended by adding at the end the following:
‘‘SEC. 13. COMMUNICATIONS MARKETPLACE REPORT.

‘‘(a) IN GENERAL.—In the last quarter of every even-numbered
year, the Commission shall publish on its website and submit
to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the state of the communications marketplace.
‘‘(b) CONTENTS.—Each report required by subsection (a) shall—

H. R. 1625—741
‘‘(1) assess the state of competition in the communications
marketplace, including competition to deliver voice, video,
audio, and data services among providers of telecommunications, providers of commercial mobile service (as defined in
section 332), multichannel video programming distributors (as
defined in section 602), broadcast stations, providers of satellite
communications, Internet service providers, and other providers
of communications services;
‘‘(2) assess the state of deployment of communications
capabilities, including advanced telecommunications capability
(as defined in section 706 of the Telecommunications Act of
1996 (47 U.S.C. 1302)), regardless of the technology used for
such deployment;
‘‘(3) assess whether laws, regulations, regulatory practices
(whether those of the Federal Government, States, political
subdivisions of States, Indian tribes or tribal organizations
(as such terms are defined in section 4 of the Indian SelfDetermination and Education Assistance Act (25 U.S.C. 5304)),
or foreign governments), or demonstrated marketplace practices
pose a barrier to competitive entry into the communications
marketplace or to the competitive expansion of existing providers of communications services;
‘‘(4) describe the agenda of the Commission for the next
2-year period for addressing the challenges and opportunities
in the communications marketplace that were identified
through the assessments under paragraphs (1) through (3);
and
‘‘(5) describe the actions that the Commission has taken
in pursuit of the agenda described pursuant to paragraph (4)
in the previous report submitted under this section.
‘‘(c) EXTENSION.—If the President designates a Commissioner
as Chairman of the Commission during the last quarter of an
even-numbered year, the portion of the report required by subsection (b)(4) may be published on the website of the Commission
and submitted to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate as an addendum during the
first quarter of the following odd-numbered year.
‘‘(d) SPECIAL REQUIREMENTS.—
‘‘(1) ASSESSING COMPETITION.—In assessing the state of
competition under subsection (b)(1), the Commission shall consider all forms of competition, including the effect of intermodal
competition, facilities-based competition, and competition from
new and emergent communications services, including the
provision of content and communications using the Internet.
‘‘(2) ASSESSING DEPLOYMENT.—In assessing the state of
deployment under subsection (b)(2), the Commission shall compile a list of geographical areas that are not served by any
provider of advanced telecommunications capability.
‘‘(3) CONSIDERING SMALL BUSINESSES.—In assessing the
state of competition under subsection (b)(1) and regulatory barriers under subsection (b)(3), the Commission shall consider
market entry barriers for entrepreneurs and other small
businesses in the communications marketplace in accordance
with the national policy under section 257(b).’’.

H. R. 1625—742
SEC. 402. CONSOLIDATION OF REDUNDANT REPORTS; CONFORMING
AMENDMENTS.

(a) ORBIT ACT REPORT.—Section 646 of the Communications
Satellite Act of 1962 (47 U.S.C. 765e; 114 Stat. 57) is repealed.
(b) SATELLITE COMPETITION REPORT.—Section 4 of Public Law
109–34 (47 U.S.C. 703) is repealed.
(c) INTERNATIONAL BROADBAND DATA REPORT.—Section
103(b)(1) of the Broadband Data Improvement Act (47 U.S.C.
1303(b)(1)) is amended by striking ‘‘the assessment and report’’
and all that follows through ‘‘Federal Communications Commission’’
and inserting ‘‘its report under section 13 of the Communications
Act of 1934, the Federal Communications Commission’’.
(d) STATUS OF COMPETITION IN THE MARKET FOR THE DELIVERY
OF VIDEO PROGRAMMING REPORT.—Section 628 of the Communications Act of 1934 (47 U.S.C. 548) is amended—
(1) by striking subsection (g);
(2) by redesignating subsection (j) as subsection (g); and
(3) by transferring subsection (g) (as redesignated) so that
it appears after subsection (f).
(e) REPORT ON CABLE INDUSTRY PRICES.—Section 623(k) of the
Communications Act of 1934 (47 U.S.C. 543(k)) is amended—
(1) in paragraph (1), by striking ‘‘annually publish’’ and
inserting ‘‘publish with its report under section 13’’; and
(2) in the heading of paragraph (2), by striking ‘‘ANNUAL’’.
(f) TRIENNIAL REPORT IDENTIFYING AND ELIMINATING MARKET
ENTRY BARRIERS FOR ENTREPRENEURS AND OTHER SMALL
BUSINESSES.—Section 257 of the Communications Act of 1934 (47
U.S.C. 257) is amended by striking subsection (c).
(g) STATE OF COMPETITIVE MARKET CONDITIONS WITH RESPECT
TO COMMERCIAL MOBILE RADIO SERVICES.—Section 332(c)(1)(C) of
the Communications Act of 1934 (47 U.S.C. 332(c)(1)(C)) is amended
by striking the first and second sentences.
(h) PREVIOUSLY ELIMINATED ANNUAL REPORT.—
(1) IN GENERAL.—Section 4 of the Communications Act
of 1934 (47 U.S.C. 154) is amended—
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (o) as subsections (k) through (n), respectively.
(2) CONFORMING AMENDMENT.—Section 309(j)(8)(B) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)) is amended
by striking the last sentence.
(i) ADDITIONAL OUTDATED REPORTS.—The Communications Act
of 1934 is further amended—
(1) in section 4—
(A) in subsection (b)(2)(B)(ii), by striking ‘‘and shall
furnish notice of such action’’ and all that follows through
‘‘subject of the waiver’’; and
(B) in subsection (g), by striking paragraph (2);
(2) in section 215—
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b);
(3) in section 227(e), by striking paragraph (4);
(4) in section 309(j)—
(A) by striking paragraph (12); and
(B) in paragraph (15)(C), by striking clause (iv);
(5) in section 331(b), by striking the last sentence;

H. R. 1625—743
(6) in section 336(e), by amending paragraph (4) to read
as follows:
‘‘(4) REPORT.—The Commission shall annually advise the
Congress on the amounts collected pursuant to the program
required by this subsection.’’;
(7) in section 339(c), by striking paragraph (1);
(8) in section 396—
(A) by striking subsection (i);
(B) in subsection (k)—
(i) in paragraph (1), by striking subparagraph (F);
and
(ii) in paragraph (3)(B)(iii), by striking subclause
(V);
(C) in subsection (l)(1)(B), by striking ‘‘shall be
included’’ and all that follows through ‘‘The audit report’’;
and
(D) by striking subsection (m);
(9) in section 398(b)(4), by striking the third sentence;
(10) in section 624A(b)(1)—
(A) by striking ‘‘REPORT; REGULATIONS’’ and inserting
‘‘REGULATIONS’’;
(B) by striking ‘‘Within 1 year after’’ and all that
follows through ‘‘on means of assuring’’ and inserting ‘‘The
Commission shall issue such regulations as are necessary
to assure’’; and
(C) by striking ‘‘Within 180 days after’’ and all that
follows through ‘‘to assure such compatibility.’’; and
(11) in section 713, by striking subsection (a).
SEC. 403. EFFECT ON AUTHORITY.

Nothing in this title or the amendments made by this title
shall be construed to expand or contract the authority of the
Commission.
SEC. 404. OTHER REPORTS.

Nothing in this title or the amendments made by this title
shall be construed to prohibit or otherwise prevent the Commission
from producing any additional reports otherwise within the
authority of the Commission.

TITLE V—ADDITIONAL PROVISIONS
SEC. 501. INDEPENDENT INSPECTOR GENERAL FOR FCC.

(a) AMENDMENTS.—The Inspector General Act of 1978 (5 U.S.C.
App.) is amended—
(1) in section 8G(a)(2), by striking ‘‘the Federal Communications Commission,’’; and
(2) in section 12—
(A) in paragraph (1), by inserting ‘‘, the Federal
Communications Commission,’’ after ‘‘the Chairman of the
Nuclear Regulatory Commission’’; and
(B) in paragraph (2), by inserting ‘‘the Federal Communications Commission,’’ after ‘‘the Environmental Protection Agency,’’.
(b) TRANSITION RULE.—An individual serving as Inspector General of the Commission on the date of the enactment of this Act

H. R. 1625—744
pursuant to an appointment made under section 8G of the Inspector
General Act of 1978 (5 U.S.C. App.)—
(1) may continue so serving until the President makes
an appointment under section 3(a) of such Act with respect
to the Commission consistent with the amendments made by
subsection (a); and
(2) shall, while serving under paragraph (1), remain subject
to the provisions of section 8G of such Act which, immediately
before the date of the enactment of this Act, applied with
respect to the Inspector General of the Commission and suffer
no reduction in pay.
SEC. 502. AUTHORITY OF CHIEF INFORMATION OFFICER.

(a) IN GENERAL.—The Commission shall ensure that the Chief
Information Officer of the Commission has a significant role in—
(1) the decision-making process for annual and multi-year
planning, programming, budgeting, and execution decisions,
related reporting requirements, and reports related to information technology;
(2) the management, governance, and oversight processes
related to information technology; and
(3) the hiring of personnel with information technology
responsibilities.
(b) CIO APPROVAL.—The Chief Information Officer of the
Commission, in consultation with the Chief Financial Officer of
the Commission and budget officials, shall specify and approve
the allocation of amounts appropriated to the Commission for
information technology, consistent with the provisions of appropriations Acts, budget guidelines, and recommendations from the
Director of the Office of Management and Budget.
SEC. 503. SPOOFING PREVENTION.

(a) EXPANDING AND CLARIFYING PROHIBITION ON MISLEADING
OR INACCURATE CALLER IDENTIFICATION INFORMATION.—
(1) COMMUNICATIONS FROM OUTSIDE THE UNITED STATES.—
Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C.
227(e)(1)) is amended by striking ‘‘in connection with any telecommunications service or IP-enabled voice service’’ and
inserting ‘‘or any person outside the United States if the
recipient is within the United States, in connection with any
voice service or text messaging service’’.
(2) COVERAGE OF TEXT MESSAGES AND VOICE SERVICES.—
Section 227(e)(8) of the Communications Act of 1934 (47 U.S.C.
227(e)(8)) is amended—
(A) in subparagraph (A), by striking ‘‘telecommunications service or IP-enabled voice service’’ and inserting
‘‘voice service or a text message sent using a text messaging
service’’;
(B) in the first sentence of subparagraph (B), by
striking ‘‘telecommunications service or IP-enabled voice
service’’ and inserting ‘‘voice service or a text message
sent using a text messaging service’’; and
(C) by striking subparagraph (C) and inserting the
following:
‘‘(C) TEXT MESSAGE.—The term ‘text message’—
‘‘(i) means a message consisting of text, images,
sounds, or other information that is transmitted to
or from a device that is identified as the receiving

H. R. 1625—745
or transmitting device by means of a 10-digit telephone
number or N11 service code;
‘‘(ii) includes a short message service (commonly
referred to as ‘SMS’) message and a multimedia message service (commonly referred to as ‘MMS’) message;
and
‘‘(iii) does not include—
‘‘(I) a real-time, two-way voice or video communication; or
‘‘(II) a message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in
clause (ii).
‘‘(D) TEXT MESSAGING SERVICE.—The term ‘text messaging service’ means a service that enables the transmission or receipt of a text message, including a service
provided as part of or in connection with a voice service.
‘‘(E) VOICE SERVICE.—The term ‘voice service’—
‘‘(i) means any service that is interconnected with
the public switched telephone network and that furnishes voice communications to an end user using
resources from the North American Numbering Plan
or any successor to the North American Numbering
Plan adopted by the Commission under section
251(e)(1); and
‘‘(ii) includes transmissions from a telephone facsimile machine, computer, or other device to a telephone facsimile machine.’’.
(3) TECHNICAL AMENDMENT.—Section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)) is amended in the
heading by inserting ‘‘MISLEADING OR’’ before ‘‘INACCURATE’’.
(4) REGULATIONS.—
(A) IN GENERAL.—Section 227(e)(3)(A) of the Communications Act of 1934 (47 U.S.C. 227(e)(3)(A)) is amended
by striking ‘‘Not later than 6 months after the date of
enactment of the Truth in Caller ID Act of 2009, the
Commission’’ and inserting ‘‘The Commission’’.
(B) DEADLINE.—The Commission shall prescribe regulations to implement the amendments made by this subsection not later than 18 months after the date of enactment of this Act.
(5) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on the date that is 6 months after
the date on which the Commission prescribes regulations under
paragraph (4).
(b) CONSUMER EDUCATION MATERIALS ON HOW TO AVOID SCAMS
THAT RELY UPON MISLEADING OR INACCURATE CALLER IDENTIFICATION INFORMATION.—
(1) DEVELOPMENT OF MATERIALS.—Not later than 1 year
after the date of enactment of this Act, the Commission, in
coordination with the Federal Trade Commission, shall develop
consumer education materials that provide information about—
(A) ways for consumers to identify scams and other
fraudulent activity that rely upon the use of misleading
or inaccurate caller identification information; and

H. R. 1625—746
(B) existing technologies, if any, that a consumer can
use to protect against such scams and other fraudulent
activity.
(2) CONTENTS.—In developing the consumer education
materials under paragraph (1), the Commission shall—
(A) identify existing technologies, if any, that can help
consumers guard themselves against scams and other
fraudulent activity that rely upon the use of misleading
or inaccurate caller identification information, including—
(i) descriptions of how a consumer can use the
technologies to protect against such scams and other
fraudulent activity; and
(ii) details on how consumers can access and use
the technologies; and
(B) provide other information that may help consumers
identify and avoid scams and other fraudulent activity
that rely upon the use of misleading or inaccurate caller
identification information.
(3) UPDATES.—The Commission shall ensure that the consumer education materials required under paragraph (1) are
updated on a regular basis.
(4) WEBSITE.—The Commission shall include the consumer
education materials developed under paragraph (1) on its
website.
(c) GAO REPORT ON COMBATING THE FRAUDULENT PROVISION
OF MISLEADING OR INACCURATE CALLER IDENTIFICATION INFORMATION.—
(1) IN GENERAL.—The Comptroller General of the United
States shall conduct a study of the actions the Commission
and the Federal Trade Commission have taken to combat the
fraudulent provision of misleading or inaccurate caller identification information, and the additional measures that could
be taken to combat such activity.
(2) REQUIRED CONSIDERATIONS.—In conducting the study
under paragraph (1), the Comptroller General shall examine—
(A) trends in the types of scams that rely on misleading
or inaccurate caller identification information;
(B) previous and current enforcement actions by the
Commission and the Federal Trade Commission to combat
the practices prohibited by section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1));
(C) current efforts by industry groups and other entities to develop technical standards to deter or prevent
the fraudulent provision of misleading or inaccurate caller
identification information, and how such standards may
help combat the current and future provision of misleading
or inaccurate caller identification information; and
(D) whether there are additional actions the Commission, the Federal Trade Commission, and Congress should
take to combat the fraudulent provision of misleading or
inaccurate caller identification information.
(3) REPORT.—Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings of the
study under paragraph (1), including any recommendations

H. R. 1625—747
regarding combating the fraudulent provision of misleading
or inaccurate caller identification information.
(d) RULE OF CONSTRUCTION.—Nothing in this section, or the
amendments made by this section, shall be construed to modify,
limit, or otherwise affect any rule or order adopted by the Commission in connection with—
(1) the Telephone Consumer Protection Act of 1991 (Public
Law 102–243; 105 Stat. 2394) or the amendments made by
that Act; or
(2) the CAN–SPAM Act of 2003 (15 U.S.C. 7701 et seq.).
SEC. 504. REPORT ON PROMOTING BROADBAND INTERNET ACCESS
SERVICE FOR VETERANS.

(a) VETERAN DEFINED.—In this section, the term ‘‘veteran’’ has
the meaning given the term in section 101 of title 38, United
States Code.
(b) REPORT REQUIRED.—Not later than 1 year after the date
of the enactment of this Act, the Commission shall submit to Congress a report on promoting broadband Internet access service
for veterans, in particular low-income veterans and veterans
residing in rural areas. In such report, the Commission shall—
(1) examine such access and how to promote such access;
and
(2) provide findings and recommendations for Congress
with respect to such access and how to promote such access.
(c) PUBLIC NOTICE AND OPPORTUNITY TO COMMENT.—In preparing the report required by subsection (b), the Commission shall
provide the public with notice and an opportunity to comment
on broadband Internet access service for veterans, in particular
low-income veterans and veterans residing in rural areas, and how
to promote such access.
SEC. 505. METHODOLOGY FOR COLLECTION OF MOBILE SERVICE COVERAGE DATA.

(a) DEFINITIONS.—In this section—
(1) the term ‘‘commercial mobile data service’’ has the
meaning given the term in section 6001 of the Middle Class
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401);
(2) the term ‘‘commercial mobile service’’ has the meaning
given the term in section 332(d) of the Communications Act
of 1934 (47 U.S.C. 332(d));
(3) the term ‘‘coverage data’’ means, if commercial mobile
service or commercial mobile data service is available, general
information about the service, which may include available
speed tiers, radio frequency signal levels, and network and
performance characteristics; and
(4) the term ‘‘Universal Service program’’ means the universal service support mechanisms established under section
254 of the Communications Act of 1934 (47 U.S.C. 254) and
the regulations issued under that section.
(b) METHODOLOGY ESTABLISHED.—Not later than 180 days after
the conclusion of the Mobility Fund Phase II Auction, the Commission shall promulgate regulations to establish a methodology that
shall apply to the collection of coverage data by the Commission
for the purposes of—
(1) the Universal Service program; or
(2) any other similar program.

H. R. 1625—748
(c) REQUIREMENTS.—The methodology established under subsection (b) shall—
(1) contain standard definitions for different available technologies such as 2G, 3G, 4G, and 4G LTE;
(2) enhance the consistency and robustness of how the
data are collected by different parties;
(3) improve the validity and reliability of coverage data;
and
(4) increase the efficiency of coverage data collection.
SEC. 506. ACCURACY OF DISPATCHABLE LOCATION FOR 9–1–1 CALLS.

(a) PROCEEDING REQUIRED.—Not later than 18 months after
the date of the enactment of this Act, the Commission shall conclude
a proceeding to consider adopting rules to ensure that the
dispatchable location is conveyed with a 9–1–1 call, regardless
of the technological platform used and including with calls from
multi-line telephone systems (as defined in section 6502 of the
Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C.
1471)).
(b) RELATIONSHIP TO OTHER PROCEEDINGS.—In conducting the
proceeding required by subsection (a), the Commission may consider
information and conclusions from other Commission proceedings
regarding the accuracy of the dispatchable location for a 9–1–
1 call, but nothing in this section shall be construed to require
the Commission to reconsider any information or conclusion from
a proceeding regarding the accuracy of the dispatchable location
for a 9–1–1 call in which the Commission has adopted rules or
issued an order before the date of the enactment of this Act.
(c) DEFINITIONS.—In this section:
(1) 9–1–1 CALL.—The term ‘‘9–1–1 call’’ means a voice
call that is placed, or a message that is sent by other means
of communication, to a public safety answering point (as defined
in section 222 of the Communications Act of 1934 (47 U.S.C.
222)) for the purpose of requesting emergency services.
(2) DISPATCHABLE LOCATION.—The term ‘‘dispatchable location’’ means the street address of the calling party, and additional information such as room number, floor number, or
similar information necessary to adequately identify the location of the calling party.
SEC. 507. NTIA STUDY ON INTERAGENCY PROCESS FOLLOWING CYBERSECURITY INCIDENTS.

(a) IN GENERAL.—The Assistant Secretary of Commerce for
Communications and Information shall complete a study on how
the National Telecommunications and Information Administration
can best coordinate the interagency process following cybersecurity
incidents.
(b) REPORT TO CONGRESS.—Not later than 18 months after
the date of the enactment of this Act, the Assistant Secretary
shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report detailing the findings
and recommendations of the study conducted under subsection (a).
SEC. 508. TRIBAL DIGITAL ACCESS.

(a) TRIBAL BROADBAND DATA REPORT.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Commission shall submit

H. R. 1625—749
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report evaluating broadband
coverage in Indian country (as defined in section 1151 of title
18, United States Code) and on land held by a Native Corporation pursuant to the Alaska Native Claims Settlement Act.
(2) REQUIRED ASSESSMENTS.—The report required by paragraph (1) shall include the following:
(A) An assessment of areas of Indian country (as so
defined) and land held by a Native Corporation pursuant
to the Alaska Native Claims Settlement Act that have
adequate broadband coverage.
(B) An assessment of unserved areas of Indian country
(as so defined) and land held by a Native Corporation
pursuant to the Alaska Native Claims Settlement Act.
(b) TRIBAL BROADBAND PROCEEDING.—Not later than 30 months
after the date of the enactment of this Act, the Commission shall
complete a proceeding to address the unserved areas identified
in the report under subsection (a).
SEC. 509. TERMS OF OFFICE AND VACANCIES.

Section 4(c) of the Communications Act of 1934 (47 U.S.C.
154(c)) is amended to read as follows:
‘‘(c)(1) A commissioner—
‘‘(A) shall be appointed for a term of 5 years;
‘‘(B) except as provided in subparagraph (C), may continue
to serve after the expiration of the fixed term of office of
the commissioner until a successor is appointed and has been
confirmed and taken the oath of office; and
‘‘(C) may not continue to serve after the expiration of
the session of Congress that begins after the expiration of
the fixed term of office of the commissioner.
‘‘(2) Any person chosen to fill a vacancy in the Commission—
‘‘(A) shall be appointed for the unexpired term of the
commissioner that the person succeeds;
‘‘(B) except as provided in subparagraph (C), may continue
to serve after the expiration of the fixed term of office of
the commissioner that the person succeeds until a successor
is appointed and has been confirmed and taken the oath of
office; and
‘‘(C) may not continue to serve after the expiration of
the session of Congress that begins after the expiration of
the fixed term of office of the commissioner that the person
succeeds.
‘‘(3) No vacancy in the Commission shall impair the right
of the remaining commissioners to exercise all the powers of the
Commission.’’.
SEC. 510. JOINT BOARD RECOMMENDATION.

The Commission may not modify, amend, or change its rules
or regulations for universal service support payments to implement
the February 27, 2004, recommendations of the Federal-State Joint
Board on Universal Service regarding single connection or primary
line restrictions on universal service support payments.

H. R. 1625—750
SEC. 511. DISCLAIMER FOR PRESS RELEASES REGARDING NOTICES
OF APPARENT LIABILITY.

The Commission shall include in any press release regarding
the issuance of a notice of apparent liability under section 503(b)(4)
of the Communications Act of 1934 (47 U.S.C. 503(b)(4)) a disclaimer
informing consumers that—
(1) the issuance of a notice of apparent liability should
be treated only as allegations; and
(2) the amount of any forfeiture penalty proposed in a
notice of apparent liability represents the maximum penalty
that the Commission may impose for the violations alleged
in the notice of apparent liability.
SEC. 512. REPORTS RELATED TO SPECTRUM AUCTIONS.

(a) ESTIMATE OF UPCOMING AUCTIONS.—Section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) is amended by
adding at the end the following:
‘‘(18) ESTIMATE OF UPCOMING AUCTIONS.—
‘‘(A) Not later than September 30, 2018, and annually
thereafter, the Commission shall make publicly available
an estimate of what systems of competitive bidding authorized under this subsection may be initiated during the
upcoming 12-month period.
‘‘(B) The estimate under subparagraph (A) shall, to
the extent possible, identify the bands of frequencies the
Commission expects to be included in each such system
of competitive bidding.’’.
(b) AUCTION EXPENDITURE JUSTIFICATION REPORT.—Not later
than April 1, 2019, and annually thereafter, the Commission shall
provide to the appropriate committees of Congress a report containing a detailed justification for the use of proceeds retained
by the Commission under section 309(j)(8)(B) of the Communications
Act of 1934 (47 U.S.C. 309(j)(8)(B)) for the costs of developing
and implementing the program required by section 309(j) of that
Act.
(c) DEFINITION.—For purposes of this section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Commerce, Science, and Transportation of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Energy and Commerce of the House
of Representatives; and
(4) the Committee on Appropriations of the House of Representatives.

TITLE VI—MOBILE NOW
SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Making Opportunities for
Broadband Investment and Limiting Excessive and Needless
Obstacles to Wireless Act’’ or the ‘‘MOBILE NOW Act’’.
SEC. 602. DEFINITIONS.

In this title:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—

H. R. 1625—751
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives; and
(C) each committee of the Senate or of the House
of Representatives with jurisdiction over a Federal entity
affected by the applicable section in which the term
appears.
(2) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission.
(3) FEDERAL ENTITY.—The term ‘‘Federal entity’’ has the
meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(l)).
(4) NTIA.—The term ‘‘NTIA’’ means the National Telecommunications and Information Administration of the Department of Commerce.
(5) OMB.—The term ‘‘OMB’’ means the Office of Management and Budget.
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Commerce.
SEC. 603. IDENTIFYING 255 MEGAHERTZ.

(a) REQUIREMENTS.—
(1) IN GENERAL.—Not later than December 31, 2022, the
Secretary, working through the NTIA, and the Commission
shall identify a total of at least 255 megahertz of Federal
and non-Federal spectrum for mobile and fixed wireless
broadband use.
(2) UNLICENSED AND LICENSED USE.—Of the spectrum
identified under paragraph (1), not less than—
(A) 100 megahertz below the frequency of 8000 megahertz shall be identified for use on an unlicensed basis;
(B) 100 megahertz below the frequency of 6000 megahertz shall be identified for use on an exclusive, licensed
basis for commercial mobile use, pursuant to the Commission’s authority to implement such licensing in a flexible
manner, and subject to potential continued use of such
spectrum by incumbent Federal entities in designated
geographic areas indefinitely or for such length of time
stipulated in transition plans approved by the Technical
Panel under section 113(h) of the National Telecommunications and Information Administration Organization Act
(47 U.S.C. 923(h)) for those incumbent entities to be
relocated to alternate spectrum; and
(C) 55 megahertz below the frequency of 8000 megahertz shall be identified for use on either a licensed or
unlicensed basis, or a combination of licensed and
unlicensed.
(3) NON-ELIGIBLE SPECTRUM.—For purposes of satisfying
the requirement under paragraph (1), the following spectrum
shall not be counted:
(A) The frequencies between 1695 and 1710 megahertz.
(B) The frequencies between 1755 and 1780 megahertz.
(C) The frequencies between 2155 and 2180 megahertz.
(D) The frequencies between 3550 and 3700 megahertz.

H. R. 1625—752
(E) Spectrum that the Commission determines had
more than de minimis mobile or fixed wireless broadband
operations within the band on the day before the date
of enactment of this Act.
(4) TREATMENT OF CERTAIN OTHER SPECTRUM.—Spectrum
identified pursuant to this section may include eligible spectrum, if any, identified after the date of enactment of this
Act pursuant to title X of the Bipartisan Budget Act of 2015
(Public Law 114–74).
(5) SPECTRUM MADE AVAILABLE ON AND AFTER FEBRUARY
11, 2016.—Any spectrum that has been made available for
licensed or unlicensed use on and after February 11, 2016,
and that otherwise satisfies the requirements of this section
may be counted towards the requirements of this subsection.
(6) RELOCATION PRIORITIZED OVER SHARING.—This section
shall be carried out in accordance with section 113(j) of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(j)).
(7) CONSIDERATIONS.—In identifying spectrum for use
under this section, the Secretary, working through the NTIA,
and Commission shall consider—
(A) the need to preserve critical existing and planned
Federal Government capabilities;
(B) the impact on existing State, local, and tribal
government capabilities;
(C) the international implications;
(D) the need for appropriate enforcement mechanisms
and authorities; and
(E) the importance of the deployment of wireless
broadband services in rural areas of the United States.
(b) RULES OF CONSTRUCTION.—Nothing in this section shall
be construed—
(1) to impair or otherwise affect the functions of the
Director of OMB relating to budgetary, administrative, or legislative proposals;
(2) to require the disclosure of classified information, law
enforcement sensitive information, or other information that
must be protected in the interest of national security; or
(3) to affect any requirement under section 156 of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 921 note), as added by section
1062(a) of the National Defense Authorization Act for Fiscal
Year 2000, or any other relevant statutory requirement
applicable to the reallocation of Federal spectrum.
SEC. 604. MILLIMETER WAVE SPECTRUM.

(a) FCC PROCEEDING.—Not later than 2 years after the date
of enactment of this Act, the Commission shall publish a notice
of proposed rulemaking to consider service rules to authorize mobile
or fixed terrestrial wireless operations, including for advanced
mobile service operations, in the radio frequency band between
42000 and 42500 megahertz.
(b) CONSIDERATIONS.—In conducting a rulemaking under subsection (a), the Commission shall—
(1) consider how the band described in subsection (a) may
be used to provide commercial wireless broadband service,
including whether—

H. R. 1625—753
(A) such spectrum may be best used for licensed or
unlicensed services, or some combination thereof; and
(B) to permit additional licensed operations in such
band on a shared basis; and
(2) include technical characteristics under which the band
described in subsection (a) may be employed for mobile or
fixed terrestrial wireless operations, including any appropriate
coexistence requirements.
(c) SPECTRUM MADE AVAILABLE ON AND AFTER FEBRUARY 11,
2016.—Any spectrum that has been made available for licensed
or unlicensed use on or after February 11, 2016, and that otherwise
satisfies the requirements of section 603 of this title may be counted
towards the requirements of section 603(a) of this title.
SEC. 605. 3 GIGAHERTZ SPECTRUM.

(a) BETWEEN 3100 MEGAHERTZ AND 3550 MEGAHERTZ.—Not
later than 24 months after the date of enactment of this Act,
and in consultation with the Commission and the head of each
affected Federal agency (or a designee thereof), the Secretary,
working through the NTIA, shall submit to the Commission and
the appropriate committees of Congress a report evaluating the
feasibility of allowing commercial wireless services, licensed or
unlicensed, to share use of the frequencies between 3100 megahertz
and 3550 megahertz.
(b) BETWEEN 3700 MEGAHERTZ AND 4200 MEGAHERTZ.—Not
later than 18 months after the date of enactment of this Act,
after notice and an opportunity for public comment, and in consultation with the Secretary, working through the NTIA, and the head
of each affected Federal agency (or a designee thereof), the Commission shall submit to the Secretary and the appropriate committees
of Congress a report evaluating the feasibility of allowing commercial wireless services, licensed or unlicensed, to use or share use
of the frequencies between 3700 megahertz and 4200 megahertz.
(c) REQUIREMENTS.—A report under subsection (a) or (b) shall
include the following:
(1) An assessment of the operations of Federal entities
that operate Federal Government stations authorized to use
the frequencies described in that subsection.
(2) An assessment of the possible impacts of such sharing
on Federal and non-Federal users already operating on the
frequencies described in that subsection.
(3) The criteria that may be necessary to ensure shared
licensed or unlicensed services would not cause harmful interference to Federal or non-Federal users already operating in
the frequencies described in that subsection.
(4) If such sharing is feasible, an identification of which
of the frequencies described in that subsection are most suitable
for sharing with commercial wireless services through the
assignment of new licenses by competitive bidding, for sharing
with unlicensed operations, or through a combination of
licensing and unlicensed operations.
(d) COMMISSION ACTION.—The Commission, in consultation
with the NTIA, shall seek public comment on the reports required
under subsections (a) and (b), including regarding the bands identified in such report as feasible pursuant to subsection (c)(4).

H. R. 1625—754
SEC. 606. COMMUNICATIONS FACILITIES DEPLOYMENT ON FEDERAL
PROPERTY.

(a) IN GENERAL.—Section 6409 of the Middle Class Tax Relief
and Job Creation Act of 2012 (47 U.S.C. 1455) is amended by
striking subsections (b), (c), and (d) and inserting the following:
‘‘(b) FEDERAL EASEMENTS, RIGHTS-OF-WAY, AND LEASES.—
‘‘(1) GRANT.—If an executive agency, a State, a political
subdivision or agency of a State, or a person, firm, or organization applies for the grant of an easement, right-of-way, or
lease to, in, over, or on a building or other property owned
by the Federal Government for the right to install, construct,
modify, or maintain a communications facility installation, the
executive agency having control of the building or other property may grant to the applicant, on behalf of the Federal
Government, subject to paragraph (3), an easement, right-ofway, or lease to perform such installation, construction, modification, or maintenance.
‘‘(2) APPLICATION.—
‘‘(A) IN GENERAL.—The Administrator of General Services shall develop a common form for applications for easements, rights-of-way, and leases under paragraph (1) for
all executive agencies that, except as provided in subparagraph (B), shall be used by all executive agencies and
applicants with respect to the buildings or other property
of each such agency.
‘‘(B) EXCEPTION.—The requirement under subparagraph (A) for an executive agency to use the common
form developed by the Administrator of General Services
shall not apply to an executive agency if the head of an
executive agency notifies the Administrator that the executive agency uses a substantially similar application.
‘‘(3) TIMELY CONSIDERATION OF APPLICATIONS.—
‘‘(A) IN GENERAL.—Not later than 270 days after the
date on which an executive agency receives a duly filed
application for an easement, right-of-way, or lease under
this subsection, the executive agency shall—
‘‘(i) grant or deny, on behalf of the Federal Government, the application; and
‘‘(ii) notify the applicant of the grant or denial.
‘‘(B) EXPLANATION OF DENIAL.—If an executive agency
denies an application under subparagraph (A), the executive agency shall notify the applicant in writing, including
a clear statement of the reasons for the denial.
‘‘(C) APPLICABILITY OF ENVIRONMENTAL LAWS.—Nothing
in this paragraph shall be construed to relieve an executive
agency of the requirements of division A of subtitle III
of title 54, United States Code, or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
‘‘(D) POINT OF CONTACT.—Upon receiving an application under subparagraph (A), an executive agency shall
designate one or more appropriate individuals within the
executive agency to act as a point of contact with the
applicant.
‘‘(c) MASTER CONTRACTS FOR COMMUNICATIONS FACILITY
INSTALLATION SITINGS.—
‘‘(1) IN GENERAL.—Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104; 110 Stat.

H. R. 1625—755
151) or any other provision of law, the Administrator of General
Services shall—
‘‘(A) develop one or more master contracts that shall
govern the placement of communications facility installations on buildings and other property owned by the Federal
Government; and
‘‘(B) in developing the master contract or contracts,
standardize the treatment of the placement of communications facility installations on building rooftops or facades,
the placement of communications facility installations on
rooftops or inside buildings, the technology used in connection with communications facility installations placed on
Federal buildings and other property, and any other key
issues the Administrator of General Services considers
appropriate.
‘‘(2) APPLICABILITY.—The master contract or contracts
developed by the Administrator of General Services under paragraph (1) shall apply to all publicly accessible buildings and
other property owned by the Federal Government, unless the
Administrator of General Services decides that issues with
respect to the siting of a communications facility installation
on a specific building or other property warrant nonstandard
treatment of such building or other property.
‘‘(3) APPLICATION.—
‘‘(A) IN GENERAL.—The Administrator of General Services shall develop a common form or set of forms for communications facility installation siting applications that, except
as provided in subparagraph (B), shall be used by all executive agencies and applicants with respect to the buildings
and other property of each such agency.
‘‘(B) EXCEPTION.—The requirement under subparagraph (A) for an executive agency to use the common
form or set of forms developed by the Administrator of
General Services shall not apply to an executive agency
if the head of the executive agency notifies the Administrator that the executive agency uses a substantially
similar application.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) COMMUNICATIONS FACILITY INSTALLATION.—The term
‘communications facility installation’ includes—
‘‘(A) any infrastructure, including any transmitting
device, tower, or support structure, and any equipment,
switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed
wireless or wireline transmission of writings, signs, signals,
data, images, pictures, and sounds of all kinds; and
‘‘(B) any antenna or apparatus that—
‘‘(i) is designed for the purpose of emitting radio
frequency;
‘‘(ii) is designed to be operated, or is operating,
from a fixed location pursuant to authorization by the
Federal Communications Commission or is using duly
authorized devices that do not require individual
licenses; and
‘‘(iii) is added to a tower, building, or other structure.

H. R. 1625—756
‘‘(2) EXECUTIVE AGENCY.—The term ‘executive agency’ has
the meaning given such term in section 102 of title 40, United
States Code.’’.
(b) SAVINGS PROVISION.—An application for an easement, rightof-way, or lease that was made or granted under section 6409
of the Middle Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1455) before the date of enactment of this Act shall continue,
subject to that section as in effect on the day before such date
of enactment.
(c) STREAMLINING BROADBAND FACILITY APPLICATIONS.—
(1) DEFINITION OF COMMUNICATIONS FACILITY INSTALLATION.—In this subsection, the term ‘‘communications facility
installation’’ has the meaning given the term in section 6409(d)
of the Middle Class Tax Relief and Job Creation Act of 2012
(47 U.S.C. 1455(d)), as amended by subsection (a).
(2) RECOMMENDATIONS.—
(A) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act, the NTIA, in coordination
with the Department of the Interior, the Department of
Agriculture, the Department of Defense, the Department
of Transportation, OMB, and the General Services Administration, shall develop recommendations to streamline the
process for considering applications by those agencies under
section 6409(b) of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1455(b)), as amended by
subsection (a).
(B) REQUIREMENTS FOR RECOMMENDATIONS.—The recommendations developed under subparagraph (A) shall
include—
(i) procedures for the tracking of applications
described in subparagraph (A);
(ii) methods by which to reduce the amount of
time between the receipt of an application and the
issuance of a final decision on an application;
(iii) policies to expedite renewals of an easement,
license, or other authorization to locate communications facility installations on land managed by the
agencies described in subparagraph (A); and
(iv) policies that would prioritize or streamline
a permit for construction in a previously-disturbed
right-of-way.
(C) REPORT TO CONGRESS.—Not later than 2 years after
the date on which the recommendations required under
subparagraph (A) are developed, the NTIA shall submit
to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee
on Energy and Commerce of the House of Representatives,
the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Oversight and Government Reform of the House of Representatives a report that describes—
(i) the status of the implementation of the recommendations developed under subparagraph (A); and
(ii) any improvements to the process for considering applications described in subparagraph (A) that
have resulted from those recommendations, including

H. R. 1625—757
in particular the speed at which such applications are
reviewed and a final determination is issued.
(d) ADDITIONAL SAVINGS PROVISIONS.—
(1) REAL PROPERTY AUTHORITIES.—Nothing in this section,
or the amendments made by this section, shall be construed
as providing any executive agency with any new leasing or
other real property authorities not existing prior to the date
of enactment of this Act.
(2) EFFECT ON OTHER LAWS.—Nothing in this section, or
the amendments made by this section, and no actions taken
pursuant to this section, or the amendments made by this
section, shall impact a decision or determination by any executive agency to sell, dispose of, declare excess or surplus, lease,
reuse, or redevelop any Federal real property pursuant to title
40, United States Code, the Federal Assets Sale and Transfer
Act of 2016 (Public Law 114–287), or any other law governing
real property activities of the Federal Government. No agreement entered into pursuant to this section, or the amendments
made by this section, may obligate the Federal Government
to hold, control, or otherwise retain or use real property that
may otherwise be deemed as excess, surplus, or that could
be otherwise sold, leased, or redeveloped.
SEC. 607. BROADBAND INFRASTRUCTURE DEPLOYMENT.

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE STATE AGENCY.—The term ‘‘appropriate
State agency’’ means a State governmental agency that is recognized by the executive branch of the State as having the experience necessary to evaluate and carry out projects relating to
the proper and effective installation and operation of broadband
infrastructure.
(2) BROADBAND INFRASTRUCTURE.—The term ‘‘broadband
infrastructure’’ means any buried, underground, or aerial
facility, and any wireless or wireline connection, that enables
users to send and receive voice, video, data, graphics, or any
combination thereof.
(3) BROADBAND INFRASTRUCTURE ENTITY.—The term
‘‘broadband infrastructure entity’’ means any entity that—
(A) installs, owns, or operates broadband infrastructure; and
(B) provides broadband services in a manner consistent
with the public interest, convenience, and necessity, as
determined by the State.
(4) STATE.—The term ‘‘State’’ means—
(A) a State;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(b) BROADBAND INFRASTRUCTURE DEPLOYMENT.—To facilitate
the installation of broadband infrastructure, the Secretary of
Transportation shall promulgate regulations to ensure that each
State that receives funds under chapter 1 of title 23, United States
Code, meets the following requirements:
(1) BROADBAND CONSULTATION.—The State department of
transportation, in consultation with appropriate State agencies,
shall—
(A) identify a broadband utility coordinator, that may
have additional responsibilities, whether in the State

H. R. 1625—758
department of transportation or in another State agency,
that is responsible for facilitating the broadband infrastructure right-of-way efforts within the State;
(B) establish a process for the registration of broadband
infrastructure entities that seek to be included in those
broadband infrastructure right-of-way facilitation efforts
within the State;
(C) establish a process to electronically notify
broadband infrastructure entities identified under subparagraph (B) of the State transportation improvement program
on an annual basis and provide additional notifications
as necessary to achieve the goals of this section; and
(D) coordinate initiatives carried out under this section
with other statewide telecommunication and broadband
plans and State and local transportation and land use
plans, including strategies to minimize repeated excavations that involve the installation of broadband infrastructure in a right-of-way.
(2) PRIORITY.—If a State chooses to provide for the installation of broadband infrastructure in the right-of-way of an
applicable Federal-aid highway project under this subsection,
the State department of transportation shall carry out any
appropriate measures to ensure that any existing broadband
infrastructure entities are not disadvantaged, as compared to
other broadband infrastructure entities, with respect to the
program under this subsection.
(c) EFFECT OF SECTION.—This section applies only to activities
for which Federal obligations or expenditures are initially approved
on or after the date regulations under subsection (b) become effective. Nothing in this section establishes a mandate or requirement
that a State install or allow the installation of broadband infrastructure in a highway right-of-way. Nothing in this section authorizes
the Secretary of Transportation to withhold or reserve funds or
approval of a project under title 23, United States Code.
SEC. 608. COMMUNICATIONS FACILITIES INSTALLATION.

(a) IN GENERAL.—Section 21 of the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note) is amended—
(1) in subsection (b), by adding at the end the following:
‘‘(8) The ability of the Federal real property to support
a communications facility installation.’’; and
(2) by adding at the end the following:
‘‘(f) DEFINITION OF COMMUNICATIONS FACILITY INSTALLATION.—
In this section, the term ‘communications facility installation’
means—
‘‘(1) any infrastructure, including any transmitting device,
tower, or support structure, and any equipment, switches,
wiring, cabling, power sources, shelters, or cabinets associated
with the licensed or permitted unlicensed wireless or wireline
transmission of writings, signs, signals, data, images, pictures,
and sounds of any kind; and
‘‘(2) any antenna or apparatus that—
‘‘(A) is designed for the purpose of emitting radio frequency;
‘‘(B) is designed to be operated, or is operating, from
a fixed location pursuant to authorization by the Federal

H. R. 1625—759
Communications Commission or is using duly authorized
devices that do not require individual licenses; and
‘‘(C) is added to a tower, building, or other structure.’’.
(b) PUBLIC COMMENT.—
(1) IN GENERAL.—Not later than 60 days after the date
of enactment of this Act, the Administrator of General Services
shall issue a notice for public comment regarding the inclusion
of a communications facility installation under section 21 of
the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C.
1303 note), as amended by subsection (a) of this section.
(2) CONTENTS.—In seeking public comment under paragraph (1), the Administrator shall include a request for recommendations on—
(A) the criteria that make Federal real property capable
of supporting communications facility installations;
(B) the types of information related to the Federal
real property that should be included in the database;
and
(C) other matters that the Administrator determines
necessary.
(c) PROVISION OF INFORMATION.—
(1) IN GENERAL.—Not later than 90 days after the period
for public comment under subsection (b)(1) ends, the Administrator of General Services shall notify the head of each Executive agency of the manner and format for submitting such
information as the Administrator determines appropriate to
the database established under section 21 of the Federal Assets
Sale and Transfer Act of 2016 (40 U.S.C. 1303 note), as
amended by subsection (a) of this section.
(2) SUBMISSION.—Not later than 90 days after the date
of the notification under paragraph (1), the head of an Executive
agency shall submit the information required under paragraph
(1).
(d) STATE AND LOCAL GOVERNMENTS.—
(1) IN GENERAL.—The Administrator of General Services,
in consultation with the Chairman of the Commission, the
Assistant Secretary of Commerce for Communications and
Information, the Under Secretary of Commerce for Standards
and Technology, and the Director of OMB, shall study—
(A) how to incentivize State and local governments
to provide the Administrator with information, similar to
the information required under subsection (c)(1), for inclusion in the database described in that subsection; and
(B) the feasibility of establishing or operating a database to which State and local governments can voluntarily
submit such information.
(2) REPORT ON INCENTIVIZING PARTICIPATION BY STATE AND
LOCAL GOVERNMENTS.—
(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Administrator of General
Services, in consultation with the Chairman of the Commission, the Assistant Secretary of Commerce for Communications and Information, the Under Secretary of Commerce
for Standards and Technology, and the Director of OMB,
shall submit to the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security

H. R. 1625—760
and Governmental Affairs of the Senate, and the Committee on Energy and Commerce, the Committee on
Transportation and Infrastructure, and the Committee on
Oversight and Government Reform of the House of Representatives a report on the findings of the study under
paragraph (1), including recommendations, if any, consistent with this section.
(B) CONSIDERATIONS.—The Administrator of General
Services, in preparing the report under subparagraph (A),
shall—
(i) consult with State and local governments, or
their representatives, to identify for inclusion in the
report the most cost-effective options for State and
local governments to collect and provide the information described in paragraph (1), including utilizing and
leveraging State broadband initiatives and programs;
and
(ii) make recommendations on ways the Federal
Government can assist State and local governments
in collecting and providing the information described
in paragraph (1).
(e) SAVINGS PROVISIONS.—
(1) REAL PROPERTY AUTHORITIES.—Nothing in this section,
or an amendment made by this section, shall be construed
as providing any Executive agency with any new leasing or
other real property authority that did not exist prior to the
date of enactment of this Act.
(2) EFFECT ON OTHER LAWS.—Nothing in this section, or
an amendment made by this section, and no information submitted pursuant to this section, or pursuant to an amendment
made by this section, shall be used to prevent or otherwise
restrict a decision or determination by any Executive agency
to sell, dispose of, declare excess or surplus, lease, reuse or
redevelop any Federal real property pursuant to—
(A) title 40 of the United States Code;
(B) the Federal Assets Sale and Transfer Act of 2016
(40 U.S.C. 1303 note); or
(C) any other law governing real property activities
of the Federal Government.
SEC. 609. REALLOCATION INCENTIVES.

(a) IN GENERAL.—Not later than 24 months after the date
of enactment of this Act, the Assistant Secretary of Commerce
for Communications and Information, in consultation with the
Commission, the Director of OMB, and the head of each affected
Federal agency (or a designee thereof), after notice and an opportunity for public comment, shall submit to the appropriate committees of Congress a report that includes legislative or regulatory
recommendations to incentivize a Federal entity to relinquish, or
share with Federal or non-Federal users, Federal spectrum for
the purpose of allowing commercial wireless broadband services
to operate on that Federal spectrum.
(b) POST-AUCTION PAYMENTS.—
(1) REPORT.—In preparing the report under subsection (a),
the Assistant Secretary of Commerce for Communications and
Information shall—

H. R. 1625—761
(A) consider whether permitting eligible Federal entities that are implementing a transition plan submitted
under section 113(h) of the National Telecommunications
and Information Administration Organization Act (47
U.S.C. 923(h)) to accept payments could result in access
to the eligible frequencies that are being reallocated for
exclusive non-Federal use or shared use sooner than would
otherwise occur without such payments; and
(B) include the findings under subparagraph (A),
including the analysis under paragraph (2) and any recommendations for legislation, in the report.
(2) ANALYSIS.—In considering payments under paragraph
(1)(A), the Assistant Secretary of Commerce for Communications and Information shall conduct an analysis of whether
and how such payments would affect—
(A) bidding in auctions conducted under section 309(j)
of the Communications Act of 1934 (47 U.S.C. 309(j)) of
such eligible frequencies; and
(B) receipts collected from the auctions described in
subparagraph (A).
(3) DEFINITIONS.—In this subsection:
(A) PAYMENT.—The term ‘‘payment’’ means a payment
in cash or in-kind by any auction winner, or any person
affiliated with an auction winner, of eligible frequencies
during the period after eligible frequencies have been
reallocated by competitive bidding under section 309(j) of
the Communications Act of 1934 (47 U.S.C. 309(j)) but
prior to the completion of relocation or sharing transition
of such eligible frequencies per transition plans approved
by the Technical Panel.
(B) ELIGIBLE FREQUENCIES.—The term ‘‘eligible frequencies’’ has the meaning given the term in section
113(g)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)).
SEC. 610. BIDIRECTIONAL SHARING STUDY.

(a) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, including an opportunity for public comment, the Commission, in collaboration with the NTIA, shall—
(1) conduct a bidirectional sharing study to determine the
best means of providing Federal entities flexible access to nonFederal spectrum on a shared basis across a range of short, mid-, and long-range timeframes, including for intermittent
purposes like emergency use; and
(2) submit to Congress a report on the study under paragraph (1), including any recommendations for legislation or
proposed regulations.
(b) CONSIDERATIONS.—In conducting the study under subsection
(a), the Commission shall—
(1) consider the regulatory certainty that commercial spectrum users and Federal entities need to make longer-term
investment decisions for shared access to be viable; and
(2) evaluate any barriers to voluntary commercial arrangements in which non-Federal users could provide access to Federal entities.

H. R. 1625—762
SEC. 611. UNLICENSED SERVICES IN GUARD BANDS.

(a) IN GENERAL.—After public notice and comment, and in
consultation with the Assistant Secretary of Commerce for Communications and Information and the head of each affected Federal
agency (or a designee thereof), with respect to frequencies allocated
for Federal use, the Commission shall adopt rules that permit
unlicensed services where feasible to use any frequencies that are
designated as guard bands to protect frequencies allocated after
the date of enactment of this Act by competitive bidding under
section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)),
including spectrum that acts as a duplex gap between transmit
and receive frequencies.
(b) LIMITATION.—The Commission may not permit any use of
a guard band under this section that would cause harmful interference to a licensed service or a Federal service.
(c) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed as limiting the Commission or the Assistant Secretary
of Commerce for Communications and Information from otherwise
making spectrum available for licensed or unlicensed use in any
frequency band in addition to guard bands, including under section
603 of this title, consistent with their statutory jurisdictions.
SEC. 612. PRE-AUCTION FUNDING.

Section 118(d)(3)(B)(i)(II) of the National Telecommunications
and Information Administration Organization Act (47 U.S.C.
928(d)(3)(B)(i)(II)) is amended by striking ‘‘5 years’’ and inserting
‘‘8 years’’.
SEC. 613. IMMEDIATE TRANSFER OF FUNDS.

Section 118(e)(1) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 928(e)(1))
is amended by adding at the end the following:
‘‘(D) At the request of an eligible Federal entity, the
Director of the Office of Management and Budget (in this
subsection referred to as ‘OMB’) may transfer the amount
under subparagraph (A) immediately—
‘‘(i) after the frequencies are reallocated by
competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)); or
‘‘(ii) in the case of an incumbent Federal entity
that is incurring relocation or sharing costs to
accommodate sharing spectrum frequencies with
another Federal entity, after the frequencies from
which the other eligible Federal entity is relocating
are reallocated by competitive bidding under section
309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)), without regard to the availability of such sums
in the Fund.
‘‘(E) Prior to the deposit of proceeds into the Fund
from an auction, the Director of OMB may borrow from
the Treasury the amount under subparagraph (A) for a
transfer under subparagraph (D). The Treasury shall immediately be reimbursed, without interest, from funds deposited into the Fund.’’.
SEC. 614. AMENDMENTS TO THE SPECTRUM PIPELINE ACT OF 2015.

Section 1008 of the Spectrum Pipeline Act of 2015 (Public
Law 114–74; 129 Stat. 584) is amended in the matter preceding

H. R. 1625—763
paragraph (1) by inserting ‘‘, after notice and an opportunity for
public comment,’’ after ‘‘the Commission’’.
SEC. 615. GAO ASSESSMENT OF UNLICENSED SPECTRUM AND WI-FI
USE IN LOW-INCOME NEIGHBORHOODS.

(a) STUDY.—
(1) IN GENERAL.—The Comptroller General of the United
States shall conduct a study to evaluate the availability of
broadband Internet access using unlicensed spectrum and wireless networks in low-income neighborhoods.
(2) REQUIREMENTS.—In conducting the study under paragraph (1), the Comptroller General shall consider and
evaluate—
(A) the availability of wireless Internet hot spots and
access to unlicensed spectrum in low-income neighborhoods,
particularly for elementary and secondary school-aged children in such neighborhoods;
(B) any barriers preventing or limiting the deployment
and use of wireless networks in low-income neighborhoods;
(C) how to overcome any barriers described in subparagraph (B), including through incentives, policies, or requirements that would increase the availability of unlicensed
spectrum and related technologies in low-income neighborhoods; and
(D) how to encourage home broadband adoption by
households with elementary and secondary school-age children that are in low-income neighborhoods.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of Representatives a report that—
(1) summarizes the findings of the study conducted under
subsection (a); and
(2) makes recommendations with respect to potential incentives, policies, and requirements that could help achieve the
goals described in subparagraphs (C) and (D) of subsection
(a)(2).
SEC.

616.

RULEMAKING
RELATED
TO
DISAGGREGATING LICENSES.

PARTITIONING

OR

(a) DEFINITIONS.—In this section:
(1) COVERED SMALL CARRIER.—The term ‘‘covered small
carrier’’ means a carrier (as defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153)) that—
(A) has not more than 1,500 employees (as determined
under section 121.106 of title 13, Code of Federal Regulations, or any successor thereto); and
(B) offers services using the facilities of the carrier.
(2) RURAL AREA.—The term ‘‘rural area’’ means any area
other than—
(A) a city, town, or incorporated area that has a population of more than 20,000 inhabitants; or
(B) an urbanized area contiguous and adjacent to a
city or town that has a population of more than 50,000
inhabitants.
(b) RULEMAKING.—

H. R. 1625—764
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Commission shall initiate a rulemaking proceeding to assess whether to establish a program,
or modify existing programs, under which a licensee that
receives a license for the exclusive use of spectrum in a specific
geographic area under section 301 of the Communications Act
of 1934 (47 U.S.C. 301) may partition or disaggregate the
license by sale or long-term lease—
(A) in order to—
(i) provide services consistent with the license; and
(ii) make unused spectrum available to—
(I) an unaffiliated covered small carrier; or
(II) an unaffiliated carrier to serve a rural
area; and
(B) if the Commission finds that such a program would
promote—
(i) the availability of advanced telecommunications
services in rural areas; or
(ii) spectrum availability for covered small carriers.
(2) CONSIDERATIONS.—In conducting the rulemaking proceeding under paragraph (1), the Commission shall consider,
with respect to the program proposed to be established under
that paragraph—
(A) whether reduced performance requirements with
respect to spectrum obtained through the program would
facilitate deployment of advanced telecommunications services in the areas covered by the program;
(B) what conditions may be needed on transfers of
spectrum under the program to allow covered small carriers
that obtain spectrum under the program to build out the
spectrum in a reasonable period of time;
(C) what incentives may be appropriate to encourage
licensees to lease or sell spectrum, including—
(i) extending the term of a license granted under
section 301 of the Communications Act of 1934 (47
U.S.C. 301); or
(ii) modifying performance requirements of the
license relating to the leased or sold spectrum; and
(D) the administrative feasibility of—
(i) the incentives described in subparagraph (C);
and
(ii) other incentives considered by the Commission
that further the goals of this section.
(3) FORFEITURE OF SPECTRUM.—If a party fails to meet
any build out requirements set by the Commission for any
spectrum sold or leased under this section, the right to the
spectrum shall be forfeited to the Commission unless the
Commission finds that there is good cause for the failure of
the party.
(4) REQUIREMENT.—The Commission may offer a licensee
incentives or reduced performance requirements under this section only if the Commission finds that doing so would likely
result in increased availability of advanced telecommunications
services in a rural area.

H. R. 1625—765
SEC. 617. UNLICENSED SPECTRUM POLICY.

(a) STATEMENT OF POLICY.—It is the policy of the United
States—
(1) to maximize the benefit to the people of the United
States of the spectrum resources of the United States;
(2) to advance innovation and investment in wireless
broadband services; and
(3) to promote spectrum policy that makes available on
an unlicensed basis radio frequency bands to address consumer
demand for unlicensed wireless broadband operations.
(b) COMMISSION RESPONSIBILITIES.—The Commission shall
ensure that the efforts of the Commission related to spectrum
allocation and assignment made available on an unlicensed basis
radio frequency bands to address demand for unlicensed wireless
broadband operations if doing so is, after taking into account the
future needs of homeland security, national security, and other
spectrum users—
(1) reasonable; and
(2) in the public interest.
(c) RULE OF CONSTRUCTION.—Nothing in this section confers
any additional rights on unlicensed users or users licensed by
rule under part 96 of title 47, Code of Federal Regulations, to
protection from harmful interference.
SEC. 618. NATIONAL PLAN FOR UNLICENSED SPECTRUM.

(a) DEFINITIONS.—In this section:
(1) SPECTRUM RELOCATION FUND.—The term ‘‘Spectrum
Relocation Fund’’ means the Fund established under section
118 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 928).
(2) UNLICENSED OR LICENSED BY RULE OPERATIONS.—The
term ‘‘unlicensed or licensed by rule operations’’ means the
use of spectrum on a non-exclusive basis under—
(A) part 15 of title 47, Code of Federal Regulations;
or
(B) licensing by rule under part 96 of title 47, Code
of Federal Regulations.
(b) NATIONAL PLAN.—Not later than 18 months after the date
of enactment of this Act, the Commission, in consultation with
the NTIA, shall develop a national plan for making additional
radio frequency bands available for unlicensed or licensed by rule
operations.
(c) REQUIREMENTS.—The plan developed under this section
shall—
(1) identify an approach that ensures that consumers have
access to additional spectrum to conduct unlicensed or licensed
by rule operations in a range of radio frequencies to meet
consumer demand;
(2) recommend specific actions by the Commission and
the NTIA to permit unlicensed or licensed by rule operations
in additional radio frequency ranges that the Commission
finds—
(A) are consistent with the statement of policy under
section 617(a) of this title;
(B) will—
(i) expand opportunities for unlicensed or licensed
by rule operations in a spectrum band; or

H. R. 1625—766
(ii) otherwise improve spectrum utilization and
intensity of use of bands where unlicensed or licensed
by rule operations are already permitted;
(C) will not cause harmful interference to Federal or
non-Federal users of such bands; and
(D) will not significantly impact homeland security or
national security communications systems; and
(3) examine additional ways, with respect to existing and
planned databases or spectrum access systems designed to promote spectrum sharing and access to spectrum for unlicensed
or licensed by rule operations—
(A) to improve accuracy and efficacy;
(B) to reduce burdens on consumers, manufacturers,
and service providers; and
(C) to protect sensitive Government information.
(d) SPECTRUM RELOCATION FUND.—To be included as an
appendix as part of the plan developed under this section, the
NTIA, in consultation with the Director of the Office of Management
and Budget, shall share with the Commission recommendations
about how to reform the Spectrum Relocation Fund—
(1) to address costs incurred by Federal entities related
to sharing radio frequency bands with radio technologies conducting unlicensed or licensed by rule operations; and
(2) to ensure the Spectrum Relocation Fund has sufficient
funds to cover—
(A) the costs described in paragraph (1); and
(B) other expenditures allowed of the Spectrum Relocation Fund under section 118 of the National Telecommunications and Information Administration Organization Act
(47 U.S.C. 928).
(e) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report that describes
the plan developed under this section, including any recommendations for legislative change.
(2) PUBLICATION ON COMMISSION WEBSITE.—Not later than
the date on which the Commission submits the report under
paragraph (1), the Commission shall make the report publicly
available on the website of the Commission.
(f) RULE OF CONSTRUCTION.—Nothing in this section confers
any additional rights on unlicensed users or users licensed by
rule under part 96 of title 47, Code of Federal Regulations, to
protection from harmful interference.
SEC. 619. SPECTRUM CHALLENGE PRIZE.

(a) SHORT TITLE.—This section may be cited as the ‘‘Spectrum
Challenge Prize Act’’.
(b) DEFINITION OF PRIZE COMPETITION.—In this section, the
term ‘‘prize competition’’ means a prize competition conducted by
the Secretary under subsection (c)(1).
(c) SPECTRUM CHALLENGE PRIZE.—
(1) IN GENERAL.—The Secretary, in consultation with the
Assistant Secretary of Commerce for Communications and
Information and the Under Secretary of Commerce for Standards and Technology, shall, subject to the availability of funds
for prize competitions under this section—

H. R. 1625—767
(A) conduct prize competitions to dramatically accelerate the development and commercialization of technology
that improves spectrum efficiency and is capable of costeffective deployment; and
(B) define a measurable set of performance goals for
participants in the prize competitions to demonstrate their
solutions on a level playing field while making a significant
advancement over the current state of the art.
(2) AUTHORITY OF SECRETARY.—In carrying out paragraph
(1), the Secretary may—
(A) enter into a grant, contract, cooperative agreement,
or other agreement with a private sector for-profit or nonprofit entity to administer the prize competitions;
(B) invite the Defense Advanced Research Projects
Agency, the Commission, the National Aeronautics and
Space Administration, the National Science Foundation,
or any other Federal agency to provide advice and assistance in the design or administration of the prize competitions; and
(C) award not more than $5,000,000, in the aggregate,
to the winner or winners of the prize competitions.
(d) CRITERIA.—Not later than 180 days after the date on which
funds for prize competitions are made available pursuant to this
section, the Commission shall publish a technical paper on spectrum
efficiency providing criteria that may be used for the design of
the prize competitions.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 620. WIRELESS TELECOMMUNICATIONS TAX AND FEE COLLECTION FAIRNESS.

(a) SHORT TITLE.—This section may be cited as the ‘‘Wireless
Telecommunications Tax and Fee Collection Fairness Act’’.
(b) DEFINITIONS.—In this section:
(1) FINANCIAL TRANSACTION.—The term ‘‘financial transaction’’ means a transaction in which the purchaser or user
of a wireless telecommunications service upon whom a tax,
fee, or surcharge is imposed gives cash, credit, or any other
exchange of monetary value or consideration to the person
who is required to collect or remit the tax, fee, or surcharge.
(2) LOCAL JURISDICTION.—The term ‘‘local jurisdiction’’
means a political subdivision of a State.
(3) STATE.—The term ‘‘State’’ means any of the several
States, the District of Columbia, and any territory or possession
of the United States.
(4) STATE OR LOCAL JURISDICTION.—The term ‘‘State or
local jurisdiction’’ includes any governmental entity or person
acting on behalf of a State or local jurisdiction that has the
authority to assess, impose, levy, or collect taxes or fees.
(5) WIRELESS TELECOMMUNICATIONS SERVICE.—The term
‘‘wireless telecommunications service’’ means a commercial
mobile radio service, as defined in section 20.3 of title 47,
Code of Federal Regulations, or any successor thereto.
(c) FINANCIAL TRANSACTION REQUIREMENT.—
(1) IN GENERAL.—A State, or a local jurisdiction of a State,
may not require a person who is neither a resident of such

H. R. 1625—768
State or local jurisdiction nor an entity having its principal
place of business in such State or local jurisdiction to collect
from, or remit on behalf of, any other person a State or local
tax, fee, or surcharge imposed on a purchaser or user with
respect to the purchase or use of any wireless telecommunications service within the State unless the collection or remittance is in connection with a financial transaction.
(2) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to affect the right of a State or local jurisdiction to require the collection of any tax, fee, or surcharge
in connection with a financial transaction.
(d) ENFORCEMENT.—
(1) PRIVATE RIGHT OF ACTION.—Any person aggrieved by
a violation of subsection (c) may bring a civil action in an
appropriate district court of the United States for equitable
relief in accordance with paragraph (2) of this subsection.
(2) JURISDICTION OF DISTRICT COURTS.—Notwithstanding
section 1341 of title 28, United States Code, or the constitution
or laws of any State, the district courts of the United States
shall have jurisdiction, without regard to the amount in controversy or citizenship of the parties, to grant such mandatory
or prohibitive injunctive relief, interim equitable relief, and
declaratory judgments as may be necessary to prevent, restrain,
or terminate any acts in violation of subsection (c).
SEC. 621. RULES OF CONSTRUCTION.

(a) RANGES OF FREQUENCIES.—Each range of frequencies
described in this title shall be construed to be inclusive of the
upper and lower frequencies in the range.
(b) ASSESSMENT OF ELECTROMAGNETIC SPECTRUM REALLOCATION.—Nothing in this title shall be construed to affect any requirement under section 156 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 921 note),
as added by section 1062(a) of the National Defense Authorization
Act for Fiscal Year 2000.
SEC. 622. RELATIONSHIP TO MIDDLE CLASS TAX RELIEF AND JOB
CREATION ACT OF 2012.

Nothing in this title shall be construed to limit, restrict, or
circumvent in any way the implementation of the nationwide public
safety broadband network defined in section 6001 of title VI of
the Middle Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1401) or any rules implementing that network under title
VI of that Act (47 U.S.C. 1401 et seq.).
SEC. 623. NO ADDITIONAL FUNDS AUTHORIZED.

No additional funds are authorized to be appropriated to carry
out this title, or the amendments made by this title. This title,
and the amendments made by this title, shall be carried out using
amounts otherwise authorized.

DIVISION Q—KEVIN AND AVONTE’S LAW
SECTION 1. SHORT TITLE.

This division may be cited as the ‘‘Kevin and Avonte’s Law
of 2018’’.

H. R. 1625—769

TITLE I—MISSING ALZHEIMER’S DISEASE PATIENT ALERT PROGRAM REAUTHORIZATION
SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Missing Americans Alert Program Act of 2018’’.
SEC. 102. REAUTHORIZATION OF THE MISSING ALZHEIMER’S DISEASE
PATIENT ALERT PROGRAM.

(a) AMENDMENTS.—Section 240001 of the Violent Crime Control
and Law Enforcement Act of 1994 (34 U.S.C. 12621) is amended—
(1) in the section header, by striking ‘‘ALZHEIMER’S DISEASE
PATIENT’’ and inserting ‘‘AMERICANS’’;
(2) by striking subsection (a) and inserting the following:
‘‘(a) GRANT PROGRAM TO REDUCE INJURY AND DEATH OF
MISSING AMERICANS WITH DEMENTIA AND DEVELOPMENTAL DISABILITIES.—Subject to the availability of appropriations to carry out
this section, the Attorney General, through the Bureau of Justice
Assistance and in consultation with the Secretary of Health and
Human Services—
‘‘(1) shall award competitive grants to health care agencies,
State and local law enforcement agencies, or public safety agencies and nonprofit organizations to assist such entities in planning, designing, establishing, or operating locally based,
proactive programs to prevent wandering and locate missing
individuals with forms of dementia, such as Alzheimer’s Disease, or developmental disabilities, such as autism, who, due
to their condition, wander from safe environments, including
programs that—
‘‘(A) provide prevention and response information,
including online training resources, and referrals to families or guardians of such individuals who, due to their
condition, wander from a safe environment;
‘‘(B) provide education and training, including online
training resources, to first responders, school personnel,
clinicians, and the public in order to—
‘‘(i) increase the safety and reduce the incidence
of wandering of persons, who, due to their dementia
or developmental disabilities, may wander from safe
environments;
‘‘(ii) facilitate the rescue and recovery of individuals who, due to their dementia or developmental
disabilities, wander from safe environments; and
‘‘(iii) recognize and respond to and appropriately
interact with endangered missing individuals with
dementia or developmental disabilities who, due to
their condition, wander from safe environments;
‘‘(C) provide prevention and response training and
emergency protocols for school administrators, staff, and
families or guardians of individuals with dementia, such
as Alzheimer’s Disease, or developmental disabilities, such
as autism, to help reduce the risk of wandering by such
individuals; and

H. R. 1625—770
‘‘(D) develop, operate, or enhance a notification or
communications systems for alerts, advisories, or dissemination of other information for the recovery of missing
individuals with forms of dementia, such as Alzheimer’s
Disease, or with developmental disabilities, such as autism;
and
‘‘(2) shall award grants to health care agencies, State and
local law enforcement agencies, or public safety agencies to
assist such agencies in designing, establishing, and operating
locative tracking technology programs for individuals with
forms of dementia, such as Alzheimer’s Disease, or children
with developmental disabilities, such as autism, who have wandered from safe environments.’’;
(3) in subsection (b)—
(A) by inserting ‘‘competitive’’ after ‘‘to receive a’’;
(B) by inserting ‘‘agency or’’ before ‘‘organization’’ each
place it appears; and
(C) by adding at the end the following: ‘‘The Attorney
General shall periodically solicit applications for grants
under this section by publishing a request for applications
in the Federal Register and by posting such a request
on the website of the Department of Justice.’’; and
(4) by striking subsections (c) and (d) and inserting the
following:
‘‘(c) PREFERENCE.—In awarding grants under subsection (a)(1),
the Attorney General shall give preference to law enforcement
or public safety agencies that partner with nonprofit organizations
that appropriately use person-centered plans minimizing restrictive
interventions and that have a direct link to individuals, and families
of individuals, with forms of dementia, such as Alzheimer’s Disease,
or developmental disabilities, such as autism.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $2,000,000 for each
of fiscal years 2018 through 2022.
‘‘(e) GRANT ACCOUNTABILITY.—All grants awarded by the
Attorney General under this section shall be subject to the following
accountability provisions:
‘‘(1) AUDIT REQUIREMENT.—
‘‘(A) DEFINITION.—In this paragraph, the term ‘unresolved audit finding’ means a finding in the final audit
report of the Inspector General of the Department of Justice
that the audited grantee has utilized grant funds for an
unauthorized expenditure or otherwise unallowable cost
that is not closed or resolved within 12 months from the
date when the final audit report is issued.
‘‘(B) AUDITS.—Beginning in the first fiscal year beginning after the date of enactment of this subsection, and
in each fiscal year thereafter, the Inspector General of
the Department of Justice shall conduct audits of recipients
of grants under this section to prevent waste, fraud, and
abuse of funds by grantees. The Inspector General shall
determine the appropriate number of grantees to be audited
each year.
‘‘(C) MANDATORY EXCLUSION.—A recipient of grant
funds under this section that is found to have an unresolved
audit finding shall not be eligible to receive grant funds
under this section during the first 2 fiscal years beginning

H. R. 1625—771
after the end of the 12-month period described in subparagraph (A).
‘‘(D) PRIORITY.—In awarding grants under this section,
the Attorney General shall give priority to eligible
applicants that did not have an unresolved audit finding
during the 3 fiscal years before submitting an application
for a grant under this section.
‘‘(E) REIMBURSEMENT.—If an entity is awarded grant
funds under this section during the 2-fiscal-year period
during which the entity is barred from receiving grants
under subparagraph (C), the Attorney General shall—
‘‘(i) deposit an amount equal to the amount of
the grant funds that were improperly awarded to the
grantee into the General Fund of the Treasury; and
‘‘(ii) seek to recoup the costs of the repayment
to the fund from the grant recipient that was erroneously awarded grant funds.
‘‘(2) NONPROFIT ORGANIZATION REQUIREMENTS.—
‘‘(A) DEFINITION OF NONPROFIT ORGANIZATION.—For
purposes of this paragraph and the grant programs under
this section, the term ‘nonprofit organization’ means an
organization that is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and is exempt from taxation
under section 501(a) of such Code.
‘‘(B) PROHIBITION.—The Attorney General may not
award a grant under this section to a nonprofit organization
that holds money in offshore accounts for the purpose of
avoiding paying the tax described in section 511(a) of the
Internal Revenue Code of 1986.
‘‘(C) DISCLOSURE.—Each nonprofit organization that is
awarded a grant under this section and uses the procedures
prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers,
directors, trustees, and key employees, shall disclose to
the Attorney General, in the application for the grant,
the process for determining such compensation, including
the independent persons involved in reviewing and
approving such compensation, the comparability data used,
and contemporaneous substantiation of the deliberation
and decision. Upon request, the Attorney General shall
make the information disclosed under this subparagraph
available for public inspection.
‘‘(3) CONFERENCE EXPENDITURES.—
‘‘(A) LIMITATION.—No amounts made available to the
Department of Justice under this section may be used
by the Attorney General, or by any individual or entity
awarded discretionary funds through a cooperative agreement under this section, to host or support any expenditure
for conferences that uses more than $20,000 in funds made
available by the Department of Justice, unless the head
of the relevant agency or department, provides prior written authorization that the funds may be expended to host
the conference.
‘‘(B) WRITTEN APPROVAL.—Written approval under
subparagraph (A) shall include a written estimate of all
costs associated with the conference, including the cost

H. R. 1625—772
of all food, beverages, audio-visual equipment, honoraria
for speakers, and entertainment.
‘‘(C) REPORT.—The Deputy Attorney General shall
submit an annual report to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the
House of Representatives on all conference expenditures
approved under this paragraph.
‘‘(4) ANNUAL CERTIFICATION.—Beginning in the first fiscal
year beginning after the date of enactment of this subsection,
the Attorney General shall submit, to the Committee on the
Judiciary and the Committee on Appropriations of the Senate
and the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives, an annual
certification—
‘‘(A) indicating whether—
‘‘(i) all audits issued by the Office of the Inspector
General under paragraph (1) have been completed and
reviewed by the appropriate Assistant Attorney General or Director;
‘‘(ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and
‘‘(iii) all reimbursements required under paragraph
(1)(E) have been made; and
‘‘(B) that includes a list of any grant recipients excluded
under paragraph (1) from the previous year.
‘‘(f) PREVENTING DUPLICATIVE GRANTS.—
‘‘(1) IN GENERAL.—Before the Attorney General awards a
grant to an applicant under this section, the Attorney General
shall compare potential grant awards with other grants
awarded by the Attorney General to determine if grant awards
are or have been awarded for a similar purpose.
‘‘(2) REPORT.—If the Attorney General awards grants to
the same applicant for a similar purpose the Attorney General
shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of Representatives a report that includes—
‘‘(A) a list of all such grants awarded, including the
total dollar amount of any such grants awarded; and
‘‘(B) the reason the Attorney General awarded multiple
grants to the same applicant for a similar purpose.’’.
(b) ANNUAL REPORT.—Not later than 2 years after the date
of enactment of this Act and every year thereafter, the Attorney
General shall submit to the Committee on the Judiciary and the
Committee on Appropriations of the Senate and the Committee
on the Judiciary and the Committee on Appropriations of the House
of Representatives a report on the Missing Americans Alert Program, as amended by subsection (a), which shall address—
(1) the number of individuals who benefitted from the
Missing Americans Alert Program, including information such
as the number of individuals with reduced unsafe wandering,
the number of people who were trained through the program,
and the estimated number of people who were impacted by
the program;
(2) the number of State, local, and tribal law enforcement
or public safety agencies that applied for funding under the
Missing Americans Alert Program;

H. R. 1625—773
(3) the number of State, local, and tribal local law enforcement or public safety agencies that received funding under
the Missing Americans Alert Program, including—
(A) the number of State, local, and tribal law enforcement or public safety agencies that used such funding
for training; and
(B) the number of State, local, and tribal law enforcement or public safety agencies that used such funding
for designing, establishing, or operating locative tracking
technology;
(4) the companies, including the location (city and State)
of the headquarters and local offices of each company, for
which their locative tracking technology was used by State,
local, and tribal law enforcement or public safety agencies;
(5) the nonprofit organizations, including the location (city
and State) of the headquarters and local offices of each
organization, that State, local, and tribal law enforcement or
public safety agencies partnered with and the result of each
partnership;
(6) the number of missing children with autism or another
developmental disability with wandering tendencies or adults
with Alzheimer’s being served by the program who went
missing and the result of the search for each such individual;
and
(7) any recommendations for improving the Missing Americans Alert Program.
(c) TABLE OF CONTENTS.—The table of contents in section 2
of the Violent Crime Control and Law Enforcement Act of 1994
is amended by striking the item relating to section 240001 and
inserting the following:
‘‘Sec. 240001. Missing Americans Alert Program.’’.

TITLE II—EDUCATION AND OUTREACH
SEC. 201. ACTIVITIES BY THE NATIONAL CENTER FOR MISSING AND
EXPLOITED CHILDREN.

Section 404(b)(1)(H) of the Missing Children’s Assistance Act
(34 U.S.C. 11293(b)(1)(H)) is amended by inserting ‘‘, including
cases involving children with developmental disabilities such as
autism’’ before the semicolon.

TITLE III—PRIVACY PROTECTIONS
SEC. 301. DEFINITIONS.

In this title:
(1) CHILD.—The term ‘‘child’’ means an individual who
is less than 18 years of age.
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304(e)).

H. R. 1625—774
(3) LAW ENFORCEMENT AGENCY.—The term ‘‘law enforcement agency’’ means an agency of a State, unit of local government, or Indian tribe that is authorized by law or by a government agency to engage in or supervise the prevention, detection,
investigation, or prosecution of any violation of criminal law.
(4) NON-INVASIVE AND NON-PERMANENT.—The term ‘‘noninvasive and non-permanent’’ means, with regard to any technology or device, that the procedure to install the technology
or device does not create an external or internal marker or
implant a device, such as a microchip, or other trackable items.
(5) STATE.—The term ‘‘State’’ means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, American Samoa, Guam,
and the Commonwealth of the Northern Mariana Islands.
(6) UNIT OF LOCAL GOVERNMENT.—The term ‘‘unit of local
government’’ means a county, municipality, town, township,
village, parish, borough, or other unit of general government
below the State level.
SEC. 302. STANDARDS AND BEST PRACTICES FOR USE OF NONINVASIVE AND NON-PERMANENT TRACKING DEVICES.

(a) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Attorney General, in consultation
with the Secretary of Health and Human Services and leading
research, advocacy, self-advocacy, and service organizations,
shall establish standards and best practices relating to the
use of non-invasive and non-permanent tracking technology,
where a guardian or parent has determined that a non-invasive
and non-permanent tracking device is the least restrictive alternative, to locate individuals as described in subsection (a)(2)
of section 240001 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12621), as added by this Act.
(2) REQUIREMENTS.—In establishing the standards and best
practices required under paragraph (1), the Attorney General
shall—
(A) determine—
(i) the criteria used to determine which individuals
would benefit from the use of a tracking device;
(ii) the criteria used to determine who should have
direct access to the tracking system; and
(iii) which non-invasive and non-permanent types
of tracking devices can be used in compliance with
the standards and best practices; and
(B) establish standards and best practices the Attorney
General determines are necessary to the administration
of a tracking system, including procedures to—
(i) safeguard the privacy of the data used by the
tracking device such that—
(I) access to the data is restricted to law
enforcement and health agencies determined necessary by the Attorney General; and
(II) collection, use, and retention of the data
is solely for the purpose of preventing injury to
or death of the individual wearing the tracking
device;

H. R. 1625—775
(ii) establish criteria to determine whether use
of the tracking device is the least restrictive alternative
in order to prevent risk of injury or death before issuing
the tracking device, including the previous consideration of less restrictive alternatives;
(iii) provide training for law enforcement agencies
to recognize signs of abuse during interactions with
applicants for tracking devices;
(iv) protect the civil rights and liberties of the
individuals who use tracking devices, including their
rights under the Fourth Amendment to the Constitution of the United States and title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et seq.);
(v) establish a complaint and investigation process
to address—
(I) incidents of noncompliance by recipients
of grants under subsection (a)(2) of section 240001
of the Violent Crime Control and Law Enforcement
Act of 1994 (34 U.S.C. 12621), as added by this
Act, with the best practices established by the
Attorney General or other applicable law; and
(II) use of a tracking device over the objection
of an individual; and
(vi) determine the role that State agencies should
have in the administration of a tracking system.
(3) EFFECTIVE DATE.—The standards and best practices
established pursuant to paragraph (1) shall take effect 90 days
after publication of such standards and practices by the
Attorney General.
(b) REQUIRED COMPLIANCE.—
(1) IN GENERAL.—Each entity that receives a grant under
subsection (a)(2) of section 240001 of the Violent Crime Control
and Law Enforcement Act of 1994 (34 U.S.C. 12621), as added
by this Act, shall comply with any standards and best practices
relating to the use of tracking devices established by the
Attorney General in accordance with subsection (a).
(2) DETERMINATION OF COMPLIANCE.—The Attorney General, in consultation with the Secretary of Health and Human
Services, shall determine whether an entity that receives a
grant under subsection (a)(2) of section 240001 of the Violent
Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12621), as added by this Act, acts in compliance with the
standards and best practices described in paragraph (1).
(c) APPLICABILITY OF STANDARDS AND BEST PRACTICES.—The
standards and best practices established by the Attorney General
under subsection (a) shall apply only to the grant programs authorized under subsection (a)(2) of section 240001 of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C. 12621), as
added by this Act.
(d) LIMITATIONS ON PROGRAM.—
(1) DATA STORAGE.—Any tracking data provided by tracking
devices issued under this program may not be used by a Federal
entity to create a database.
(2) VOLUNTARY PARTICIPATION.—Nothing in this Act may
be construed to require that a parent or guardian use a tracking
device to monitor the location of a child or adult under that
parent or guardian’s supervision if the parent or guardian

H. R. 1625—776
does not believe that the use of such device is necessary or
in the interest of the child or adult under supervision.

DIVISION R—TARGET ACT
SECTION 1. SHORT TITLES.

This division may be cited as the ‘‘Targeted Rewards for the
Global Eradication of Human Trafficking’’ or the ‘‘TARGET Act’’.
SEC. 2. FINDINGS; SENSE OF CONGRESS.

(a) FINDINGS.—Congress finds the following:
(1) Trafficking in persons is a major transnational crime,
as recognized by the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7101 et seq.; division A of Public Law 106–386).
(2) Trafficking in persons is increasingly perpetrated by
organized, sophisticated criminal enterprises.
(3) Combating trafficking in persons requires a global
approach to identifying and apprehending the world’s worst
human trafficking rings.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the Department of State’s rewards program is a powerful tool
in combating sophisticated international crime and that the Department of State and Federal law enforcement should work in concert
to offer rewards that target human traffickers who prey on the
most vulnerable people around the world.
SEC. 3. REWARDS FOR JUSTICE.

Section 36(k)(5) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2708(k)(5)) is amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘means’’;
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving such clauses, as redesignated, 2 ems to the right;
(3) by inserting before clause (i), as redesignated, the following:
‘‘(A) means—’’;
(4) in clause (ii), as redesignated, by striking the period
at the end and inserting ‘‘; and’’; and
(5) by adding at the end following:
‘‘(B) includes severe forms of trafficking in persons
(as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) involving at least 1
jurisdiction outside of the United States.’’.

DIVISION S—OTHER MATTER
TITLE I—CHILD PROTECTION
IMPROVEMENTS ACT
SEC. 101. NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND
CRIMINAL HISTORY REVIEW PROGRAM.

(a) IN GENERAL.—The National Child Protection Act of 1993
(34 U.S.C. 40101 et seq.) is amended—
(1) in section 3 (34 U.S.C. 40102)—

H. R. 1625—777
(A) by striking ‘‘provider’’ each place it appears and
inserting ‘‘covered individual’’;
(B) by striking ‘‘provider’s’’ each place it appears and
inserting ‘‘covered individual’s’’;
(C) by amending subsection (a)(3) to read as follows:
‘‘(3)(A) The Attorney General shall establish a program, in
accordance with this section, to provide qualified entities located
in States that do not have in effect procedures described in paragraph (1), or qualified entities located in States that do not prohibit
the use of the program established under this paragraph, with
access to national criminal history background checks on, and
criminal history reviews of, covered individuals. In any case where
the use of a Federal national criminal history background check
program is required pursuant to Federal law as of the effective
date of this subparagraph, the program under this subparagraph
may not be used.
‘‘(B) A qualified entity described in subparagraph (A) may
submit to the appropriate designated entity a request for a national
criminal history background check on, and a criminal history review
of, a covered individual. Qualified entities making a request under
this paragraph shall comply with the guidelines set forth in subsection (b), and with any additional applicable procedures set forth
by the Attorney General or by the State in which the entity is
located.’’;
(D) in subsection (b)—
(i) in paragraph (1)(E), by striking ‘‘unsupervised’’;
(ii) by amending paragraph (2) to read as follows:
‘‘(2) that the State, or in a State that does not have in
effect procedures described in subsection (a)(1), the designated
entity, ensures that—
‘‘(A) each covered individual who is the subject of a
background check under subsection (a) is entitled to obtain
a copy of any background check report;
‘‘(B) each covered individual who is the subject of a
background check under subsection (a) is provided a process
by which the covered individual may appeal the results
of the background check to challenge the accuracy or
completeness of the information contained in the background report of the covered individual and obtain a prompt
determination as to the validity of such challenge before
a final determination is made by the authorized agency;
‘‘(C)(i) each covered individual described in subparagraph (B) is given notice of the opportunity to appeal;
‘‘(ii) each covered individual described in subparagraph
(B) will receive instructions on how to complete the appeals
process if the covered individual wishes to challenge the
accuracy or completeness of the information contained in
the background report of the covered individual; and
‘‘(iii) the appeals process is completed in a timely
manner for each covered individual described in subparagraph (B);
‘‘(iv) the appeals process is consistent with title VII
of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
and
‘‘(D) an authorized agency, upon receipt of a background check report lacking disposition data, shall conduct

H. R. 1625—778
research in whatever State and local recordkeeping systems
are available in order to obtain complete data;’’;
(iii) in paragraph (3), by inserting ‘‘or designated
entity, as applicable,’’ after ‘‘authorized agency’’; and
(iv) in paragraph (4), by inserting ‘‘or designated
entity, as applicable,’’ after ‘‘authorized agency’’;
(E) in subsection (d), by inserting ‘‘, nor shall any
designated entity nor any officer or employee thereof,’’ after
‘‘officer or employee thereof,’’;
(F) by amending subsection (e) to read as follows:
‘‘(e) FEES.—
‘‘(1) STATE PROGRAM.—In the case of a background check
conducted pursuant to a State requirement adopted after
December 20, 1993, conducted with fingerprints on a covered
individual, the fees collected by authorized State agencies and
the Federal Bureau of Investigation may not exceed the actual
cost of the background check conducted with fingerprints.
‘‘(2) FEDERAL PROGRAM.—In the case of a national criminal
history background check and criminal history review conducted
pursuant to the procedures established pursuant to subsection
(a)(3), the fees collected by a designated entity shall be set
at a level that will ensure the recovery of the full costs of
providing all such services. The designated entity shall remit
the appropriate portion of such fee to the Attorney General,
which amount is in accordance with the amount published
in the Federal Register to be collected for the provision of
a criminal history background check by the Federal Bureau
of Investigation.
‘‘(3) ENSURING FEES DO NOT DISCOURAGE VOLUNTEERS.—
A fee system under this subsection shall be established in
a manner that ensures that fees to qualified entities for background checks do not discourage volunteers from participating
in programs to care for children, the elderly, or individuals
with disabilities. A fee charged to a qualified entity that is
not organized under section 501(c)(3) of the Internal Revenue
Code of 1986 may not be less than the total sum of the costs
of the Federal Bureau of Investigation and the designated
entity.’’; and
(G) by inserting after subsection (e) the following:
‘‘(f) NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND
CRIMINAL HISTORY REVIEW PROGRAM.—
‘‘(1) NATIONAL CRIMINAL HISTORY BACKGROUND CHECK.—
Upon a designated entity receiving notice of a request submitted
by a qualified entity pursuant to subsection (a)(3), the designated entity shall forward the request to the Attorney General, who shall, acting through the Director of the Federal
Bureau of Investigation, complete a fingerprint-based check
of the national criminal history background check system, and
provide the information received in response to such national
criminal history background check to the appropriate designated entity. The designated entity may, upon request from
a qualified entity, complete a check of a State criminal history
database.
‘‘(2) CRIMINAL HISTORY REVIEW.—
‘‘(A) DESIGNATED ENTITIES.—The Attorney General
shall designate, and enter into an agreement with, one
or more entities to make determinations described in

H. R. 1625—779
subparagraph (B). The Attorney General may not designate
and enter into an agreement with a Federal agency under
this subparagraph.
‘‘(B) DETERMINATIONS.—A designated entity shall, upon
the receipt of the information described in paragraph (1),
make a determination of fitness described in subsection
(b)(4), using the criteria described in subparagraph (C).
‘‘(C) CRIMINAL HISTORY REVIEW CRITERIA.—The
Attorney General shall, by rule, establish the criteria for
use by designated entities in making a determination of
fitness described in subsection (b)(4). Such criteria shall
be based on the criteria established pursuant to section
108(a)(3)(G)(i) of the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of
2003 (34 U.S.C. 40102 note) and section 658H of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C.
9858f).’’; and
(2) in section 5 (34 U.S.C. 40104)—
(A) by amending paragraph (9) to read as follows:
‘‘(9) the term ‘covered individual’ means an individual—
‘‘(A) who has, seeks to have, or may have access to
children, the elderly, or individuals with disabilities, served
by a qualified entity; and
‘‘(B) who—
‘‘(i) is employed by or volunteers with, or seeks
to be employed by or volunteer with, a qualified entity;
or
‘‘(ii) owns or operates, or seeks to own or operate,
a qualified entity;’’;
(B) in paragraph (10), by striking ‘‘and’’ at the end;
(C) in paragraph (11), by striking the period at the
end and inserting ‘‘; and’’; and
(D) by inserting after paragraph (11) the following:
‘‘(12) the term ‘designated entity’ means an entity designated by the Attorney General under section 3(f)(2)(A).’’.
(b) IMPLEMENTATION.—The Attorney General shall ensure that
this section and the amendments made by this section are fully
implemented not later than 1 year after the date of enactment
of this section.

TITLE II—SAVE AMERICA’S PASTIME
ACT
SEC. 201. APPLICATION OF THE FAIR LABOR STANDARDS ACT OF 1938
TO MINOR LEAGUE BASEBALL PLAYERS.

(a) IN GENERAL.—Section 13(a) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 213(a)) is amended—
(1) in paragraph (18), by striking the period and inserting
‘‘; or’’; and
(2) by adding at the end the following:
‘‘(19) any employee employed to play baseball who is compensated pursuant to a contract that provides for a weekly
salary for services performed during the league’s championship
season (but not spring training or the off season) at a rate
that is not less than a weekly salary equal to the minimum
wage under section 6(a) for a workweek of 40 hours, irrespective

H. R. 1625—780
of the number of hours the employee devotes to baseball related
activities.’’.
(b) EFFECTIVE DATE.—This section, and the amendments made
by this section, shall take effect on the date of enactment of this
Act.

TITLE III—KEEP YOUNG ATHLETES
SAFE ACT
SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘Keep Young Athletes Safe
Act of 2018’’.
SEC. 302. GRANT TO PROTECT YOUNG ATHLETES FROM ABUSE.

(a) IN GENERAL.—Chapter 2205 of title 36, United States Code,
is amended by adding at the end the following:
‘‘SUBCHAPTER III—GRANT TO KEEP YOUNG ATHLETES
SAFE
‘‘§ 220531. Grant to protect young athletes from abuse
‘‘(a) AUTHORITY.—The Attorney General may award a grant
to an eligible nonprofit nongovernmental entity in order to support
oversight of the United States Olympic Committee, each national
governing body, and each paralympic sports organization with
regard to safeguarding amateur athletes against abuse, including
emotional, physical, and sexual abuse in sports.
‘‘(b) APPLICATIONS.—To be eligible to receive a grant under
this section, a nonprofit nongovernmental entity shall submit an
application to the Attorney General at such time, in such manner,
and containing such information as the Attorney General may
require, including information that demonstrates that the entity
has—
‘‘(1) nationally recognized expertise in preventing and
investigating emotional, physical, and sexual abuse in the athletic programs of the United States Olympic Committee, each
national governing body, and each paralympic sports organization; and
‘‘(2) the capacity to oversee regular and random audits
to ensure that the policies and procedures used by the United
States Olympic Committee, each national governing body, and
each paralympic sports organization to prevent and identify
the abuse of an amateur athlete are followed correctly.
‘‘(c) USE OF GRANT AMOUNT.—An entity that receives a grant
under this section may use such funds—
‘‘(1) to develop and test new training materials for emotional, physical, and sexual abuse prevention and identification
education in youth athletic programs;
‘‘(2) for staff salaries, travel expenses, equipment, printing,
and other reasonable expenses necessary to develop, maintain,
and disseminate to the United States Olympic Committee, each
national governing body, each paralympic sports organization,
and other amateur sports organizations information about safeguarding amateur athletes against abuse, including emotional,
physical, and sexual abuse in sports; and

H. R. 1625—781
‘‘(3) to oversee the administration of the procedures
described in subsection (b)(2).
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $2,500,000 for each of the fiscal years
2018 through 2022.
‘‘(2) AVAILABILITY OF GRANT FUNDS.—Funds appropriated
under this section shall remain available until expended.’’.
(b) CLERICAL AMENDMENT.—The table of sections for chapter
2205 of title 36, United States Code, is amended by inserting
after the item related to section 220529 the following:
‘‘SUBCHAPTER III—GRANT TO KEEP YOUNG
‘‘220531. Grant to protect young athletes from abuse.’’.

ATHLETES SAFE

TITLE IV—CONSENT OF CONGRESS TO
AMENDMENTS TO THE CONSTITUTION
OF THE STATE OF ARIZONA
SEC. 401. CONSENT OF CONGRESS TO AMENDMENTS TO THE CONSTITUTION OF THE STATE OF ARIZONA.

Congress consents to the amendments to the Constitution of
the State of Arizona proposed by House Concurrent Resolution
2001 of the 52nd Legislature of the State of Arizona, First Special
Session, 2015, entitled ‘‘A Concurrent Resolution Proposing an
Amendment to the Constitution of Arizona; Amending Article X,
Section 7, Constitution of Arizona; Amending Article XI, Constitution of Arizona, by Adding Section 11; Relating to Education
Finance’’, approved by the voters of the State of Arizona at the
special election held on May 17, 2016.

TITLE V—STOP SCHOOL VIOLENCE ACT
SEC. 501. SHORT TITLE.

This title may be cited as the ‘‘Student, Teachers, and Officers
Preventing School Violence Act of 2018’’ or the ‘‘STOP School
Violence Act of 2018’’.
SEC. 502. GRANT PROGRAM FOR SCHOOL SECURITY.

Part AA of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10551 et seq.) is amended—
(1) in section 2701 (34 U.S.C. 10551)—
(A) by striking subsection (a) and inserting the following:
‘‘(a) IN GENERAL.—
‘‘(1) COPS GRANTS.—The Director of the Office of Community Oriented Policing Services (referred to in this part as
the ‘COPS Director’) is authorized to make grants to States,
units of local government, and Indian tribes for the purposes
described in paragraphs (5) through (9) of subsection (b).
‘‘(2) BJA GRANTS.—The Director of the Bureau of Justice
Assistance (referred to in this part as the ‘BJA Director’) is
authorized to make grants to States, units of local government,
and Indian tribes for the purposes described in paragraphs
(1) through (4) of subsection (b).’’;

H. R. 1625—782
(B) in subsection (b)—
(i) in the matter preceding paragraph (1), by
inserting ‘‘evidence-based school safety programs that
may include’’ after ‘‘through’’; and
(ii) by striking paragraphs (1) through (6) and
inserting the following:
‘‘(1) Training school personnel and students to prevent
student violence against others and self.
‘‘(2) The development and operation of anonymous reporting
systems for threats of school violence, including mobile telephone applications, hotlines, and Internet websites.
‘‘(3) The development and operation of—
‘‘(A) school threat assessment and intervention teams
that may include coordination with law enforcement agencies and school personnel; and
‘‘(B) specialized training for school officials in
responding to mental health crises.
‘‘(4) Any other measure that, in the determination of the
BJA Director, may provide a significant improvement in
training, threat assessments and reporting, and violence
prevention.
‘‘(5) Coordination with local law enforcement.
‘‘(6) Training for local law enforcement officers to prevent
student violence against others and self.
‘‘(7) Placement and use of metal detectors, locks, lighting,
and other deterrent measures.
‘‘(8) Acquisition and installation of technology for expedited
notification of local law enforcement during an emergency.
‘‘(9) Any other measure that, in the determination of the
COPS Director, may provide a significant improvement in security.’’;
(C) by redesignating subsections (c) through (f) as subsections (e) through (h), respectively;
(D) by inserting after subsection (b) the following:
‘‘(c) CONTRACTS AND SUBAWARDS.—A State, unit of local government, or Indian tribe may, in using a grant under this part for
purposes authorized under subsection (b), use the grant to contract
with or make 1 or more subawards to 1 or more—
‘‘(1) local educational agencies;
‘‘(2) nonprofit organizations, excluding schools; or
‘‘(3) units of local government or tribal organizations.
‘‘(d) SERVICES AND BENEFITS FOR SCHOOLS.—An entity that
receives a subaward or contract under subsection (c) may use such
funds to provide services or benefits described under subsection
(b) to 1 or more schools.’’;
(E) in subsection (e), as so redesignated—
(i) by striking ‘‘Director’’ and inserting ‘‘COPS
Director and the BJA Director’’;
(ii) by striking ‘‘and has’’ and inserting ‘‘has’’; and
(iii) by inserting before the period at the end the
following: ‘‘, and will use evidence-based strategies and
programs, such as those identified by the Comprehensive School Safety Initiative of the Department of Justice’’;
(F) in subsection (f), as so redesignated—
(i) in paragraph (1), by striking ‘‘50 percent’’ and
inserting ‘‘75 percent’’; and

H. R. 1625—783
(ii) in paragraph (3), by striking ‘‘Director may’’
and inserting ‘‘COPS Director and the BJA Director
may each’’;
(G) in subsection (g), as so redesignated, by striking
‘‘Director shall’’ and inserting ‘‘COPS Director and the BJA
shall each’’; and
(H) in subsection (h), as so redesignated, by striking
‘‘Director may’’ and inserting ‘‘COPS Director and the BJA
Director may each’’;
(2) in section 2702 (34 U.S.C. 10552)—
(A) in subsection (a)—
(i) in the matter preceding paragraph (1)—
(I) by striking ‘‘the Director’’ the first place
it appears and inserting ‘‘the COPS Director or
the BJA Director, as the case may be,’’; and
(II) by striking ‘‘the Director may’’ and
inserting ‘‘the COPS Director or the BJA Director
may’’;
(ii) in paragraph (1)(B), by striking ‘‘and’’ at the
end;
(iii) in paragraph (2)—
(I) in the matter preceding subparagraph (A),
by striking ‘‘child psychologists’’ and inserting
‘‘licensed mental health professionals’’; and
(II) in subparagraph (B), by striking the period
at the end and inserting a semicolon; and
(iv) by adding at the end the following:
‘‘(3) include an assurance that the applicant shall maintain
and report such data, records, and information (programmatic
and financial) as the COPS Director or the BJA Director may
reasonably require;
‘‘(4) include a certification, made in a form acceptable to
the COPS Director or the BJA Director, as the case may be,
that—
‘‘(A) the programs to be funded by the grant meet
all the requirements of this part;
‘‘(B) all the information contained in the application
is correct; and
‘‘(C) the applicant will comply with all provisions of
this part and all other applicable Federal laws.’’; and
(B) in subsection (b)—
(i) by striking ‘‘this part’’ and inserting ‘‘the STOP
School Violence Act of 2018’’; and
(ii) by striking ‘‘Director shall’’ and inserting
‘‘COPS Director and the BJA Director shall each’’;
(3) in section 2703 (34 U.S.C. 10553)—
(A) in the section heading, by inserting after ‘‘congress’’
the following: ‘‘; grant accountability’’;
(B) by striking ‘‘Not later’’ and inserting the following:
‘‘(a) ANNUAL REPORT.—Not later’’;
(C) by striking ‘‘Director shall’’ and inserting ‘‘COPS
Director and the BJA Director shall each’’; and
(D) by adding at the end the following:
‘‘(b) GRANT ACCOUNTABILITY.—Section 3026 (relating to grant
accountability) shall apply to grants awarded by the COPS Director
and the BJA Director under this part. For purposes of the preceding
sentence, any references in section 3026 to the Attorney General

H. R. 1625—784
shall be considered references to the COPS Director or the BJA
Director, as appropriate, and any references in that section to
part LL shall be considered references to part AA.’’;
(4) in section 2704 (34 U.S.C. 10554)—
(A) in paragraph (1)—
(i) by striking ‘‘a public’’ and inserting ‘‘an’’; and
(ii) by inserting ‘‘, including a Bureau-funded
school (as defined in section 1141 of the Education
Amendments of 1978 (25 U.S.C. 2021))’’ after ‘‘secondary school’’;
(B) in paragraph (2), by striking ‘‘and’’ at the end;
(C) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
‘‘(4) the term ‘evidence-based’ means a program, practice,
technology, or equipment that—
‘‘(A) demonstrates a statistically significant effect on
relevant outcomes based on—
‘‘(i) strong evidence from not less than 1 welldesigned and well-implemented experimental study;
‘‘(ii) moderate evidence from not less than 1 welldesigned and well-implemented quasi-experimental
study; or
‘‘(iii) promising evidence from not less than 1 welldesigned and well-implemented correlational study
with statistical controls for selection bias;
‘‘(B) demonstrates a rationale based on high-quality
research findings or positive evaluation that such program,
practice, technology, or equipment is likely to improve relevant outcomes, and includes ongoing efforts to examine
the effects of the program, practice, technology, or equipment; or
‘‘(C) in the case of technology or equipment, demonstrates that use of the technology or equipment is—
‘‘(i) consistent with best practices for school security, including—
‘‘(I) applicable standards for school security
established by a Federal or State government
agency; and
‘‘(II) findings and recommendations of public
commissions and task forces established to make
recommendations or set standards for school security; and
‘‘(ii) compliant with all applicable codes, including
building and life safety codes; and
‘‘(5) the term ‘tribal organization’ has the same meaning
given the term in section 4(l) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304(l)).’’;
(5) by striking section 2705 and inserting the following:
‘‘SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated—
‘‘(1) $75,000,000 for fiscal year 2018, of which—
‘‘(A) $50,000,000 shall be made available to the BJA
Director to carry out this part; and
‘‘(B) $25,000,000 shall be made available to the COPS
Director to carry out this part; and

H. R. 1625—785
‘‘(2) $100,000,000 for each of fiscal years 2019 through
2028, of which, for each fiscal year—
‘‘(A) $67,000,000 shall be made available to the BJA
Director to carry out this part; and
‘‘(B) $33,000,000 shall be made available to the COPS
Director to carry out this part.
‘‘(b) OFFSET.—Any funds appropriated for the Comprehensive
School Safety Initiative of the National Institute of Justice in fiscal
year 2018 shall instead be used for the purposes in subsection
(a).’’; and
(6) by adding at the end the following:
‘‘SEC. 2706. RULES OF CONSTRUCTION.

‘‘(a) NO FUNDS TO PROVIDE FIREARMS OR TRAINING.—No
amounts provided as a grant under this part may be used for
the provision to any person of a firearm or training in the use
of a firearm.
‘‘(b) NO EFFECT ON OTHER LAWS.—Nothing in this part may
be construed to preclude or contradict any other provision of law
authorizing the provision of firearms or training in the use of
firearms.’’.

TITLE VI—FIX NICS ACT
SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Fix NICS Act of 2018’’.
SEC. 602. ACCOUNTABILITY FOR FEDERAL DEPARTMENTS AND AGENCIES.

Section 103 of the Brady Handgun Violence Prevention Act
(34 U.S.C. 40901) is amended—
(1) in subsection (e)(1), by adding at the end the following:
‘‘(F) SEMIANNUAL CERTIFICATION AND REPORTING.—
‘‘(i) IN GENERAL.—The head of each Federal department or agency shall submit a semiannual written
certification to the Attorney General indicating
whether the department or agency is in compliance
with the record submission requirements under
subparagraph (C).
‘‘(ii) SUBMISSION DATES.—The head of a Federal
department or agency shall submit a certification to
the Attorney General under clause (i)—
‘‘(I) not later than July 31 of each year, which
shall address all relevant records, including those
that have not been transmitted to the Attorney
General, in possession of the department or agency
during the period beginning on January 1 of the
year and ending on June 30 of the year; and
‘‘(II) not later than January 31 of each year,
which shall address all relevant records, including
those that have not been transmitted to the
Attorney General, in possession of the department
or agency during the period beginning on July
1 of the previous year and ending on December
31 of the previous year.
‘‘(iii) CONTENTS.—A certification required under
clause (i) shall state, for the applicable period—

H. R. 1625—786
‘‘(I) the total number of records of the Federal
department or agency demonstrating that a person
falls within one of the categories described in subsection (g) or (n) of section 922 of title 18, United
States Code;
‘‘(II) for each category of records described in
subclause (I), the total number of records of the
Federal department or agency that have been provided to the Attorney General; and
‘‘(III) the efforts of the Federal department
or agency to ensure complete and accurate
reporting of relevant records, including efforts to
monitor compliance and correct any reporting failures or inaccuracies.
‘‘(G) IMPLEMENTATION PLAN.—
‘‘(i) IN GENERAL.—Not later than 1 year after the
date of enactment of this subparagraph, the head of
each Federal department or agency, in coordination
with the Attorney General, shall establish a plan to
ensure maximum coordination and automated
reporting or making available of records to the
Attorney General as required under subparagraph (C),
and the verification of the accuracy of those records,
including the pre-validation of those records, where
appropriate, during a 4-year period specified in the
plan. The records shall be limited to those of an individual described in subsection (g) or (n) of section
922 of title 18, United States Code.
‘‘(ii) BENCHMARK REQUIREMENTS.—Each plan
established under clause (i) shall include annual benchmarks to enable the Attorney General to assess
implementation of the plan, including—
‘‘(I) qualitative goals and quantitative measures;
‘‘(II) measures to monitor internal compliance,
including any reporting failures and inaccuracies;
‘‘(III) a needs assessment, including estimated
compliance costs; and
‘‘(IV) an estimated date by which the Federal
department or agency will fully comply with record
submission requirements under subparagraph (C).
‘‘(iii) COMPLIANCE DETERMINATION.—Not later than
the end of each fiscal year beginning after the date
of the establishment of a plan under clause (i), the
Attorney General shall determine whether the
applicable Federal department or agency has achieved
substantial compliance with the benchmarks included
in the plan.
‘‘(H) ACCOUNTABILITY.—The Attorney General shall
publish, including on the website of the Department of
Justice, and submit to the Committee on the Judiciary
and the Committee on Appropriations of the Senate and
the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives a semiannual report that discloses—

H. R. 1625—787
‘‘(i) the name of each Federal department or agency
that has failed to submit a required certification under
subparagraph (F);
‘‘(ii) the name of each Federal department or
agency that has submitted a required certification
under subparagraph (F), but failed to certify compliance with the record submission requirements under
subparagraph (C);
‘‘(iii) the name of each Federal department or
agency that has failed to submit an implementation
plan under subparagraph (G);
‘‘(iv) the name of each Federal department or
agency that is not in substantial compliance with an
implementation plan under subparagraph (G);
‘‘(v) a detailed summary of the data, broken down
by department or agency, contained in the certifications
submitted under subparagraph (F);
‘‘(vi) a detailed summary of the contents and
status, broken down by department or agency, of the
implementation plans established under subparagraph
(G); and
‘‘(vii) the reasons for which the Attorney General
has determined that a Federal department or agency
is not in substantial compliance with an implementation plan established under subparagraph (G).
‘‘(I) NONCOMPLIANCE PENALTIES.—For each of fiscal
years 2019 through 2022, each political appointee of a
Federal department or agency that has failed to certify
compliance with the record submission requirements under
subparagraph (C), and is not in substantial compliance
with an implementation plan established under subparagraph (G), shall not be eligible for the receipt of bonus
pay, excluding overtime pay, until the department or
agency—
‘‘(i) certifies compliance with the record submission
requirements under subparagraph (C); or
‘‘(ii) achieves substantial compliance with an
implementation plan established under subparagraph
(G).
‘‘(J) TECHNICAL ASSISTANCE.—The Attorney General
may use funds made available for the national instant
criminal background check system established under subsection (b) to provide technical assistance to a Federal
department or agency, at the request of the department
or agency, in order to help the department or agency comply
with the record submission requirements under subparagraph (C).
‘‘(K) APPLICATION TO FEDERAL COURTS.—For purposes
of this paragraph—
‘‘(i) the terms ‘department or agency of the United
States’ and ‘Federal department or agency’ include a
Federal court; and
‘‘(ii) the Director of the Administrative Office of
the United States Courts shall perform, for a Federal
court, the functions assigned to the head of a department or agency.’’; and

H. R. 1625—788
(2) in subsection (g), by adding at the end the following:
‘‘For purposes of the preceding sentence, not later than 60
days after the date on which the Attorney General receives
such information, the Attorney General shall determine
whether or not the prospective transferee is the subject of
an erroneous record and remove any records that are determined to be erroneous. In addition to any funds made available
under subsection (k), the Attorney General may use such sums
as are necessary and otherwise available for the salaries and
expenses of the Federal Bureau of Investigation to comply
with this subsection.’’.
SEC. 603. REAUTHORIZATION OF NICS ACT RECORD IMPROVEMENT
PROGRAM.

(a) REQUIREMENTS TO OBTAIN WAIVER.—Section 102 of the
NICS Improvement Amendments Act of 2007 (34 U.S.C. 40912)
is amended—
(1) in subsection (a), in the first sentence—
(A) by striking ‘‘the Crime Identification Technology
Act of 1988 (42 U.S.C. 14601)’’ and inserting ‘‘section 102
of the Crime Identification Technology Act of 1998 (34
U.S.C. 40301)’’; and
(B) by inserting ‘‘is in compliance with an implementation plan established under subsection (b) or’’ before ‘‘provides at least 90 percent of the information described in
subsection (c)’’; and
(2) in subsection (b)(1)(B), by inserting ‘‘or has established
an implementation plan under section 107’’ after ‘‘the Attorney
General’’.
(b) IMPLEMENTATION ASSISTANCE TO STATES.—Section 103 of
the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913)
is amended—
(1) in subsection (b)(3), by inserting before the semicolon
at the end the following: ‘‘, including through increased efforts
to pre-validate the contents of those records to expedite eligibility determinations’’;
(2) in subsection (e)—
(A) in paragraph (1)—
(i) by striking ‘‘and’’; and
(ii) by inserting before the period at the end the
following: ‘‘, and $125,000,000 for each of fiscal years
2018 through 2022’’; and
(B) by striking paragraph (2) and inserting the following—
‘‘(2) DOMESTIC ABUSE AND VIOLENCE PREVENTION INITIATIVE.—
‘‘(A) ESTABLISHMENT.—For each of fiscal years 2018
through 2022, the Attorney General shall create a priority
area under the NICS Act Record Improvement Program
(commonly known as ‘NARIP’) for a Domestic Abuse and
Violence Prevention Initiative that emphasizes the need
for grantees to identify and upload all felony conviction
records and domestic violence records.
‘‘(B) FUNDING.—The Attorney General—
‘‘(i) may use not more than 50 percent of the
amounts made available under this subsection for each

H. R. 1625—789
of fiscal years 2018 through 2022 to carry out the
initiative described in subparagraph (A); and
‘‘(ii) shall give a funding preference under NARIP
to States that—
‘‘(I) have established an implementation plan
under section 107; and
‘‘(II) will use amounts made available under
this subparagraph to improve efforts to identify
and upload all felony conviction records and
domestic violence records described in clauses (i),
(v), and (vi) of section 102(b)(1)(C) by not later
than September 30, 2022.’’; and
(3) by adding at the end the following:
‘‘(g) TECHNICAL ASSISTANCE.—The Attorney General shall direct
the Office of Justice Programs, the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, and the Federal Bureau of Investigation
to—
‘‘(1) assist States that are not currently eligible for grants
under this section to achieve compliance with all eligibility
requirements; and
‘‘(2) provide technical assistance and training services to
grantees under this section.’’.
SEC. 604. REAUTHORIZATION OF THE NATIONAL CRIMINAL HISTORY
IMPROVEMENT PROGRAM.

(a) STATE GRANT PROGRAM FOR CRIMINAL JUSTICE IDENTIFICAINFORMATION, AND COMMUNICATION.—Section 102 of the
Crime Identification Technology Act of 1998 (34 U.S.C. 40301) is
amended—
(1) in subsection (a)(3)—
(A) by redesignating subparagraphs (C), (D), and (E)
as subparagraphs (D), (E), and (F), respectively; and
(B) by inserting after subparagraph (B) the following:
‘‘(C) identification of all individuals who have been
convicted of a crime punishable by imprisonment for a
term exceeding 1 year’’;
(2) in subsection (b)(6)—
(A) by striking ‘‘(18 U.S.C. 922 note)’’ and inserting
‘‘(34 U.S.C. 40901(b))’’; and
(B) by inserting before the semicolon at the end the
following: ‘‘, including through increased efforts to prevalidate the contents of felony conviction records and
domestic violence records to expedite eligibility determinations, and measures and resources necessary to establish
and achieve compliance with an implementation plan under
section 107 of the NICS Improvement Amendments Act
of 2007’’;
(3) in subsection (d), by inserting after ‘‘unless’’ the following: ‘‘the State has achieved compliance with an
implementation plan under section 107 of the NICS Improvement Amendments Act of 2007 or’’; and
(4) in subsection (e)(1), by striking ‘‘2002 through 2007’’
and inserting ‘‘2018 through 2022’’.
(b) GRANTS FOR THE IMPROVEMENT OF CRIMINAL RECORDS.—
Section 106(b)(1) of the Brady Handgun Violence Prevention Act
(34 U.S.C. 40302(1)) is amended—
(1) in the matter preceding subparagraph (A)—

TION,

H. R. 1625—790
(A) by striking ‘‘as of the date of enactment of this
Act’’ and inserting ‘‘, as of the date of enactment of the
Fix NICS Act of 2018,’’; and
(B) by striking ‘‘files,’’ and inserting the following: ‘‘files
and that will utilize funding under this subsection to
prioritize the identification and transmittal of felony conviction records and domestic violence records,’’;
(2) in subparagraph (B), by striking ‘‘and’’ at the end;
(3) in subparagraph (C)—
(A) by striking ‘‘upon establishment of the national
system,’’; and
(B) by striking the period at the end and inserting
‘‘; and’’; and
(4) by adding at the end the following—
‘‘(D) to establish and achieve compliance with an
implementation plan under section 107 of the NICS
Improvement Amendments Act of 2007.’’.
SEC. 605. IMPROVING INFORMATION SHARING WITH THE STATES.

(a) IN GENERAL.—Title I of the NICS Improvement Amendments Act of 2007 (34 U.S. 40911 et seq.) is amended by adding
at the end the following:
‘‘SEC. 107. IMPLEMENTATION PLAN.

‘‘(a) IN GENERAL.—Not later than 1 year after the date of
enactment of the Fix NICS Act of 2018, the Attorney General,
in coordination with the States and Indian tribal governments,
shall establish, for each State or Indian tribal government, a plan
to ensure maximum coordination and automation of the reporting
or making available of appropriate records to the National Instant
Criminal Background Check System established under section 103
of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901)
and the verification of the accuracy of those records during a 4year period specified in the plan. The records shall be limited
to those of an individual described in subsection (g) or (n) of section
922 of title 18, United States Code
‘‘(b) BENCHMARK REQUIREMENTS.—Each plan established under
this section shall include annual benchmarks to enable the Attorney
General to assess the implementation of the plan, including—
‘‘(1) qualitative goals and quantitative measures; and
‘‘(2) a needs assessment, including estimated compliance
costs.
‘‘(c) COMPLIANCE DETERMINATION.—Not later than the end of
each fiscal year beginning after the date of the establishment of
an implementation plan under this section, the Attorney General
shall determine whether each State or Indian tribal government
has achieved substantial compliance with the benchmarks included
in the plan.
‘‘(d) ACCOUNTABILITY.—The Attorney General—
‘‘(1) shall disclose and publish, including on the website
of the Department of Justice—
‘‘(A) the name of each State or Indian tribal government that received a determination of failure to achieve
substantial compliance with an implementation plan under
subsection (c) for the preceding fiscal year; and
‘‘(B) a description of the reasons for which the Attorney
General has determined that the State or Indian tribal
government is not in substantial compliance with the

H. R. 1625—791
implementation plan, including, to the greatest extent possible, a description of the types and amounts of records
that have not been submitted; and
‘‘(2) if a State or Indian tribal government described in
paragraph (1) subsequently receives a determination of substantial compliance, shall—
‘‘(A) immediately correct the applicable record; and
‘‘(B) not later than 3 days after the determination,
remove the record from the website of the Department
of Justice and any other location where the record was
published.
‘‘(e) INCENTIVES.—For each of fiscal years 2018 through 2022,
the Attorney General shall give affirmative preference to all Bureau
of Justice Assistance discretionary grant applications of a State
or Indian tribal government that received a determination of
substantial compliance under subsection (c) for the fiscal year in
which the grant was solicited.’’.
(b) TABLE OF CONTENTS.—The table of contents in section 1(b)
of the NICS Improvement Amendments Act of 2007 (Public Law
110–180; 121 Stat. 2559) is amended by inserting after the item
relating to section 106 the following:
‘‘Sec. 107. Implementation plan.’’.

TITLE VII—STATE SEXUAL RISK
AVOIDANCE EDUCATION PROGRAM
SEC. 701. FULL PAYMENT BY SECRETARY FOR STATE SEXUAL RISK
AVOIDANCE EDUCATION PROGRAM.

(a) IN GENERAL.—Paragraph (1) of section 510(d) of the Social
Security Act (42 U.S.C. 710(d)) is amended by inserting before
the period at the end the following: ‘‘, except that section 503(a)
shall be applied by substituting ‘the total of the sums’ for ‘foursevenths of the total of the sums’ ’’.
(b) TECHNICAL CORRECTIONS.—Section 510(a)(1)(A) of the Social
Security Act (42 U.S.C. 710(a)(1)(A)) is amended—
(1) by striking ‘‘subsection (e)(1)’’ and inserting ‘‘subsection
(f)(1)’’; and
(2) by striking ‘‘subsection (e)(2)’’ and inserting ‘‘subsection
(f)(2)’’.

TITLE VIII—SMALL BUSINESS CREDIT
AVAILABILITY ACT
SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘Small Business Credit Availability Act’’.
SEC. 802. EXPANDING ACCESS TO CAPITAL FOR BUSINESS DEVELOPMENT COMPANIES.

(a) IN GENERAL.—Section 61(a) of the Investment Company
Act of 1940 (15 U.S.C. 80a–60(a)) is amended—
(1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and

H. R. 1625—792
(2) by striking paragraph (1) and inserting the following:
‘‘(1) Except as provided in paragraph (2), the asset coverage
requirements of subparagraphs (A) and (B) of section 18(a)(1)
(and any related rule promulgated under this Act) applicable
to business development companies shall be 200 percent.
‘‘(2) The asset coverage requirements of subparagraphs (A)
and (B) of section 18(a)(1) and of subparagraphs (A) and (B)
of section 18(a)(2) (and any related rule promulgated under
this Act) applicable to a business development company shall
be 150 percent if—
‘‘(A) not later than 5 business days after the date
on which those asset coverage requirements are approved
under subparagraph (D) of this paragraph, the business
development company discloses that the requirements were
approved, and the effective date of the approval, in—
‘‘(i) any filing submitted to the Commission under
section 13(a) or 15(d) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m(a); 78o(d)); and
‘‘(ii) a notice on the website of the business development company;
‘‘(B) the business development company discloses, in
each periodic filing required under section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a))—
‘‘(i) the aggregate outstanding principal amount
or liquidation preference, as applicable, of the senior
securities issued by the business development company
and the asset coverage percentage as of the date of
the business development company’s most recent financial statements included in that filing;
‘‘(ii) that the business development company, under
subparagraph (D), has approved the asset coverage
requirements under this paragraph; and
‘‘(iii) the effective date of the approval described
in clause (ii);
‘‘(C) with respect to a business development company
that is an issuer of common equity securities, each periodic
filing of the company required under section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(a)) includes
disclosures that are reasonably designed to ensure that
shareholders are informed of—
‘‘(i) the amount of senior securities (and the associated asset coverage ratios) of the company, determined
as of the date of the most recent financial statements
of the company included in that filing; and
‘‘(ii) the principal risk factors associated with the
senior securities described in clause (i), to the extent
that risk is incurred by the company; and
‘‘(D) the company—
‘‘(i)(I) through a vote of the required majority (as
defined in section 57(o)), approves the application of
this paragraph to the company, to become effective
on the date that is 1 year after the date of the approval;
or
‘‘(II) obtains, at a special or annual meeting of
shareholders or partners at which a quorum is present,
the approval of more than 50 percent of the votes

H. R. 1625—793
cast for the application of this paragraph to the company, to become effective on the first day after the
date of the approval; and
‘‘(ii) if the company is not an issuer of common
equity securities that are listed on a national securities
exchange, extends, to each person that is a shareholder
as of the date of an approval described in subclause
(I) or (II) of clause (i), as applicable, the opportunity
(which may include a tender offer) to sell the securities
held by that shareholder as of that applicable approval
date, with 25 percent of those securities to be repurchased in each of the 4 calendar quarters following
the calendar quarter in which that applicable approval
date takes place.’’.
(b) CONFORMING AMENDMENTS.—
(1) INVESTMENT ADVISERS ACT OF 1940.—Section 205(b)(3)
of the Investment Advisers Act of 1940 (15 U.S.C. 80b–5(b)(3))
is amended—
(A) by striking ‘‘section 61(a)(3)(B)(iii)’’ and inserting
‘‘section 61(a)(4)(B)(iii)’’; and
(B) by striking ‘‘section 61(a)(3)(B)’’ and inserting ‘‘section 61(a)(4)(B)’’.
(2) INVESTMENT COMPANY ACT OF 1940.—The Investment
Company Act of 1940 (15 U.S.C. 80a–1 et seq.) is amended—
(A) in section 57 (15 U.S.C. 80a–56)—
(i) in subsection (j)(1), by striking ‘‘section
61(a)(3)(B)’’ and inserting ‘‘section 61(a)(4)(B)’’; and
(ii) in subsection (n)(2), by striking ‘‘section
61(a)(3)(B)’’ and inserting ‘‘section 61(a)(4)(B)’’; and
(B) in section 63(3) (15 U.S.C. 80a–62(3)), by striking
‘‘section 61(a)(3)’’ and inserting ‘‘section 61(a)(4)’’.
SEC.

803.

PARITY FOR BUSINESS DEVELOPMENT
REGARDING OFFERING AND PROXY RULES.

COMPANIES

(a) DEFINITIONS.—In this section—
(1) the term ‘‘business development company’’ has the
meaning given the term in section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a–2(a));
(2) the term ‘‘Commission’’ means the Securities and
Exchange Commission;
(3) the term ‘‘Form N–2’’ means the form described in
section 239.14 of title 17, Code of Federal Regulations;
(4) the term ‘‘Form S–3’’ means the form described in
section 239.13 of title 17, Code of Federal Regulations; and
(5) the term ‘‘Schedule 14A’’ means the information
required under section 240.14a–101 of title 17, Code of Federal
Regulations.
(b) REVISION TO RULES.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Commission shall make the revisions described in paragraph (2) to allow a business development company that has filed an election under section 54
of the Investment Company Act of 1940 (15 U.S.C. 80a–53)
to use the securities offering and proxy rules that are available
to other issuers that are required to file reports under section
13(a) or section 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m(a); 78o(d)).

H. R. 1625—794
(2) REQUIRED REVISIONS.—The revisions described in this
paragraph are revisions to—
(A) section 230.405 of title 17, Code of Federal Regulations—
(i) to remove the exclusion of a business development company from the definition of the term ‘‘wellknown seasoned issuer’’ under that section; and
(ii) to add a registration statement filed on Form
N–2 to the definition of the term ‘‘automatic shelf
registration statement’’ under that section;
(B) sections 230.168 and 230.169 of title 17, Code of
Federal Regulations, to remove the exclusion of a business
development company from an issuer that is eligible for
the exemptions under those sections;
(C) section 230.163 of title 17, Code of Federal Regulations, to remove a business development company from
the list of issuers that are ineligible for the exemption
under that section;
(D) section 230.163A of title 17, Code of Federal Regulations, to remove the communications made by a business
development company from the list of communications that
are ineligible for the exemption under that section;
(E) section 230.134 of title 17, Code of Federal Regulations, to remove the exclusion of a communication relating
to a business development company from the application
of that section;
(F) sections 230.138 and 230.139 of title 17, Code of
Federal Regulations, to specifically include a business
development company as an issuer to which those sections
apply;
(G) section 230.156 of title 17, Code of Federal Regulations, to provide that nothing in that section may be construed to prevent a business development company from
qualifying for an exemption under section 230.168 or
230.169 of title 17, Code of Federal Regulations, as
amended by the Commission in accordance with the
requirements of this section;
(H) section 230.164 of title 17, Code of Federal Regulations, to remove a business development company from
the list of issuers that are excluded under that section;
(I) section 230.433 of title 17, Code of Federal Regulations, to specifically include a business development company that is a well-known seasoned issuer as an issuer
to which that section applies;
(J) section 230.415 of title 17, Code of Federal Regulations to state that the registration for securities under
section 230.415(a)(1)(x) of title 17, Code of Federal Regulations, includes securities registered on Form N–2 by a
business development company that would otherwise meet
the eligibility requirements of Form S–3;
(K) section 230.497 of title 17, Code of Federal Regulations, to include a process for a business development company to file a form of prospectus in the same manner
as the process for filing a form of prospectus under section
230.424(b) of title 17, Code of Federal Regulations;
(L) sections 230.172 and 230.173 of title 17, Code of
Federal Regulations, to remove the exclusion of an offering

H. R. 1625—795
of a business development company from the application
of those sections;
(M) section 230.418 of title 17, Code of Federal Regulations, to provide that a business development company
that would otherwise meet the eligibility requirements of
Form S–3 shall be exempt from paragraph (a)(3) of that
section;
(N) Schedule 14A to revise item 13(b)(1) of that
Schedule to include a business development company that
would otherwise meet the requirements of note E of that
Schedule as an issuer to which that item applies;
(O) section 243.103 of title 17, Code of Federal Regulations, to provide that paragraph (a) of that section applies
for the purposes of Form N–2; and
(P) item 34 on Form N–2 to require a business development company to provide undertakings that are no more
restrictive than the undertakings that are required of a
registrant under section 229.512 of title 17, Code of Federal
Regulations.
(c) REVISION TO FORM N–2.—Not later than 1 year after the
date of enactment of this Act, the Commission shall revise Form
N–2—
(1) to include an item or instruction that is similar to
item 12 on Form S–3 to provide that a business development
company that would otherwise meet the requirements of Form
S–3 shall incorporate by reference the reports and documents
filed by the business development company under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.) into the registration statement of the business development company filed on
Form N–2; and
(2) to include an item or instruction that is similar to
the instruction regarding automatic shelf offerings by wellknown seasoned issuers on Form S–3 to provide that a business
development company that is a well-known seasoned issuer
may file automatic shelf offerings on Form N–2.
(d) TREATMENT IF REVISIONS NOT COMPLETED IN TIMELY
MANNER.—If the Commission fails to complete the revisions
required under subsections (b) and (c) by the dates described in
those subsections, a business development company, during the
period beginning on the date that is 1 day after 1 year after
the date of enactment of this Act and ending on the date that
the Commission completes those revisions, may deem those revisions to have been completed in accordance with the actions
required to be taken by the Commission under those subsections.
(e) RULES OF CONSTRUCTION.—
(1) TREATMENT OF SUCCESSOR REGULATIONS AND FORMS.—
Any reference in this section to a regulation or form shall
be construed as a reference to—
(A) that regulation or form, as in effect on the day
before the date of enactment of this Act; or
(B) any successor to that regulation or form.
(2) DISTRIBUTION OF SALES MATERIAL.—Nothing in this section, or in the amendments made pursuant to the requirements
of this section, may be construed to prevent a business development company from distributing sales material under section
230.482 of title 17, Code of Federal Regulations.

H. R. 1625—796

TITLE IX—SMALL BUSINESS ACCESS TO
CAPITAL AFTER A NATURAL DISASTER ACT
SEC. 901. SHORT TITLE.

This title may be cited as the ‘‘Small Business Access to Capital
After a Natural Disaster Act’’.
SEC. 902. EXPANDING ACCESS TO CAPITAL FOR SMALL BUSINESSES
IMPACTED BY A NATURAL DISASTER.

Section 4 of the Securities Exchange Act of 1934 (15 U.S.C.
78d) is amended—
(1) in subsection (j)(4)(C), by striking ‘‘minority-owned and
women-owned small businesses’’ and inserting ‘‘minority-owned
small businesses, women-owned small businesses, and small
businesses affected by hurricanes or other natural disasters’’;
and
(2) in subsection (j)(6)(B)(iii), by striking ‘‘minority-owned
and women-owned small businesses’’ and inserting ‘‘minorityowned small businesses, women-owned small businesses, and
small businesses affected by hurricanes or other natural disasters’’.

TITLE X—TAYLOR FORCE ACT
SEC. 1001. SHORT TITLE.

This title may be cited as the ‘‘Taylor Force Act’’.
SEC. 1002. FINDINGS.

Congress makes the following findings:
(1) The Palestinian Authority’s practice of paying salaries
to terrorists serving in Israeli prisons, as well as to the families
of deceased terrorists, is an incentive to commit acts of terror.
(2) The United States does not provide direct budgetary
support to the Palestinian Authority. The United States does
pay certain debts held by the Palestinian Authority and funds
programs for which the Palestinian Authority would otherwise
be responsible.
(3) The United States Government supports communitybased programs in the West Bank and Gaza that provide for
basic human needs, such as food, water, health, shelter, protection, education, and livelihoods, and that promote peace and
development.
(4) Since fiscal year 2015, annual appropriations legislation
has mandated the reduction of Economic Support Fund aid
for the Palestinian Authority as a result of their payments
for acts of terrorism including, in fiscal year 2017, a reduction
‘‘by an amount the Secretary determines is equivalent to the
amount expended by the Palestinian Authority, the Palestine
Liberation Organization, and any successor or affiliated
organizations with such entities as payments for acts of terrorism by individuals who are imprisoned after being fairly
tried and convicted for acts of terrorism and by individuals
who died committing acts of terrorism during the previous
calendar year’’.

H. R. 1625—797
SEC. 1003. SENSE OF CONGRESS.

Congress—
(1) calls on the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations
to stop payments for acts of terrorism by individuals who are
imprisoned after being fairly tried and convicted for acts of
terrorism and by individuals who died committing acts of terrorism and to repeal the laws authorizing such payments;
(2) calls on all donor countries providing budgetary assistance to the Palestinian Authority to cease direct budgetary
support until the Palestinian Authority stops all payments
incentivizing terror;
(3) urges the Palestinian Authority to develop programs
to provide essential public services and support to any individual in need within its jurisdictional control, rather than
to provide payments contingent on perpetrating acts of violence;
(4) urges the United States Permanent Representative to
the United Nations to use the voice, vote, and influence of
the United States at the United Nations to highlight the issue
of Palestinian Authority payments for acts of terrorism and
to urge other Member States to apply pressure upon the Palestinian Authority to immediately cease such payments; and
(5) urges the Department of State to use its bilateral and
multilateral engagements with all governments and organizations committed to the cause of peace between Israel and the
Palestinians to highlight the issue of Palestinian Authority
payments for acts of terrorism and to urge such governments
and organizations to join the United States in calling on the
Palestinian Authority to immediately cease such payments.
SEC. 1004. LIMITATION ON ASSISTANCE TO THE WEST BANK AND GAZA.

(a) LIMITATION.—
(1) IN GENERAL.—Funds authorized to be appropriated or
otherwise made available for assistance under chapter 4 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346
et seq.; relating to Economic Support Fund) and available for
assistance for the West Bank and Gaza that directly benefits
the Palestinian Authority may only be made available for such
purpose if, except as provided in subsection (d), not later than
30 days after the date of the enactment of this Act, and every
180 days thereafter, the Secretary of State certifies in writing
to the appropriate congressional committees that the Palestinian Authority, the Palestine Liberation Organization, and
any successor or affiliated organizations—
(A) are taking credible steps to end acts of violence
against Israeli citizens and United States citizens that
are perpetrated or materially assisted by individuals under
their jurisdictional control, such as the March 2016 attack
that killed former United States Army officer Taylor Force,
a veteran of the wars in Iraq and Afghanistan;
(B) have terminated payments for acts of terrorism
against Israeli citizens and United States citizens to any
individual, after being fairly tried, who has been imprisoned
for such acts of terrorism and to any individual who died
committing such acts of terrorism, including to a family
member of such individuals;

H. R. 1625—798
(C) have revoked any law, decree, regulation, or document authorizing or implementing a system of compensation for imprisoned individuals that uses the sentence or
period of incarceration of an individual imprisoned for an
act of terrorism to determine the level of compensation
paid, or have taken comparable action that has the effect
of invalidating any such law, decree, regulation, or document; and
(D) are publicly condemning such acts of violence and
are taking steps to investigate or are cooperating in investigations of such acts to bring the perpetrators to justice.
(2) ADDITIONAL CERTIFICATION REQUIREMENT.—The Secretary of State shall include in the certification required under
paragraph (1) the definition of ‘‘acts of terrorism’’ that the
Secretary used for purposes of making the determination in
subparagraph (B) of such paragraph.
(b) EXCEPTION.—
(1) IN GENERAL.—Subject to paragraph (2), the limitation
on assistance under subsection (a) shall not apply to—
(A) payments made to the East Jerusalem Hospital
Network;
(B) assistance for wastewater projects not exceeding
$5,000,000 in any one fiscal year; and
(C) assistance for any other program, project, or
activity that provides vaccinations to children not exceeding
$500,000 in any one fiscal year.
(2) NOTIFICATION.—The Secretary of State shall notify in
writing the appropriate congressional committees not later than
15 days prior to making funds available for assistance under
subparagraph (A), (B), or (C) of paragraph (1).
(c) RULE OF CONSTRUCTION.—Funds withheld pursuant to this
section—
(1) shall be deemed to satisfy any similar withholding
or reduction required under any other provision of law relating
to the Palestinian Authority’s payments for acts of terrorism;
and
(2) shall be in an amount that is not less than the total
amount required by such other provision of law.
(d) INITIAL USE AND DISPOSITION OF WITHHELD FUNDS.—
(1) PERIOD OF AVAILABILITY.—Funds withheld pursuant to
this section are authorized to remain available for an additional
2 years from the date on which the availability of such funds
would otherwise have expired.
(2) USE OF FUNDS.—Funds withheld pursuant to this section may be made available for assistance for the West Bank
and Gaza that directly benefits the Palestinian Authority upon
a certification by the Secretary of State that the Palestinian
Authority, the Palestine Liberation Organization, and any successor or affiliated organizations have met the conditions set
forth in subsection (a). Except as provided in paragraph (3),
such funds may not be made available for any purpose other
than for assistance for the West Bank and Gaza that directly
benefits the Palestinian Authority.

H. R. 1625—799
(3) DISPOSITION OF UNUSED FUNDS.—Beginning on the date
that is 180 days after the last day on which the initial availability of funds withheld pursuant to this section would otherwise have expired, such funds are authorized to be made available to the Department of State for assistance under chapter
4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2346 et seq.; relating to Economic Support Fund) in the following manner—
(A) 50 percent for purposes of assistance other than
that deemed benefiting the Palestinian Authority; and
(B) 50 percent for purposes other than assistance for
the West Bank and Gaza.
(e) REPORT.—
(1) IN GENERAL.—If the Secretary of State is unable to
certify in writing to the appropriate congressional committees
that the Palestinian Authority, the Palestine Liberation
Organization, and any successor or affiliated organizations have
met the conditions described in subsection (a), the Secretary
shall, not later than 15 days after the date on which the
Secretary is unable to make such certification, submit to the
appropriate congressional committees a report that contains
the following:
(A) The reasons why the Secretary was unable to certify in writing that such organizations have met such
requirements.
(B) The definition of ‘‘acts of terrorism’’ that the Secretary used for purposes of making the determination in
subparagraph (B) of subsection (a)(1).
(C) The total amount of funds to be withheld.
(2) FORM.—The report required by this subsection shall
be submitted in unclassified form but may include a classified
annex.
(f) LIST OF CRITERIA.—
(1) IN GENERAL.—Not later than 15 days after the date
of the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a list of the criteria
that the Secretary uses to determine whether assistance for
the West Bank and Gaza is assistance that directly benefits
the Palestinian Authority for purposes of carrying out this
section.
(2) UPDATE.—The Secretary of State shall submit to the
appropriate congressional committees an updated list under
paragraph (1) not later than 15 days after the date on which
the Secretary makes any modification to the list.
SEC. 1005. INITIAL REPORT.

(a) IN GENERAL.—Not later than 60 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report describing
those programs, projects, and activities funded by the United States
Government that have been or will be suspended by reason of
withholding of funds under section 1004.
(b) FORM.—The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
SEC. 1006. ANNUAL REPORT.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 6 years,

H. R. 1625—800
the Secretary of State shall submit to the appropriate congressional
committees a report including at a minimum the following elements:
(1) An estimate of the amount expended by the Palestinian
Authority, the Palestine Liberation Organization, and any successor or affiliated organizations during the previous calendar
year as payments for acts of terrorism by individuals who
are imprisoned for such acts.
(2) An estimate of the amount expended by the Palestinian
Authority, the Palestine Liberation Organization, and any successor or affiliated organizations during the previous calendar
year as payments to the families of deceased individuals who
committed an act of terrorism.
(3) An overview of Palestinian laws, decrees, regulations,
or documents in effect the previous calendar year that authorize
or implement any payments reported under paragraphs (1)
and (2).
(4) A description of United States Government policy,
efforts, and engagement with the Palestinian Authority in order
to confirm the revocation of any law, decree, regulation, or
document in effect the previous calendar year that authorizes
or implements any payments reported under paragraphs (1)
and (2).
(5) A description of United States Government policy,
efforts, and engagement with other governments, and at the
United Nations, to highlight the issue of Palestinian payments
for acts of terrorism and to urge other nations to join the
United States in calling on the Palestinian Authority to immediately cease such payments.
(b) FORM OF REPORT.—The report required by subsection (a)
shall be submitted in unclassified form but may include a classified
annex.
SEC. 1007. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

In this title, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Appropriations and the Committee
on Foreign Affairs of the House of Representatives; and
(2) the Committee on Appropriations and the Committee
on Foreign Relations of the Senate.

TITLE XI—FARM ACT
SEC. 1101. SHORT TITLE.

This title may be cited as the ‘‘Fair Agricultural Reporting
Method Act’’ or the ‘‘FARM Act’’.
SEC. 1102. EXEMPTIONS FROM CERTAIN NOTICE REQUIREMENTS AND
PENALTIES.

Section 103 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9603) is
amended by striking subsection (e) and inserting the following:
‘‘(e) APPLICABILITY TO REGISTERED PESTICIDE PRODUCTS AND
AIR EMISSIONS FROM ANIMAL WASTE AT FARMS.—
‘‘(1) IN GENERAL.—This section shall not apply to—
‘‘(A) the application of a pesticide product registered
under the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136 et seq.) or the handling and storage

H. R. 1625—801
of such a pesticide product by an agricultural producer;
or
‘‘(B) air emissions from animal waste (including decomposing animal waste) at a farm.
‘‘(2) DEFINITIONS.—In this subsection:
‘‘(A) ANIMAL WASTE.—
‘‘(i) IN GENERAL.—The term ‘animal waste’ means
feces, urine, or other excrement, digestive emission,
urea, or similar substances emitted by animals
(including any form of livestock, poultry, or fish).
‘‘(ii) INCLUSIONS.—The term ‘animal waste’
includes animal waste that is mixed or commingled
with bedding, compost, feed, soil, or any other material
typically found with such waste.
‘‘(B) FARM.—The term ‘farm’ means a site or area
(including associated structures) that—
‘‘(i) is used for—
‘‘(I) the production of a crop; or
‘‘(II) the raising or selling of animals (including
any form of livestock, poultry, or fish); and
‘‘(ii) under normal conditions, produces during a
farm year any agricultural products with a total value
equal to not less than $1,000.’’.
SEC. 1103. APPLICATION.

Nothing in this title or an amendment made by this title
affects, or supersedes or modifies the responsibility or authority
of any Federal official or employee to comply with or enforce,
any requirement under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.), other than the hazardous substance notification requirements under section 103 of that Act (42 U.S.C. 9603) with respect
to air emissions from animal waste at farms.

TITLE XII—TIPPED EMPLOYEES
SEC. 1201. TIPPED EMPLOYEES.

(a) PROHIBITION ON KEEPING TIPS.—Section 3(m) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(m)) is amended—
(1) by redesignating paragraphs (1) and (2) as clauses
(i) and (ii), respectively;
(2) by inserting ‘‘(1)’’ after ‘‘(m)’’;
(3) by striking ‘‘any employee. In determining’’ and
inserting the following: ‘‘any employee.
‘‘(2)(A) In determining’’;
(4) in clause (ii) of paragraph (2)(A) (as so redesignated),
by striking ‘‘paragraph (1)’’ and inserting ‘‘clause (i)’’; and
(5) by adding at the end the following:
‘‘(B) An employer may not keep tips received by its employees
for any purposes, including allowing managers or supervisors to
keep any portion of employees’ tips, regardless of whether or not
the employer takes a tip credit.’’.
(b) PENALTIES.—Section 16 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 216) is amended—
(1) in subsection (b)—

H. R. 1625—802
(A) by inserting after the second sentence the following:
‘‘Any employer who violates section 3(m)(2)(B) shall be
liable to the employee or employees affected in the amount
of the sum of any tip credit taken by the employer and
all such tips unlawfully kept by the employer, and in
an additional equal amount as liquidated damages.’’; and
(B) by striking ‘‘either of’’;
(2) in subsection (c), by adding at the end the following:
‘‘The authority and requirements described in this subsection
shall apply with respect to a violation of section 3(m)(2)(B),
as appropriate, and the employer shall be liable for the amount
of the sum of any tip credit taken by the employer and all
such tips unlawfully kept by the employer, and an additional
equal amount as liquidated damages.’’; and
(3) in subsection (e)(2), by adding at the end the following:
‘‘Any person who violates section 3(m)(2)(B) shall be subject
to a civil penalty not to exceed $1,100 for each such violation,
as the Secretary determines appropriate, in addition to being
liable to the employee or employees affected for all tips unlawfully kept, and an additional equal amount as liquidated damages, as described in subsection (b).’’.
(c) EFFECT ON REGULATIONS.—The portions of the final rule
promulgated by the Department of Labor entitled ‘‘Updating Regulations Issued Under the Fair Labor Standards Act’’ (76 Fed. Reg.
18832 (April 5, 2011)) that revised sections 531.52, 531.54, and
531.59 of title 29, Code of Federal Regulations (76 Fed. Reg. 18854–
18856) and that are not addressed by section 3(m) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(m)) (as such section
was in effect on April 5, 2011), shall have no further force or
effect until any future action taken by the Administrator of the
Wage and Hour Division of the Department of Labor.

TITLE
XIII—REVISIONS
TO
PASSTHROUGH PERIOD AND PAYMENT
RULES
SEC. 1301. REVISIONS TO PASS-THROUGH PERIOD AND PAYMENT
RULES UNDER OPPS FOR CERTAIN NEW DRUGS AND
BIOLOGICALS.

(a) REVISIONS TO PASS-THROUGH PERIOD AND PAYMENT
RULES.—
(1) IN GENERAL.—Section 1833(t)(6) of the Social Security
Act (42 U.S.C. 1395l(t)(6)) is amended—
(A) in subparagraph (C)(i), in the matter preceding
subclause (I), by striking ‘‘The payment’’ and inserting
‘‘Subject to subparagraph (G), the payment’’;
(B) in subparagraph (D)(i), by inserting ‘‘subject to
subparagraph (H),’’ before ‘‘in the case’’; and
(C) by adding at the end the following new subparagraphs:
‘‘(G) PASS-THROUGH EXTENSION FOR CERTAIN DRUGS
AND BIOLOGICALS.—In the case of a drug or biological whose
period of pass-through status under this paragraph ended
on December 31, 2017, and for which payment under this
subsection was packaged into a payment for a covered

H. R. 1625—803
OPD service (or group of services) furnished beginning
January 1, 2018, such pass-through status shall be
extended for a 2-year period beginning on October 1, 2018.
‘‘(H) TEMPORARY PAYMENT RULE FOR CERTAIN DRUGS
AND BIOLOGICALS.—In the case of a drug or biological whose
period of pass-through status under this paragraph ended
on December 31, 2017, and for which payment under this
subsection was packaged into a payment for a covered
OPD service (or group of services) furnished beginning
January 1, 2018, the payment amount for such drug or
biological under this subsection that is furnished during
the period beginning on October 1, 2018, and ending on
March 31, 2019, shall be the greater of—
‘‘(i) the payment amount that would otherwise
apply under subparagraph (D)(i) for such drug or
biological during such period; or
‘‘(ii) the payment amount that applied under such
subparagraph (D)(i) for such drug or biological on
December 31, 2017.
‘‘(I) SPECIAL PAYMENT ADJUSTMENT RULES FOR LAST
QUARTER OF 2018.—In the case of a drug or biological whose
period of pass-through status under this paragraph ended
on December 31, 2017, and for which payment under this
subsection was packaged into a payment amount for a
covered OPD service (or group of services) beginning
January 1, 2018, the following rules shall apply with
respect to payment amounts under this subsection for covered a OPD service (or group of services) furnished during
the period beginning on October 1, 2018, and ending on
December 31, 2018:
‘‘(i) The Secretary shall remove the packaged costs
of such drug or biological (as determined by the Secretary) from the payment amount under this subsection
for the covered OPD service (or group of services) with
which it is packaged.
‘‘(ii) The Secretary shall not make any adjustments
to payment amounts under this subsection for a covered OPD service (or group of services) for which no
costs were removed under clause (i).’’.
(2) NONAPPLICATION OF LIMIT ON AGGREGATE ANNUAL
ADJUSTMENT FOR 2018.—Section 1833(t)(6)(E)(i) of the Social
Security Act (42 U.S.C. 1395l(t)(6)(E)(i)) is amended by adding
at the end the following new sentence: ‘‘This clause shall not
apply for 2018.’’.
(3) IMPLEMENTATION.—Notwithstanding any other provision of law, the Secretary of Health and Human Services may
implement the amendments made by paragraphs (1) and (2)
by program instruction or otherwise.
(b) GAO STUDY AND REPORT.—
(1) IN GENERAL.—The Comptroller General of the United
States (in this subsection referred to as the ‘‘Comptroller General’’) shall conduct a study on the policy for packaging high
cost drugs and biologicals after their pass-through status under
subsection (t)(6) of section 1833 of the Social Security Act
(42 U.S.C. 1395l) has expired under the payment systems for
hospital outpatient department services under section subsection (t) of such section and for surgical services furnished

H. R. 1625—804
in an ambulatory surgical center under subsection (i) of such
section. Such study shall include an analysis of—
(A) the impact of such policy on—
(i) the utilization of such drugs and biologicals;
(ii) the availability of treatment options, including
consultations with physicians and hospitals; and
(iii) to the extent practicable, the health outcomes
of Medicare beneficiaries; and
(B) the impact of the amendments made by subsection
(a), including the impact on price competition and costsharing.
(2) REPORT.—Not later than March 1, 2021, the Comptroller
General shall submit to Congress a report containing the results
of the study conducted under paragraph (1), together with
recommendations for such legislation and administrative action
as the Comptroller General determines appropriate.

DIVISION T—REVENUE PROVISIONS
SEC. 101. MODIFICATION OF DEDUCTION FOR QUALIFIED BUSINESS
INCOME OF A COOPERATIVE AND ITS PATRONS.

(a) DEDUCTION FOR QUALIFIED PRODUCTION ACTIVITIES
INCOME.—
(1) IN GENERAL.—Subsection (g) of section 199A of the
Internal Revenue Code of 1986 is amended to read as follows:
‘‘(g) DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC
PRODUCTION ACTIVITIES OF SPECIFIED AGRICULTURAL OR HORTICULTURAL COOPERATIVES.—
‘‘(1) ALLOWANCE OF DEDUCTION.—
‘‘(A) IN GENERAL.—In the case of a taxpayer which
is a specified agricultural or horticultural cooperative, there
shall be allowed as a deduction an amount equal to 9
percent of the lesser of—
‘‘(i) the qualified production activities income of
the taxpayer for the taxable year, or
‘‘(ii) the taxable income of the taxpayer for the
taxable year.
‘‘(B) LIMITATION.—
‘‘(i) IN GENERAL.—The deduction allowable under
subparagraph (A) for any taxable year shall not exceed
50 percent of the W-2 wages of the taxpayer for the
taxable year.
‘‘(ii) W-2 WAGES.—For purposes of this subparagraph, the W-2 wages of the taxpayer shall be determined in the same manner as under subsection (b)(4)
(without regard to subparagraph (B) thereof and after
application of subsection (b)(5)), except that such wages
shall not include any amount which is not properly
allocable to domestic production gross receipts for purposes of paragraph (3)(A).
‘‘(C) TAXABLE INCOME OF COOPERATIVES DETERMINED
WITHOUT REGARD TO CERTAIN DEDUCTIONS.—For purposes
of this subsection, the taxable income of a specified agricultural or horticultural cooperative shall be computed without
regard to any deduction allowable under subsection (b)
or (c) of section 1382 (relating to patronage dividends,

H. R. 1625—805
per-unit retain allocations, and nonpatronage distributions).
‘‘(2) DEDUCTION ALLOWED TO PATRONS.—
‘‘(A) IN GENERAL.—In the case of any eligible taxpayer
who receives a qualified payment from a specified agricultural or horticultural cooperative, there shall be allowed
as a deduction for the taxable year in which such payment
is received an amount equal to the portion of the deduction
allowed under paragraph (1) to such cooperative which
is—
‘‘(i) allowed with respect to the portion of the qualified production activities income to which such payment is attributable, and
‘‘(ii) identified by such cooperative in a written
notice mailed to such taxpayer during the payment
period described in section 1382(d).
‘‘(B) LIMITATION BASED ON TAXABLE INCOME.—The
deduction allowed to any taxpayer under this paragraph
shall not exceed the taxable income of the taxpayer determined without regard to the deduction allowed under this
paragraph and after taking into account any deduction
allowed to the taxpayer under subsection (a) for the taxable
year.
‘‘(C) COOPERATIVE DENIED DEDUCTION FOR PORTION OF
QUALIFIED PAYMENTS.—The taxable income of a specified
agricultural or horticultural cooperative shall not be
reduced under section 1382 by reason of that portion of
any qualified payment as does not exceed the deduction
allowable under subparagraph (A) with respect to such
payment.
‘‘(D) ELIGIBLE TAXPAYER.—For purposes of this paragraph, the term ‘eligible taxpayer’ means—
‘‘(i) a taxpayer other than a corporation, or
‘‘(ii) a specified agricultural or horticultural
cooperative.
‘‘(E) QUALIFIED PAYMENT.—For purposes of this section,
the term ‘qualified payment’ means, with respect to any
eligible taxpayer, any amount which—
‘‘(i) is described in paragraph (1) or (3) of section
1385(a),
‘‘(ii) is received by such taxpayer from a specified
agricultural or horticultural cooperative, and
‘‘(iii) is attributable to qualified production activities income with respect to which a deduction is
allowed to such cooperative under paragraph (1).
‘‘(3) QUALIFIED PRODUCTION ACTIVITIES INCOME.—For purposes of this subsection—
‘‘(A) IN GENERAL.—The term ‘qualified production
activities income’ for any taxable year means an amount
equal to the excess (if any) of—
‘‘(i) the taxpayer’s domestic production gross
receipts for such taxable year, over
‘‘(ii) the sum of—
‘‘(I) the cost of goods sold that are allocable
to such receipts, and

H. R. 1625—806
‘‘(II) other expenses, losses, or deductions
(other than the deduction allowed under this subsection), which are properly allocable to such
receipts.
‘‘(B) ALLOCATION METHOD.—The Secretary shall prescribe rules for the proper allocation of items described
in subparagraph (A) for purposes of determining qualified
production activities income. Such rules shall provide for
the proper allocation of items whether or not such items
are directly allocable to domestic production gross receipts.
‘‘(C) SPECIAL RULES FOR DETERMINING COSTS.—
‘‘(i) IN GENERAL.—For purposes of determining
costs under subclause (I) of subparagraph (A)(ii), any
item or service brought into the United States shall
be treated as acquired by purchase, and its cost shall
be treated as not less than its value immediately after
it entered the United States. A similar rule shall apply
in determining the adjusted basis of leased or rented
property where the lease or rental gives rise to
domestic production gross receipts.
‘‘(ii) EXPORTS FOR FURTHER MANUFACTURE.—In the
case of any property described in clause (i) that had
been exported by the taxpayer for further manufacture,
the increase in cost or adjusted basis under clause
(i) shall not exceed the difference between the value
of the property when exported and the value of the
property when brought back into the United States
after the further manufacture.
‘‘(D) DOMESTIC PRODUCTION GROSS RECEIPTS.—
‘‘(i) IN GENERAL.—The term ‘domestic production
gross receipts’ means the gross receipts of the taxpayer
which are derived from any lease, rental, license, sale,
exchange, or other disposition of any agricultural or
horticultural product which was manufactured, produced, grown, or extracted by the taxpayer (determined
after the application of paragraph (4)(B)) in whole or
significant part within the United States. Such term
shall not include gross receipts of the taxpayer which
are derived from the lease, rental, license, sale,
exchange, or other disposition of land.
‘‘(ii) RELATED PERSONS.—
‘‘(I) IN GENERAL.—The term ‘domestic production gross receipts’ shall not include any gross
receipts of the taxpayer derived from property
leased, licensed, or rented by the taxpayer for use
by any related person.
‘‘(II) RELATED PERSON.—For purposes of subclause (I), a person shall be treated as related
to another person if such persons are treated as
a single employer under subsection (a) or (b) of
section 52 or subsection (m) or (o) of section 414,
except that determinations under subsections (a)
and (b) of section 52 shall be made without regard
to section 1563(b).
‘‘(4) SPECIFIED AGRICULTURAL OR HORTICULTURAL COOPERATIVE.—For purposes of this section—

H. R. 1625—807
‘‘(A) IN GENERAL.—The term ‘specified agricultural or
horticultural cooperative’ means an organization to which
part I of subchapter T applies which is engaged—
‘‘(i) in the manufacturing, production, growth, or
extraction in whole or significant part of any agricultural or horticultural product, or
‘‘(ii) in the marketing of agricultural or horticultural products.
‘‘(B) APPLICATION TO MARKETING COOPERATIVES.—A
specified agricultural or horticultural cooperative described
in subparagraph (A)(ii) shall be treated as having manufactured, produced, grown, or extracted in whole or significant
part any agricultural or horticultural product marketed
by the specified agricultural or horticultural cooperative
which its patrons have so manufactured, produced, grown,
or extracted.
‘‘(5) DEFINITIONS AND SPECIAL RULES.—
‘‘(A) SPECIAL RULE FOR AFFILIATED GROUPS.—
‘‘(i) IN GENERAL.—All members of an expanded
affiliated group shall be treated as a single corporation
for purposes of this subsection.
‘‘(ii) PARTNERSHIPS OWNED BY EXPANDED AFFILIATED GROUPS.—For purposes of paragraph (3)(D), if
all of the interests in the capital and profits of a
partnership are owned by members of a single
expanded affiliated group at all times during the taxable year of such partnership, the partnership and
all members of such group shall be treated as a single
taxpayer during such period.
‘‘(iii) EXPANDED AFFILIATED GROUP.—For purposes
of this subsection, the term ‘expanded affiliated group’
means an affiliated group as defined in section 1504(a),
determined—
‘‘(I) by substituting ‘more than 50 percent’ for
‘at least 80 percent’ each place it appears, and
‘‘(II) without regard to paragraphs (2) and (4)
of section 1504(b).
‘‘(iv) ALLOCATION OF DEDUCTION.—Except as provided in regulations, the deduction under paragraph
(1) shall be allocated among the members of the
expanded affiliated group in proportion to each member’s respective amount (if any) of qualified production
activities income.
‘‘(B) SPECIAL RULE FOR COOPERATIVE PARTNERS.—In
the case of a specified agricultural or horticultural cooperative which is a partner in a partnership, rules similar
to the rules of subsection (f)(1) shall apply for purposes
of this subsection.
‘‘(C) TRADE OR BUSINESS REQUIREMENT.—This subsection shall be applied by only taking into account items
which are attributable to the actual conduct of a trade
or business.
‘‘(D) UNRELATED BUSINESS TAXABLE INCOME.—For purposes of determining the tax imposed by section 511, this
section shall be applied by substituting ‘unrelated business
taxable income’ for ‘taxable income’ each place it appears
in this section (other than this subparagraph).

H. R. 1625—808
‘‘(E) SPECIAL RULE FOR COOPERATIVE WITH OIL RELATED
QUALIFIED PRODUCTION ACTIVITIES INCOME.—
‘‘(i) IN GENERAL.—If a specified agricultural or
horticultural cooperative has oil related qualified
production activities income for any taxable year, the
amount otherwise allowable as a deduction under paragraph (1) shall be reduced by 3 percent of the least
of—
‘‘(I) the oil related qualified production activities income of the cooperative for the taxable year,
‘‘(II) the qualified production activities income
of the cooperative for the taxable year, or
‘‘(III) taxable income.
‘‘(ii) OIL RELATED QUALIFIED PRODUCTION ACTIVITIES INCOME.—For purposes of this subparagraph, the
term ‘oil related qualified production activities income’
means for any taxable year the qualified production
activities income which is attributable to the production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof (within
the meaning of section 927(a)(2)(C), as in effect before
its repeal) during such taxable year.
‘‘(6) REGULATIONS.—The Secretary shall prescribe such
regulations as are necessary to carry out the purposes of this
subsection, including regulations which prevent more than 1
taxpayer from being allowed a deduction under this subsection
with respect to any activity described in paragraph (3)(D)(i).
Such regulations shall be based on the regulations applicable
to cooperatives and their patrons under section 199 (as in
effect before its repeal).’’.
(2) CONFORMING AMENDMENTS.—
(A) Sections 63(b)(3), 63(d)(3), 199A(e)(1), and
6662(d)(1)(C) of such Code are each amended by striking
‘‘the deduction’’ and inserting ‘‘any deduction’’.
(B) The last sentence of section 62(a) of such Code
and section 172(d)(8) of such Code are each amended by
striking ‘‘The deduction’’ and inserting ‘‘Any deduction’’.
(C) Section 199A(e)(1) of such Code is amended by
striking ‘‘Taxable income’’ and inserting ‘‘Except as otherwise provided in subsection (g)(2)(B), taxable income’’.
(D) Section 613(a) of such Code is amended by striking
‘‘the deduction under section 199A’’ and inserting ‘‘any
deduction under section 199A’’.
(b) MODIFICATIONS RELATED TO PAYMENTS FROM COOPERATIVES.—
(1) REPEAL OF SPECIAL DEDUCTION FOR QUALIFIED COOPERATIVE DIVIDENDS.—Subsection (a) of section 199A of such Code
is amended to read as follows:
‘‘(a) ALLOWANCE OF DEDUCTION.—In the case of a taxpayer
other than a corporation, there shall be allowed as a deduction
for any taxable year an amount equal to the lesser of—
‘‘(1) the combined qualified business income amount of
the taxpayer, or
‘‘(2) an amount equal to 20 percent of the excess (if any)
of—
‘‘(A) the taxable income of the taxpayer for the taxable
year, over

H. R. 1625—809
‘‘(B) the net capital gain (as defined in section 1(h))
of the taxpayer for such taxable year.’’.
(2) REPEAL OF RULE EXCLUDING QUALIFIED COOPERATIVE
DIVIDENDS FROM QUALIFIED BUSINESS INCOME.—
(A) IN GENERAL.—Section 199A(c)(1) of such Code is
amended by striking ‘‘, qualified cooperative dividends,’’.
(B) CONFORMING AMENDMENTS.—
(i) Section 199A(c)(3)(B) of such Code is amended—
(I) by striking ‘‘investment’’ in the matter preceding clause (i), and
(II) by adding at the end of clause (ii) the
following: ‘‘Any amount described in section
1385(a)(1) shall not be treated as described in this
clause.’’.
(ii) Section 199A(e) of such Code is amended by
striking paragraph (4) and by redesignating paragraph
(5) as paragraph (4).
(3) REDUCTION OF QUALIFIED BUSINESS INCOME WITH
RESPECT TO INCOME RECEIVED FROM COOPERATIVES.—Section
199A(b) of such Code is amended by adding at the end the
following new paragraph:
‘‘(7) SPECIAL RULE WITH RESPECT TO INCOME RECEIVED FROM
COOPERATIVES.—In the case of any qualified trade or business
of a patron of a specified agricultural or horticultural cooperative, the amount determined under paragraph (2) with respect
to such trade or business shall be reduced by the lesser of—
‘‘(A) 9 percent of so much of the qualified business
income with respect to such trade or business as is properly
allocable to qualified payments received from such cooperative, or
‘‘(B) 50 percent of so much of the W-2 wages with
respect to such trade or business as are so allocable.’’.
(c) APPLICATION OF SECTION 199 TO CERTAIN QUALIFIED PAYMENTS PAID AFTER 2017.—Subsection (c) of section 13305 of Public
Law 115–97 is amended to read as follows:
‘‘(c) EFFECTIVE DATES.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the amendments made by this section shall apply to taxable
years beginning after December 31, 2017.
‘‘(2) TRANSITION RULE FOR QUALIFIED PAYMENTS OF PATRONS
OF COOPERATIVES.—
‘‘(A) IN GENERAL.—The amendments made by this section shall not apply to a qualified payment received by
a taxpayer from a specified agricultural or horticultural
cooperative in a taxable year of the taxpayer beginning
after December 31, 2017, which is attributable to qualified
production activities income with respect to which a deduction is allowable to the cooperative under section 199 of
the Internal Revenue Code of 1986 (as in effect before
the amendments made by this section) for a taxable year
of the cooperative beginning before January 1, 2018. Any
term used in this subparagraph which is also used in
section 199 of such Code (as so in effect) shall have the
same meaning as when used in such section.
‘‘(B) COORDINATION WITH SECTION 199A.—No deduction
shall be allowed under section 199A of such Code for any
qualified payment to which subparagraph (A) applies.’’.

H. R. 1625—810
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as otherwise provided in this subsection, the amendments made by this section shall take effect
as if included in section 11011 of Public Law 115–97.
(2) APPLICATION OF SECTION 199 TO CERTAIN QUALIFIED
PAYMENTS PAID AFTER 2017.—The amendment made by subsection (c) shall take effect as if included in section 13305
of Public Law 115–97.
SEC. 102. INCREASE IN STATE HOUSING CREDIT CEILING FOR , 2019,
2020, 2021.

(a) IN GENERAL.—Section 42(h)(3)(I) of the Internal Revenue
Code of 1986 is amended to read as follows:
‘‘(I) INCREASE IN STATE HOUSING CREDIT CEILING FOR
2018, 2019, 2020, AND 2021.—In the case of calendar years
2018, 2019, 2020, and 2021, each of the dollar amounts
in effect under clauses (I) and (II) of subparagraph (C)(ii)
for any calendar year (after any increase under subparagraph (H)) shall be increased by multiplying such dollar
amount by 1.125.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to calendar years beginning after December 31, 2017.
SEC. 103. AVERAGE INCOME TEST FOR LOW-INCOME HOUSING CREDIT.

(a) IN GENERAL.—Paragraph (1) of section 42(g) of the Internal
Revenue Code of 1986 is amended—
(1) by striking ‘‘subparagraph (A) or (B)’’ and inserting
‘‘subparagraph (A), (B), or (C)’’, and
(2) by inserting after subparagraph (B) the following new
subparagraph:
‘‘(C) AVERAGE INCOME TEST.—
‘‘(i) IN GENERAL.—The project meets the minimum
requirements of this subparagraph if 40 percent or
more (25 percent or more in the case of a project
described in section 142(d)(6)) of the residential units
in such project are both rent-restricted and occupied
by individuals whose income does not exceed the
imputed income limitation designated by the taxpayer
with respect to the respective unit.
‘‘(ii) SPECIAL RULES RELATING TO INCOME LIMITATION.—For purposes of clause (i)—
‘‘(I) DESIGNATION.—The taxpayer shall designate the imputed income limitation of each unit
taken into account under such clause.
‘‘(II) AVERAGE TEST.—The average of the
imputed income limitations designated under subclause (I) shall not exceed 60 percent of area
median gross income.
‘‘(III) 10-PERCENT INCREMENTS.—The designated imputed income limitation of any unit
under subclause (I) shall be 20 percent, 30 percent,
40 percent, 50 percent, 60 percent, 70 percent,
or 80 percent of area median gross income.’’.
(b) RULES RELATING TO NEXT AVAILABLE UNIT.—Subparagraph
(D) of section 42(g)(2) of the Internal Revenue Code of 1986 is
amended—
(1) in clause (i), by striking ‘‘clause (ii)’’ and inserting
‘‘clauses (ii), (iii), and (iv)’’,

H. R. 1625—811
(2) in clause (ii)—
(A) by striking ‘‘If’’ and inserting ‘‘In the case of a
project with respect to which the taxpayer elects the
requirements of subparagraph (A) or (B) of paragraph (1),
if’’,
(B) by striking the second sentence, and
(C) by striking ‘‘NEXT AVAILABLE UNIT MUST BE RENTED
TO LOW-INCOME TENANT IF INCOME RISES ABOVE 140 PERCENT OF INCOME LIMIT’’ in the heading and inserting
‘‘RENTAL OF NEXT AVAILABLE UNIT IN CASE OF 20–50 OR
40–60 TEST’’, and
(3) by adding at the end the following new clauses:
‘‘(iii) RENTAL OF NEXT AVAILABLE UNIT IN CASE
OF AVERAGE INCOME TEST.—In the case of a project
with respect to which the taxpayer elects the requirements of subparagraph (C) of paragraph (1), if the
income of the occupants of the unit increases above
140 percent of the greater of—
‘‘(I) 60 percent of area median gross income,
or
‘‘(II) the imputed income limitation designated
with respect to the unit under paragraph
(1)(C)(ii)(I),
clause (i) shall cease to apply to any such unit if
any residential rental unit in the building (of a size
comparable to, or smaller than, such unit) is occupied
by a new resident whose income exceeds the limitation
described in clause (v).
‘‘(iv) DEEP RENT SKEWED PROJECTS.—In the case
of a project described in section 142(d)(4)(B), clause
(ii) or (iii), whichever is applicable, shall be applied
by substituting ‘170 percent’ for ‘140 percent’, and—
‘‘(I) in the case of clause (ii), by substituting
‘any low-income unit in the building is occupied
by a new resident whose income exceeds 40 percent
of area median gross income’ for ‘any residential
rental unit’ and all that follows in such clause,
and
‘‘(II) in the case of clause (iii), by substituting
‘any low-income unit in the building is occupied
by a new resident whose income exceeds the lesser
of 40 percent of area median gross income or the
imputed income limitation designated with respect
to such unit under paragraph (1)(C)(ii)(I)’ for ‘any
residential rental unit’ and all that follows in such
clause.
‘‘(v) LIMITATION DESCRIBED.—For purposes of
clause (iii), the limitation described in this clause with
respect to any unit is—
‘‘(I) the imputed income limitation designated
with respect to such unit under paragraph
(1)(C)(ii)(I), in the case of a unit which was taken
into account as a low-income unit prior to becoming
vacant, and
‘‘(II) the imputed income limitation which
would have to be designated with respect to such
unit under such paragraph in order for the project

H. R. 1625—812
to continue to meet the requirements of paragraph
(1)(C)(ii)(II), in the case of any other unit.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to elections made under section 42(g)(1) of the Internal
Revenue Code of 1986 after the date of the enactment of this
Act.

DIVISION U—TAX TECHNICAL
CORRECTIONS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; ETC.

(a) SHORT TITLE.—This division may be cited as the ‘‘Tax Technical Corrections Act of 2018’’.
(b) AMENDMENT OF INTERNAL REVENUE CODE OF 1986.—Except
as otherwise expressly provided, whenever in this division an
amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Internal
Revenue Code of 1986.
(c) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
Sec. 1. Short title; table of contents; etc.
TITLE I—TAX TECHNICAL CORRECTIONS
Sec. 101. Amendments relating to Protecting Americans from Tax Hikes Act of
2015.
Sec. 102. Amendment relating to Consolidated Appropriations Act, 2016.
Sec. 103. Amendments relating to Fixing America’s Surface Transportation Act.
Sec. 104. Amendments relating to Surface Transportation and Veterans Health
Care Choice Improvement Act of 2015.
Sec. 105. Amendments relating to Stephen Beck, Jr., ABLE Act of 2014.
Sec. 106. Amendment relating to American Taxpayer Relief Act of 2012.
Sec. 107. Amendment relating to United States-Korea Free Trade Agreement Implementation Act.
Sec. 108. Amendment relating to SAFETEA–LU.
Sec. 109. Amendments relating to the American Jobs Creation Act of 2004.
TITLE II—TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP AUDIT
RULES
Sec. 201. Scope of adjustments subject to partnership audit rules.
Sec. 202. Determination of imputed underpayments.
Sec. 203. Alternative procedure to filing amended returns for purposes of modifying
imputed underpayment.
Sec. 204. Treatment of passthrough partners in tiered structures.
Sec. 205. Treatment of failure of partnership to pay imputed underpayment.
Sec. 206. Other technical corrections related to partnership audit rules.
Sec. 207. Effective date.
TITLE III—OTHER CORRECTIONS
Sec. 301. Amendments relating to the Bipartisan Budget Act of 2015.
Sec. 302. Amendments relating to the Energy Policy Act of 2005.
TITLE IV—CLERICAL CORRECTIONS AND DEADWOOD
Sec. 401. Clerical corrections and deadwood-related provisions.

H. R. 1625—813

TITLE I—TAX TECHNICAL
CORRECTIONS
SEC. 101. AMENDMENTS RELATING TO PROTECTING AMERICANS FROM
TAX HIKES ACT OF 2015.

(a) AMENDMENT RELATING TO SECTION 103.—
(1) Section 32(b)(2) is amended—
(A) by striking clauses (ii) and (iii) of subparagraph
(B), and
(B) by striking so much of subparagraph (B) as precedes ‘‘In the case of a joint return’’ and inserting the
following:
‘‘(B) JOINT RETURNS.—’’.
(2) Section 32(j)(1) is amended—
(A) in the matter preceding subparagraph (A) by
striking ‘‘after 1996’’ and inserting ‘‘after 2015’’,
(B) in subparagraph (B) by inserting ‘‘by substituting
in subparagraph (A)(ii) thereof’’ after ‘‘, determined’’ ,
(C) in subparagraph (B)(i) by striking ‘‘by substituting’’
and ‘‘in subparagraph (A)(ii) thereof’’,
(D) in subparagraph (B)(ii)—
(i) by striking ‘‘by substituting’’ and ‘‘in subparagraph (A)(ii) of such section 1’’,
(ii) by striking ‘‘$3,000’’ and inserting ‘‘$5,000’’,
(iii) by striking ‘‘(b)(2)(B)(iii)’’ and inserting
‘‘(b)(2)(B)’’, and
(iv) by striking ‘‘2007’’ and inserting ‘‘2008’’.
(b) AMENDMENT RELATING TO SECTION 105.—Section
132(f)(6)(A) is amended by striking the second sentence.
(c) AMENDMENTS RELATING TO SECTION 121.—Section 41(c) is
amended—
(1) by striking paragraph (4),
(2) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively, and
(3) by striking the last sentence of paragraph (4)(C) (as
so redesignated).
(d) AMENDMENTS RELATING TO SECTION 143.—
(1) Section 168(k)(2)(B)(i)(III) is amended by inserting
‘‘binding’’ before ‘‘contract’’.
(2) Section 168(k)(5)(B)(ii) is amended—
(A) by inserting ‘‘crop or’’ after ‘‘more than one’’, and
(B) by inserting ‘‘a marketable crop or yield of’’ after
‘‘begins bearing’’.
(3) For purposes of applying section 168(k) of the Internal
Revenue Code of 1986, as in effect on the day before the
date of the enactment of Public Law 115-97, with respect to
property acquired before September 28, 2017, paragraph (6)
thereof shall be treated as reading as follows (and as having
been included in section 143 of the Protecting Americans from
Tax Hikes Act of 2015):
‘‘(6) PHASE-DOWN.—In the case of qualified property placed
in service by the taxpayer after December 31, 2017 (December
31, 2018, in the case of property described in subparagraph
(B) or (C) of paragraph (2)), paragraph (1)(A) shall be applied
by substituting for ‘50 percent’—
‘‘(A) ‘40 percent’ in the case of—

H. R. 1625—814
‘‘(i) property placed in service in 2018 (other than
property described in subparagraph (B) or (C) of paragraph (2)), and
‘‘(ii) property described in subparagraph (B) or (C)
of paragraph (2) which is placed in service in 2019,
and
‘‘(B) ‘30 percent’ in the case of—
‘‘(i) property placed in service in 2019 (other than
property described in subparagraph (B) or (C) of paragraph (2)), and
‘‘(ii) property described in subparagraph (B) or (C)
of paragraph (2) which is placed in service in 2020.’’.
(4) Section 168(k)(7) of the Internal Revenue Code of 1986,
as in effect on the day before the date of the enactment of
Public Law 115-97, shall be applied—
(A) by substituting ‘‘paragraphs (1), (2)(F), and (4)’’
for ‘‘paragraphs (1) and (2)(F)’’, and
(B) as if the application of such substitution had been
included in section 143 of the Protecting Americans from
Tax Hikes Act of 2015.
(e) AMENDMENTS RELATING TO SECTION 167.—
(1) Section 168(j)(3) is amended by striking ‘‘property to
which paragraph (1) applies’’ and inserting ‘‘qualified Indian
reservation property’’.
(2) Section 168(j)(8) is amended by striking ‘‘this subsection’’ and inserting ‘‘paragraph (1)’’.
(f) AMENDMENTS RELATING TO SECTION 202.—
(1) Section 6722(c)(3)(A) is amended—
(A) by striking ‘‘any information return’’ in clause (iii)
and inserting ‘‘the payee statement’’, and
(B) by striking ‘‘filed’’ in the flush matter at the end
and inserting ‘‘furnished’’.
(2) Section 6721(c)(3)(A) is amended by striking ‘‘any
information return’’ and inserting ‘‘the information return’’.
(3) Section 202(e) of the Protecting Americans from Tax
Hikes Act of 2015 is amended by striking ‘‘provided’’ and
inserting ‘‘furnished’’.
(g) AMENDMENTS RELATING TO SECTION 203.—
(1) Section 6109(i)(1)(A)(i) is amended by striking ‘‘community-based certified acceptance agent’’ and inserting ‘‘community-based certifying acceptance agent’’.
(2) Section 6109(i)(1)(B) is amended by striking ‘‘Internal
Revenue Service’’ and inserting ‘‘Internal Revenue Service, a
community-based certifying acceptance agent approved by the
Secretary,’’.
(3) Section 6109(i)(3) is amended—
(A) in subparagraph (A)—
(i) by inserting ‘‘ending after the issuance of such
number’’ before the period at the end of the first sentence, and
(ii) by striking ‘‘on the last day of such third
consecutive taxable year’’ and inserting ‘‘on the day
after the due date for the return of tax for such third
consecutive taxable year’’, and
(B) by striking subparagraph (B)(ii) and inserting the
following:

H. R. 1625—815
‘‘(ii) if the individual does not file a return of
tax (or is not included as a dependent on the return
of tax of another taxpayer) for 3 consecutive taxable
years at least one of which ends after December 18,
2015, the due date for the return of tax for such third
consecutive taxable year.’’.
(4) Section 203(c) of the Protecting Americans from Tax
Hikes Act of 2015 is amended—
(A) by striking ‘‘section 6109(i)(1)(A)(i)’’ and inserting
‘‘section 6109(i)(1)’’,
(B) by striking ‘‘community-based certified acceptance
agents’’ and inserting ‘‘community-based certifying acceptance agents’’, and
(C) by striking ‘‘CERTIFIED’’ in the heading thereof and
inserting ‘‘CERTIFYING’’.
(5) Section 203(f) of the Protecting Americans from Tax
Hikes Act of 2015 is amended by striking ‘‘The amendments’’
and inserting ‘‘Except to the extent provided in section
6109(i)(3) of the Internal Revenue Code of 1986, the amendments’’.
(h) AMENDMENTS RELATING TO SECTION 204.—Section 204(b)
of the Protecting Americans from Tax Hikes Act of 2015 is
amended—
(1) by striking paragraph (2), and
(2) by striking so much as precedes ‘‘amendment made
by this section’’ and inserting the following: ‘‘(b) EFFECTIVE
DATE.—The’’.
(i) AMENDMENTS RELATING TO SECTION 205.—
(1) Section 24(e)(2) is amended by striking ‘‘identifying
number’’ and inserting ‘‘taxpayer identification number’’.
(2) Section 205(c) of the Protecting Americans from Tax
Hikes Act of 2015 is amended—
(A) by striking paragraph (2), and
(B) by striking so much as precedes ‘‘shall apply to
any return of tax’’ and inserting the following: ‘‘(c) EFFECTIVE DATE.—The amendments made by this section’’.
(j) AMENDMENTS RELATING TO SECTION 206.—Section 206(b)
of the Protecting Americans from Tax Hikes Act of 2015 is
amended—
(1) by striking ‘‘Except as provided in paragraph (2), the
amendment’’ in paragraph (1) and inserting ‘‘The amendment’’,
and
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2).
(k) AMENDMENT RELATING TO SECTION 209.—Section 209(d)(2)
of the Protecting Americans from Tax Hikes Act of 2015 is amended
by striking ‘‘amendment made by subsection (b)’’ and inserting
‘‘amendments made by subsections (b) and (c)’’.
(l) AMENDMENTS RELATED TO SECTIONS 102, 206, 207, 208,
AND 211.—
(1) Section 25A(b)(1) is amended—
(A) in subparagraph (A) by striking ‘‘$1,000’’ and
inserting ‘‘$2,000’’, and
(B) in subparagraph (B)—
(i) by striking ‘‘50 percent’’ and inserting ‘‘25 percent’’,

H. R. 1625—816
(ii) by striking ‘‘$1,000’’ and inserting ‘‘$2,000’’,
and
(iii) by striking ‘‘the applicable limit’’ and inserting
‘‘$4,000’’.
(2) Subparagraphs (A) and (C) of section 25A(b)(2) are
amended by striking ‘‘2’’ in the heading and text of each
subparagraph and inserting ‘‘4’’.
(3) Section 25A(b)(4) is amended to read as follows:
‘‘(4) RESTRICTIONS ON TAXPAYERS WHO IMPROPERLY CLAIMED
AMERICAN OPPORTUNITY TAX CREDIT IN PRIOR YEARS.—
‘‘(A) TAXPAYERS MAKING PRIOR FRAUDULENT OR RECKLESS CLAIMS.—
‘‘(i) IN GENERAL.—No American Opportunity Tax
Credit shall be allowed under this section for any taxable year in the disallowance period.
‘‘(ii) DISALLOWANCE PERIOD.—For purposes of
subparagraph (A), the disallowance period is—
‘‘(I) the period of 10 taxable years after the
most recent taxable year for which there was a
final determination that the taxpayer’s claim of
the American Opportunity Tax Credit under this
section was due to fraud, and
‘‘(II) the period of 2 taxable years after the
most recent taxable year for which there was a
final determination that the taxpayer’s claim of
the American Opportunity Tax Credit under this
section was due to reckless or intentional disregard
of rules and regulations (but not due to fraud).
‘‘(B) TAXPAYERS MAKING IMPROPER PRIOR CLAIMS.—In
the case of a taxpayer who is denied the American Opportunity Tax Credit under this section for any taxable year
as a result of the deficiency procedures under subchapter
B of chapter 63, no American Opportunity Tax Credit shall
be allowed under this section for any subsequent taxable
year unless the taxpayer provides such information as the
Secretary may require to demonstrate eligibility for such
credit.’’.
(4) Section 25A(d) is amended to read as follows:
‘‘(d) LIMITATIONS BASED ON MODIFIED ADJUSTED GROSS
INCOME.—
‘‘(1) AMERICAN OPPORTUNITY TAX CREDIT.—The American
Opportunity Tax Credit (determined without regard to this
paragraph) shall be reduced (but not below zero) by the amount
which bears the same ratio to such credit (as so determined)
as—
‘‘(A) the excess of—
‘‘(i) the taxpayer’s modified adjusted gross income
for such taxable year, over
‘‘(ii) $80,000 ($160,000 in the case of a joint return),
bears to
‘‘(B) $10,000 ($20,000 in the case of a joint return).
‘‘(2) LIFETIME LEARNING CREDIT.—The Lifetime Learning
Credit (determined without regard to this paragraph) shall
be reduced (but not below zero) by the amount which bears
the same ratio to such credit (as so determined) as—
‘‘(A) the excess of—

H. R. 1625—817
‘‘(i) the taxpayer’s modified adjusted gross income
for such taxable year, over
‘‘(ii) $40,000 ($80,000 in the case of a joint return),
bears to
‘‘(B) $10,000 ($20,000 in the case of a joint return).
‘‘(3) MODIFIED ADJUSTED GROSS INCOME.—For purposes of
this subsection, the term ‘modified adjusted gross income’
means the adjusted gross income of the taxpayer for the taxable
year increased by any amount excluded from gross income
under section 911, 931, or 933.’’.
(5) Section 25A(f)(1) is amended by adding at the end
the following new subparagraph:
‘‘(D) REQUIRED COURSE MATERIALS TAKEN INTO
ACCOUNT FOR AMERICAN OPPORTUNITY TAX CREDIT.—For
purposes of determining the American Opportunity Tax
Credit, subparagraph (A) shall be applied by substituting
‘tuition, fees, and course materials’ for ‘tuition and fees’.’’.
(6) Section 25A(g)(1) is amended—
(A) by striking ‘‘No credit’’ and inserting the following:
‘‘(A) IN GENERAL.—No credit’’, and
(B) by adding at the end the following new subparagraph:
‘‘(B) ADDITIONAL IDENTIFICATION REQUIREMENTS WITH
RESPECT TO AMERICAN OPPORTUNITY TAX CREDIT.—
‘‘(i) STUDENT.—The requirements of subparagraph
(A) shall not be treated as met with respect to the
American Opportunity Tax Credit unless the individual’s taxpayer identification number was issued on
or before the due date for filing the return of tax
for the taxable year.
‘‘(ii) TAXPAYER.—No American Opportunity Tax
Credit shall be allowed under this section if the taxpayer identification number of the taxpayer was issued
after the due date for filing the return for the taxable
year.
‘‘(iii) INSTITUTION.—No American Opportunity Tax
Credit shall be allowed under this section unless the
taxpayer includes the employer identification number
of any institution to which qualified tuition and related
expenses were paid with respect to the individual.’’.
(7) Section 25A(h) is amended to read as follows:
‘‘(h) INFLATION ADJUSTMENT.—
‘‘(1) IN GENERAL.—In the case of a taxable year beginning
after 2001, the $40,000 and $80,000 amounts in subsection
(d)(2) shall each be increased by an amount equal to—
‘‘(A) such dollar amount, multiplied by
‘‘(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting ‘calendar year
2000’ for ‘calendar year 2016’ in subparagraph (A)(ii)
thereof.
‘‘(2) ROUNDING.—If any amount as adjusted under paragraph (1) is not a multiple of $1,000, such amount shall be
rounded to the next lowest multiple of $1,000.’’.
(8) Section 25A(i) is amended to read as follows:
‘‘(i) PORTION OF AMERICAN OPPORTUNITY TAX CREDIT MADE
REFUNDABLE.—Forty percent of so much of the credit allowed under

H. R. 1625—818
subsection (a) as is attributable to the American Opportunity Tax
Credit (determined after application of subsection (d) and without
regard to this paragraph and section 26(a)) shall be treated as
a credit allowable under subpart C (and not allowed under subsection (a)). The preceding sentence shall not apply to any taxpayer
for any taxable year if such taxpayer is a child to whom subsection
(g) of section 1 applies for such taxable year.’’.
(9) The heading of section 25A is amended by striking
‘‘hope’’ and inserting ‘‘american opportunity’’.
(10) The item relating to section 25A in the table of contents
for subpart A of part IV of subchapter A of chapter 1 is
amended to read as follows:
‘‘Sec. 25A. American Opportunity and Lifetime Learning credits.’’.

(11) The heading of section 25A(b) is amended by striking
‘‘HOPE SCHOLARSHIP CREDIT’’ and inserting ‘‘AMERICAN OPPORTUNITY TAX CREDIT’’.
(12) The heading of section 25A(b)(2) is amended by striking
‘‘HOPE SCHOLARSHIP CREDIT’’ and inserting ‘‘AMERICAN OPPORTUNITY TAX CREDIT’’.
(13) The heading of section 25A(c)(2)(A) is amended by
striking ‘‘HOPE SCHOLARSHIP’’ and inserting ‘‘AMERICAN OPPORTUNITY TAX CREDIT’’.
(14) Section 25A, as amended by the preceding provisions
of this Act, is amended by striking ‘‘Hope Scholarship Credit’’
each place it appears in the text and inserting ‘‘American
Opportunity Tax Credit’’.
(15) The heading of section 529(c)(3)(B)(v) is amended by
striking ‘‘HOPE’’ and inserting ‘‘AMERICAN OPPORTUNITY’’.
(16) The heading of section 530(d)(2)(C) is amended by
striking ‘‘HOPE’’ and inserting ‘‘AMERICAN OPPORTUNITY’’.
(17) Section 6211(b)(4)(A), as amended by this Act, is
amended by striking ‘‘subsection (i)(5)’’ and inserting ‘‘subsection (i)’’.
(18) Section 6213(g)(2)(Q) is amended to read as follows:
‘‘(Q) an omission of information required by section
25A(b)(4)(B) or an entry on the return claiming the American Opportunity Tax Credit for a taxable year for which
such credit is disallowed under section 25A(b)(4)(A).’’.
(19) Section 207(b)(1) of the Protecting Americans from
Tax Hikes Act of 2015 is amended by striking ‘‘the American
opportunity tax credit under section 25A(i) of such Code’’ and
inserting ‘‘the American Opportunity Tax Credit under section
25A of such Code’’.
(m) AMENDMENT RELATING TO SECTION 311.—
(1) The last sentence of section 355(h)(2)(B) is amended
by striking ‘‘80 percent’’ both places it appears and inserting
‘‘at least 80 percent’’.
(2) Section 355(h)(2) is amended—
(A) by striking ‘‘SPINOFFS’’ in the heading of such paragraph and inserting ‘‘DISTRIBUTIONS’’, and
(B) by striking ‘‘SPINOFFS’’ in the headings of subparagraphs (A) and (B) and inserting ‘‘DISTRIBUTIONS’’.
(n) AMENDMENT RELATING TO SECTION 318.—
(1) Section 856(c)(9)(A) is amended—
(A) by striking ‘‘Personal property’’ and inserting the
following:

H. R. 1625—819
‘‘(i) IN GENERAL.—Personal property’’, and
(B) by adding at the end the following new clause:
‘‘(ii) TREATMENT OF GAIN ON DISPOSITION.—If—
‘‘(I) personal property is leased under, or in
connection with, a lease of real property, for a
period of not less than 1 year, and rents attributable to such personal property are treated as
rents from real property under subsection (d)(1)(C),
‘‘(II) any portion of such personal property and
any portion of such real property are sold, or otherwise disposed of, in a single disposition (or contemporaneously in separate dispositions), and
‘‘(III) the fair market value of the personal
property so sold or contemporaneously disposed
of (determined at the time of disposition) does
not exceed 15 percent of the total fair market
value of all of the personal and real property so
sold or contemporaneously disposed of (determined
at the time of disposition),
any gain from such dispositions shall be treated for
purposes of paragraphs (2)(H) and (3)(H) as gain from
the disposition of a real estate asset.’’.
(2) Section 856(c)(9)(B) is amended to read as follows:
‘‘(B) CERTAIN PERSONAL PROPERTY MORTGAGED IN
CONNECTION WITH REAL PROPERTY.—
‘‘(i) IN GENERAL.—In the case of an obligation
secured by a mortgage on both real property and personal property, if the fair market value of such personal
property does not exceed 15 percent of the total fair
market value of all such property, such obligation shall
be treated—
‘‘(I) for purposes of paragraph (3)(B), as an
obligation described therein,
‘‘(II) for purposes of paragraph (4)(A), as a
real estate asset, and
‘‘(III) for purposes of paragraphs (2)(D) and
(3)(C), as a mortgage on real property.
‘‘(ii) DETERMINATION OF FAIR MARKET VALUE.—
‘‘(I) IN GENERAL.—Except as provided in subclause (II), the fair market value of all such property shall be determined for purposes of clause
(i) in the same manner as the fair market value
of real property is determined for purposes of
apportioning interest income between real property
and personal property under paragraph (3)(B).
‘‘(II) GAIN ON DISPOSITION.—For purposes of
applying clause (i)(III), fair market value shall
be determined at the time of sale or other disposition.’’.
(o) AMENDMENT RELATED TO SECTION 302(b).—Section
529A(c)(1) is amended by striking subparagraph (D).
(p) AMENDMENTS RELATING TO SECTION 322.—
(1) Section 897(k)(2) is amended—
(A) by striking so much of subparagraph (B) as precedes ‘‘amounts realized by the qualified shareholder’’ and
inserting the following:

H. R. 1625—820
‘‘(B) EXCEPTION.—In the case of a qualified shareholder
with one or more applicable investors—
‘‘(i) subparagraph (A)(i) shall not apply to the
applicable percentage of the stock of the real estate
investment trust held by the qualified shareholder,
and
‘‘(ii) the applicable percentage of the’’, and
(B) by adding at the end the following new subparagraph:
‘‘(F) APPLICABLE PERCENTAGE.—For purposes of
subparagraph (B), the term ‘applicable percentage’ means
the percentage of the value of the interests (other than
interests held solely as a creditor) in the qualified shareholder held by applicable investors.’’.
(2) Section 897(k)(2)(D) is amended by striking ‘‘paragraph’’
and inserting ‘‘subsection’’.
(3) Section 897(k)(2)(E) is amended by striking ‘‘and (C)
and paragraph (4)’’ and inserting ‘‘and (D)’’.
(4) Section 897(k)(3)(B)(i) is amended by striking so much
as precedes ‘‘for a reduced rate of withholding’’ and inserting
the following:
‘‘(i) which—
‘‘(I) is eligible for benefits under the comprehensive income tax treaty described in subparagraph (A)(i)(I), but only if the dividends article
of such treaty imposes conditions on the benefits
allowable in the case of dividends paid by a real
estate investment trust, and
‘‘(II) is eligible under such treaty’’.
(5) Section 897(k)(3)(B)(ii) is amended—
(A) by adding ‘‘and’’ at the end of subclause (II), and
(B) by striking ‘‘United States corporation’’ in subclause
(III) and inserting ‘‘domestic corporation’’.
(6) Section 322 of the Protecting Americans from Tax Hikes
Act of 2015 is amended by striking subsections (b)(2) and (c)(3),
and the Internal Revenue Code of 1986 shall be applied as
if such subsections, and amendments made thereby, had never
been enacted.
(7) Section 322(c)(2) of such Act is amended by striking
‘‘take effect on’’ and inserting the following: ‘‘apply with respect
to testing periods (as defined in section 897(h)(4)(D) of the
Internal Revenue Code of 1986) ending on or after’’.
(q) AMENDMENTS RELATED TO SECTION 323.—
(1) So much of subsection (l) of section 897 as precedes
paragraph (2) thereof is amended to read as follows:
‘‘(l) EXCEPTION FOR QUALIFIED FOREIGN PENSION FUNDS.—
‘‘(1) IN GENERAL.—For purposes of this section, a qualified
foreign pension fund shall not be treated as a nonresident
alien individual or a foreign corporation. For purposes of the
preceding sentence, an entity all the interests of which are
held by a qualified foreign pension fund shall be treated as
such a fund.’’.
(2) Subparagraph (B) of section 897(l)(2) is amended to
read as follows:
‘‘(B) which is established—
‘‘(i) by such country (or one or more political subdivisions thereof) to provide retirement or pension

H. R. 1625—821
benefits to participants or beneficiaries that are current
or former employees (including self-employed individuals) or persons designated by such employees, as a
result of services rendered by such employees to their
employers, or
‘‘(ii) by one or more employers to provide retirement or pension benefits to participants or beneficiaries that are current or former employees
(including self-employed individuals) or persons designated by such employees in consideration for services
rendered by such employees to such employers,’’.
(3) Section 897(l)(2)(D) is amended by striking ‘‘provides
annual information reporting about its beneficiaries to the relevant tax authorities’’ and inserting ‘‘with respect to which
annual information about its beneficiaries is provided, or is
otherwise available, to the relevant tax authorities’’.
(4) Section 897(l)(2)(E) is amended—
(A) by striking ‘‘such entity’’ in clause (i) and inserting
‘‘such entity or arrangement’’, and
(B) by striking ‘‘or such income is taxed at a reduced
rate’’ in clause (ii) and inserting ‘‘, or such income is
excluded from the gross income of such entity or arrangement or is taxed at a reduced rate’’.
(r) AMENDMENTS RELATING TO SECTION 333.—
(1) Section 831(b)(2)(B)(i)(II) is amended by striking ‘‘specified assets’’ and inserting ‘‘relevant specified assets’’
(2) Section 831(b)(2)(B) is amended by redesignating clause
(ii) as clause (iv) and by inserting after clause (i) the following
new clauses:
‘‘(ii)
AGGREGATION
OF
CERTAIN
SPOUSAL
INTERESTS.—For purposes of clause (i)(II), any interest
in the insurance company referred to in such clause
which is held (directly or indirectly) by an individual
who is a spouse of the specified holder, and who is
a citizen of the United States, shall be treated as
held by the specified holder.
‘‘(iii) SPECIFIED HOLDER.—For purposes of this
subparagraph, the term ‘specified holder’ means, with
respect to any insurance company, any individual who
holds (directly or indirectly) an interest in such insurance company and who—
‘‘(I) is a lineal descendent (including by adoption) of an individual who holds an interest
(directly or indirectly) in the specified assets with
respect to such insurance company or of such
individual’s spouse,
‘‘(II) is a spouse of any lineal descendent
described in subclause (I), or
‘‘(III) is not a citizen of the United States
and is a spouse of an individual who holds an
interest (directly or indirectly) in the specified
assets with respect to such insurance company.’’.
(3) Section 831(b)(2)(B)(iv), as redesignated by paragraph
(2), is amended—
(A) by striking ‘‘clause (i)(II)’’ in the matter preceding
subclause (I) and inserting ‘‘this subparagraph’’, and
(B) by amending subclause (I) to read as follows:

H. R. 1625—822
‘‘(I) RELEVANT SPECIFIED ASSETS.—The term
‘relevant specified assets’ means, with respect to
any specified holder with respect to any insurance
company, the aggregate amount of the specified
assets, with respect to such insurance company,
any interest in which is held (directly or indirectly)
by any spouse or specified relation of such specified
holder. Such term shall not include any specified
asset solely by reason of an interest in such asset
which was acquired by such spouse or specified
relation by bequest, devise, or inheritance from
a decedent during the taxable year of the insurance
company or the preceding taxable year. For purposes of this subclause, the term ‘specified relation’
means any individual with respect to whom the
specified holder bears a relationship described in
subclause (I) or (II) of clause (iii).’’.
(4) Section 831(b)(2) is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph:
‘‘(D) LOOK-THROUGH OF REINSURANCE AND FRONTING
ARRANGEMENTS.—In the case of reinsurance or any
fronting, intermediary, or similar arrangement, the term
‘policyholder’ means each policyholder of the underlying
direct written insurance with respect to such reinsurance
or arrangement.’’.
(s) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the provision of the Protecting
Americans from Tax Hikes Act of 2015 to which they relate.
SEC. 102. AMENDMENT RELATING TO CONSOLIDATED APPROPRIATIONS ACT, 2016.

(a) AMENDMENT RELATING TO SECTION 305 OF DIVISION P.—
For purposes of applying section 199(c)(3)(C)(i) of the Internal Revenue Code of 1986 (as in effect before its repeal by Public Law
115-97) to taxable years beginning after December 31, 2015, and
before January 1, 2018, such section shall be applied—
(1) by inserting ‘‘who elects the application of this clause
for any taxable year,’’ after ‘‘In the case of any taxpayer’’,
(2) by substituting ‘‘, and who’’ for ‘‘and who’’,
(3) by substituting ‘‘such taxable year’’ for ‘‘the taxable
year’’, and
(4) by substituting ‘‘(as defined in subsection (d)(9)(B))’’
for ‘‘under subsection (d)(9)(B)’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect as if included in section 305 of division P of
the Consolidated Appropriations Act, 2016.
SEC. 103. AMENDMENTS RELATING TO FIXING AMERICA’S SURFACE
TRANSPORTATION ACT.

(a) AMENDMENTS RELATING TO SECTION 32101.—
(1) Section 7345(e)(1) is amended—
(A) by striking ‘‘or the Tax Court’’ and inserting ‘‘,
or against the Commissioner in the Tax Court,’’, and
(B) by adding at the end the following: ‘‘For purposes
of the preceding sentence, the court first acquiring jurisdiction over such an action shall have sole jurisdiction.’’.

H. R. 1625—823
(2) Section 7345(f) is amended by striking ‘‘subsection (a)’’
and inserting ‘‘subsection (b)(1)(B)’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in section 32101 of the Fixing
America’s Surface Transportation Act.
SEC. 104. AMENDMENTS RELATING TO SURFACE TRANSPORTATION
AND VETERANS HEALTH CARE CHOICE IMPROVEMENT
ACT OF 2015.

(a) AMENDMENT RELATING TO SECTION 2004.—Section 6662(k)
is amended to read as follows:
‘‘(k) INCONSISTENT ESTATE BASIS REPORTING.—For purposes of
this section, the term ‘inconsistent estate basis’ means any portion
of an underpayment attributable to the failure to comply with
section 1014(f).’’.
(b) AMENDMENTS RELATING TO SECTION 2008.—Section
9503(e)(2) is amended—
(1) by striking ‘‘per gallon’’ in subparagraph (C) and
inserting ‘‘per energy equivalent of a gallon of diesel (as defined
in section 4041(a)(2)(D))’’, and
(2) by striking ‘‘per gallon’’ in subparagraph (D) and
inserting ‘‘per energy equivalent of a gallon of gasoline (as
defined in section 4041(a)(2)(C))’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the provision of the Surface
Transportation and Veterans Health Care Choice Improvement Act
of 2015 to which they relate.
SEC. 105. AMENDMENTS RELATING TO STEPHEN BECK, JR., ABLE ACT
OF 2014.

(a) AMENDMENTS RELATING TO SECTION 208.—Section 208(h)
of the Stephen Beck, Jr., ABLE Act of 2014 is amended—
(1) by striking so much as precedes ‘‘made by this section’’
and inserting the following:
‘‘(h) EFFECTIVE DATE.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the amendments’’,
(2) by inserting ‘‘, and statements required to be furnished,’’
after ‘‘returns required to be filed’’, and
(3) by adding at the end the following new paragraph:
‘‘(2) SUBSECTION (c).—The amendment made by subsection
(c) shall apply to returns or claims for refund filed after
December 31, 2014.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in section 208 of the Stephen Beck,
Jr., ABLE Act of 2014.
SEC. 106. AMENDMENT RELATING TO AMERICAN TAXPAYER RELIEF
ACT OF 2012.

(a) AMENDMENT RELATING TO SECTION 104.—Section
6211(b)(4)(A) is amended by striking ‘‘subsection (i)(6)’’ and inserting
‘‘subsection (i)(5)’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect as if included in section 104 of the American
Taxpayer Relief Act of 2012.

H. R. 1625—824
SEC. 107. AMENDMENT RELATING TO UNITED STATES-KOREA FREE
TRADE AGREEMENT IMPLEMENTATION ACT.

(a) AMENDMENT RELATING TO SECTION 501.—Section 501(b)
of the United States-Korea Free Trade Agreement Implementation
Act is amended by striking ‘‘returns required to be filed’’ and
inserting ‘‘documents prepared’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect as if included in section 501 of the United StatesKorea Free Trade Agreement Implementation Act.
SEC. 108. AMENDMENT RELATING TO SAFETEA–LU.

(a) AMENDMENT RELATING TO SECTION 11125.—Section 5681(b)
is amended by striking ‘‘who has paid the special tax (or who
is exempt from payment of such special tax by reason of the provisions of section 5113(a))’’ and inserting ‘‘who meets the requirements
of section 5121(a) and section 5124 (or who is exempt from such
requirements by reason of section 5121(b))’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect as if included in section 11125 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users.
SEC. 109. AMENDMENTS RELATING TO THE AMERICAN JOBS CREATION
ACT OF 2004.

(a) AMENDMENT RELATING TO SECTION 233.—Section
1361(c)(2)(B)(vi) is amended by striking ‘‘a shareholder’’ and
inserting ‘‘the shareholder’’.
(b) AMENDMENT RELATING TO SECTION 319.—Section
501(c)(12)(E) is amended by striking ‘‘means the Federal Energy
Regulatory Commission’’ and all that follows and inserting:
‘‘means—
‘‘(i) the Federal Energy Regulatory Commission,
or
‘‘(ii) in the case of any utility with respect to which
all of the electricity generated, transmitted, or distributed by such utility is generated, transmitted, distributed, and consumed in the same State, the State
agency of such State with the authority to regulate
electric utilities.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in section 319 of the American
Jobs Creation Act of 2004.

TITLE II—TECHNICAL CORRECTIONS
RELATED TO PARTNERSHIP AUDIT
RULES
SEC. 201. SCOPE OF ADJUSTMENTS SUBJECT TO PARTNERSHIP AUDIT
RULES.

(a) IN GENERAL.—Section 6241(2) is amended to read as follows:
‘‘(2) PARTNERSHIP ADJUSTMENT.—
‘‘(A) IN GENERAL.—The term ‘partnership adjustment’
means any adjustment to a partnership-related item.
‘‘(B) PARTNERSHIP-RELATED ITEM.—The term ‘partnership-related item’ means—

H. R. 1625—825
‘‘(i) any item or amount with respect to the partnership (without regard to whether or not such item or
amount appears on the partnership’s return and
including an imputed underpayment and any item or
amount relating to any transaction with, basis in, or
liability of, the partnership) which is relevant (determined without regard to this subchapter) in determining the tax liability of any person under chapter
1, and
‘‘(ii) any partner’s distributive share of any item
or amount described in clause (i).’’.
(b) COORDINATION WITH OTHER CHAPTERS.—
(1) IN GENERAL.—Section 6241 is amended by adding at
the end the following new paragraph:
‘‘(9) COORDINATION WITH OTHER CHAPTERS.—
‘‘(A) IN GENERAL.—This subchapter shall not apply with
respect to any tax imposed (including any amount required
to be deducted or withheld) under chapter 2, 2A, 3, or
4, except that any partnership adjustment determined
under this subchapter for purposes of chapter 1 shall be
taken into account for purposes of determining any such
tax to the extent that such adjustment is relevant to such
determination.
‘‘(B) TIMING OF WITHHOLDING.—In the case of any tax
imposed (including any amount required to be deducted
or withheld) under chapter 3 or 4, which is determined
with respect to an adjustment described in subparagraph
(A), such tax—
‘‘(i) shall be so determined with respect to the
reviewed year, and
‘‘(ii) shall be so imposed (or so required to be
deducted or withheld) with respect to the adjustment
year.
‘‘(C) STATUTE OF LIMITATION ON ASSESSMENT.—For special rule with respect to limitation on assessment of taxes
under chapter 2 or 2A which are attributable to any partnership adjustment, see section 6501(c)(12).’’.
(2) SPECIAL RULE.—Section 6501(c) is amended by adding
at the end the following new paragraph:
‘‘(12) CERTAIN TAXES ATTRIBUTABLE TO PARTNERSHIP
ADJUSTMENTS.—In the case of any partnership adjustment
determined under subchapter C of chapter 63, the period for
assessment of any tax imposed under chapter 2 or 2A which
is attributable to such adjustment shall not expire before the
date that is 1 year after—
‘‘(A) in the case of an adjustment pursuant to the
decision of a court in a proceeding brought under section
6234, such decision becomes final, or
‘‘(B) in any other case, 90 days after the date on
which the notice of the final partnership adjustment is
mailed under section 6231.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 6211(c) is amended to read as follows:
‘‘(c) COORDINATION WITH SUBCHAPTER C.—In determining the
amount of any deficiency for purposes of this subchapter, adjustments to partnership-related items shall be made only as provided
in subchapter C.’’.

H. R. 1625—826
(2) Section 6221(a) is amended to read as follows:
‘‘(a) IN GENERAL.—Any adjustment to a partnership-related
item shall be determined, and any tax attributable thereto shall
be assessed and collected, and the applicability of any penalty,
addition to tax, or additional amount which relates to an adjustment
to any such item shall be determined, at the partnership level,
except to the extent otherwise provided in this subchapter.’’.
(3) Section 6222(a) is amended to read as follows:
‘‘(a) IN GENERAL.—A partner shall, on the partner’s return,
treat any partnership-related item in a manner which is consistent
with the treatment of such item on the partnership return.’’.
(4) Section 6226(a)(2) is amended by striking ‘‘any adjustment to income, gain, loss, deduction, or credit’’ and inserting
‘‘any adjustment to a partnership-related item’’.
(5) Section 6227(a) is amended by striking ‘‘items of income,
gain, loss, deduction, or credit of the partnership’’ and inserting
‘‘partnership-related items’’.
(6) Section 6231(a)(1) is amended by striking ‘‘any item
of income, gain, loss, deduction, or credit of a partnership
for a partnership taxable year’’ and inserting ‘‘any partnershiprelated item for any partnership taxable year’’.
(7) Section 6234(c) is amended by striking ‘‘all items of
income, gain, loss, deduction, or credit of the partnership’’ and
inserting ‘‘all partnership-related items’’.
(8) Section 7485(b) is amended by striking ‘‘partnership
items’’ and inserting ‘‘partnership-related items (as defined in
section 6241)’’.
SEC. 202. DETERMINATION OF IMPUTED UNDERPAYMENTS.

(a) IN GENERAL.—Section 6225(b) is amended to read as follows:
‘‘(b) DETERMINATION OF IMPUTED UNDERPAYMENTS.—For purposes of this subchapter—
‘‘(1) IN GENERAL.—Except as otherwise provided in this
section, any imputed underpayment with respect to any
reviewed year shall be determined by the Secretary by—
‘‘(A) appropriately netting all partnership adjustments
with respect to such reviewed year, and
‘‘(B) applying the highest rate of tax in effect for the
reviewed year under section 1 or 11.
‘‘(2) ADJUSTMENTS TO DISTRIBUTIVE SHARES OF PARTNERS
NOT NETTED.—In the case of any adjustment which reallocates
the distributive share of any item from one partner to another,
such adjustment shall be taken into account by disregarding
so much of such adjustment as results in a decrease in the
amount of the imputed underpayment.
‘‘(3) ADJUSTMENTS SEPARATELY NETTED BY CATEGORY.—For
purposes of paragraph (1)(A), partnership adjustments for any
reviewed year shall first be separately determined (and netted
as appropriate) within each category of items that are required
to be taken into account separately under section 702(a) or
other provision of this title.
‘‘(4) LIMITATION ON ADJUSTMENTS THAT MAY BE TAKEN INTO
ACCOUNT.—If any adjustment would (but for this paragraph)—
‘‘(A) result in a decrease in the amount of the imputed
underpayment, and
‘‘(B) could be subject to any additional limitation under
the provisions of this title (or not allowed, in whole or

H. R. 1625—827
in part, against ordinary income) if such adjustment were
taken into account by any person,
such adjustment shall not be taken into account under paragraph (1)(A) except to the extent otherwise provided by the
Secretary.’’.
(b) MODIFICATIONS OF IMPUTED UNDERPAYMENTS.—
(1) Section 6225(c)(3) is amended by striking ‘‘without
regard to the portion thereof’’ and inserting ‘‘without regard
to the portion of the adjustment’’.
(2) Section 6225(c)(4)(A) is amended by striking ‘‘with
respect to any portion of the imputed underpayment’’ and
inserting ‘‘with respect to any portion of the adjustment’’.
(3) Section 6225(c)(5)(A)(i) is amended by striking ‘‘without
regard to the portion thereof’’ and inserting ‘‘without regard
to the portion of the adjustment’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 6225(a) is amended to read as follows:
‘‘(a) IN GENERAL.—In the case of any adjustments by the Secretary to any partnership-related items with respect to any reviewed
year of a partnership—
‘‘(1) if such adjustments result in an imputed underpayment, the partnership shall pay an amount equal to such
imputed underpayment in the adjustment year as provided
in section 6232, and
‘‘(2) if such adjustments do not result in an imputed underpayment, such adjustments shall be taken into account by
the partnership in the adjustment year.’’.
(2) Section 6225(c) is amended by adding at the end the
following new paragraph:
‘‘(9) MODIFICATION OF ADJUSTMENTS NOT RESULTING IN AN
IMPUTED UNDERPAYMENT.—The Secretary shall establish procedures under which the adjustments described in subsection
(a)(2) may be modified in such manner as the Secretary determines appropriate.’’.
SEC. 203. ALTERNATIVE PROCEDURE TO FILING AMENDED RETURNS
FOR PURPOSES OF MODIFYING IMPUTED UNDERPAYMENT.

(a) IN GENERAL.—Section 6225(c)(2) is amended to read as
follows:
‘‘(2) PROCEDURES FOR PARTNERS TO TAKE ADJUSTMENTS INTO
ACCOUNT.—
‘‘(A) AMENDED RETURNS OF PARTNERS.—Such procedures shall provide that if—
‘‘(i) one or more partners file returns for the taxable year of the partners which includes the end of
the reviewed year of the partnership (and for any
taxable year with respect to which any tax attribute
is affected by reason of any adjustment referred to
in clause (ii)),
‘‘(ii) such returns take into account all adjustments
under subsection (a) properly allocable to such partners
(and the effect of such adjustments on any tax
attributes), and
‘‘(iii) payment of any tax due is included with
such returns,

H. R. 1625—828
then the imputed underpayment amount shall be determined without regard to the portion of the adjustments
so taken into account.
‘‘(B) ALTERNATIVE PROCEDURE TO FILING AMENDED
RETURNS.—Such procedures shall provide that, with respect
to any partner referred to in subparagraph (A), the requirements of subparagraph (A) shall be treated as satisfied
with respect to adjustments properly allocable to such
partner if, in lieu of filing the returns described in such
subparagraph—
‘‘(i) the amounts described in subparagraph (A)(iii)
are paid by the partner,
‘‘(ii) the partner agrees to take into account, in
the form and manner prescribed by the Secretary, the
adjustments to the tax attributes of such partner
referred to in subparagraph (A)(ii), and
‘‘(iii) such partner provides, in the form and
manner specified by the Secretary (including, if the
Secretary so specifies, in the same form as on an
amended return), such information as the Secretary
may require to carry out this subparagraph.
‘‘(C) REALLOCATION OF DISTRIBUTIVE SHARE.—In the
case of any adjustment which reallocates the distributive
share of any item from one partner to another, this paragraph shall apply with respect to any such partner only
if the requirements of subparagraph (A) or (B) are satisfied
with respect to all partners affected by such adjustment.
‘‘(D) APPLICATION OF STATUTE OF LIMITATIONS.—In the
case of adjustments referred to in subparagraph (A)(ii),
sections 6501 and 6511 shall not apply with respect to
any return filed for purposes of subparagraph (A)(i) or
any amount paid under subparagraph (A)(iii) or (B)(i).
‘‘(E) ADJUSTMENTS TO TAX ATTRIBUTES BINDING FOR
AFFECTED TAXABLE YEARS OF PARTNER.—The adjustments
to the tax attributes of any partner provided for in subparagraph (A)(ii) or (B)(ii) shall be binding with respect to
the taxable year of the partner which includes the end
of the reviewed year of the partnership and any taxable
years for which any tax attribute is affected by such adjustment. Any failure to so treat any such tax attribute shall
be treated for purposes of this title in the same manner
as a failure to treat a partnership-related item in a manner
which is consistent with the treatment of such item on
the partnership return within the meaning of section 6222.
‘‘(F) APPLICATION TO PARTNERSHIPS AND S CORPORATIONS IN TIERED STRUCTURES.—
‘‘(i) IN GENERAL.—In the case of any partnership
any partner of which is a partnership, subparagraph
(A) or (B) may apply with respect to any partner (hereafter in this subparagraph referred to as the ‘relevant
partner’) in the chain of ownership of such partnerships
if—
‘‘(I) such information as the Secretary may
require is furnished to the Secretary for purposes
of carrying out this paragraph with respect to such

H. R. 1625—829
partnerships (including any information the Secretary may require with respect to any chain of
ownership of the relevant partner), and
‘‘(II) to such extent as the Secretary may
require, each partnership in the chain of ownership
between the relevant partner and the audited partnership satisfies the requirements of subparagraph
(A) or (B).
‘‘(ii) TREATMENT OF S CORPORATIONS.—For purposes of clause (i), an S corporation and its shareholders shall be treated in the same manner as a
partnership and its partners.’’.
(b) CONFORMING AMENDMENT.—Section 6201(a)(1) is amended
by inserting ‘‘(or payments under section 6225(c)(2)(B)(i))’’ after
‘‘returns or lists’’.
SEC. 204. TREATMENT OF PASSTHROUGH PARTNERS IN TIERED
STRUCTURES.

(a) IN GENERAL.—Section 6226(b) is amended by adding at
the end the following new paragraph:
‘‘(4) TREATMENT OF PARTNERSHIPS AND S CORPORATIONS
IN TIERED STRUCTURES.—
‘‘(A) IN GENERAL.—If a partner which receives a statement under subsection (a)(2) is a partnership or an S
corporation, such partner shall, with respect to the partner’s share of the adjustment—
‘‘(i) file with the Secretary a partnership adjustment tracking report which includes such information
as the Secretary may require, and
‘‘(ii)(I) furnish statements under rules similar to
the rules of subsection (a)(2), or
‘‘(II) if no such statements are furnished, compute
and pay an imputed underpayment under rules similar
to the rules of section 6225 (other than paragraphs
(2), (7), and (9) of subsection (c) thereof).
‘‘(B) DUE DATE.—For purposes of subparagraph (A),
with respect to a partner’s share of the adjustment, the
partnership adjustment tracking report shall be filed, and
the imputed underpayment shall be paid or statements
shall be furnished, not later than the due date for the
return for the adjustment year of the audited partnership.
‘‘(C) PARTNERSHIP PAYMENT OF TAX IF ELECTED OUT
OF SUBCHAPTER.—In the case of a partnership which has
elected the application of section 6221(b) with respect to
the taxable year of the partnership which includes the
end of the reviewed year of the audited partnership, this
paragraph shall apply notwithstanding such election.
‘‘(D) AUDITED PARTNERSHIP.—For purposes of this paragraph, the term ‘audited partnership’ means, with respect
to any partner described in subparagraph (A), the partnership in the chain of ownership originally electing the
application of this section.
‘‘(E) TREATMENT OF TRUSTS.—The Secretary shall prescribe such rules as may be necessary with respect to
trusts which receive a statement under subsection (a)(2).’’.
(b) CONFORMING AMENDMENTS.—

H. R. 1625—830
(1) Section 6226(b)(1) is amended by striking ‘‘Each partner’s’’ and inserting ‘‘Except as provided in paragraph (4), each
partner’s’’.
(2) Section 6226(c)(2) is amended by inserting ‘‘or which
is described in subsection (b)(4)(A)(ii)(I),’’ after ‘‘is elected,’’.
SEC. 205. TREATMENT OF FAILURE OF PARTNERSHIP TO PAY IMPUTED
UNDERPAYMENT.

(a) IN GENERAL.—Section 6232 is amended by adding at the
end the following new subsection:
‘‘(f) FAILURE TO PAY IMPUTED UNDERPAYMENT.—
‘‘(1) IN GENERAL.—If any amount of any imputed underpayment to which section 6225 applies or any specified similar
amount (or any interest or penalties with respect to any such
amount) has not been paid by the date which is 10 days
after the date on which the Secretary provides notice and
demand for such payment—
‘‘(A) section 6621(a)(2)(B) shall be applied by substituting ‘5 percentage points’ for ‘3 percentage points’ with
respect to such amount, and
‘‘(B) the Secretary may assess upon each partner of
the partnership (determined as of the close of the adjustment year or, if the partnership has ceased to exist as
of such time, the former partners of the partnership as
determined for purposes of section 6241(7)) a tax equal
to such partner’s proportionate share of such amount
(including any such interest or penalties, determined after
application of subparagraph (A)).
‘‘(2) SPECIFIED SIMILAR AMOUNT.—For purposes of this subsection, the term ‘specified similar amount’ means—
‘‘(A) the amount described in subclause (II) of section
6226(b)(4)(A)(ii) (including any failure to satisfy the
requirement of subclause (I) of such section which is treated
as a failure to pay such amount under section 6651(i)),
and
‘‘(B) any amount assessed under paragraph (1)(B) upon
a partner which is a partnership.
‘‘(3) PROPORTIONATE SHARE.—For purposes of paragraph
(1), a partner’s proportionate share is such percentage as the
Secretary may determine on the basis of such partner’s distributive share. The Secretary shall make determinations under
the preceding sentence such that the aggregate proportionate
shares so determined total 100 percent.
‘‘(4) COORDINATION WITH PARTNERSHIP LIABILITY.—The
liability of the partnership for any amount with respect to
which a partner is made liable under paragraph (1) shall be
reduced upon payment by the partner of such amount. Paragraph (1)(B) shall not apply with respect to any amount after
the date on which such amount is paid by the partnership.
‘‘(5) S CORPORATIONS.—For purposes of this subsection, an
S corporation and its shareholders shall be treated in the
same manner as a partnership and its partners.
‘‘(6) RULES RELATED TO ASSESSMENT AND COLLECTION.—
‘‘(A) DEFICIENCY PROCEDURES NOT APPLICABLE.—Subchapter B shall not apply to any assessment or collection
under this paragraph.

H. R. 1625—831
‘‘(B) LIMITATION ON ASSESSMENT.—Except as otherwise
provided in this subtitle, no assessment may be made (or
proceeding in court begun without assessment) with respect
to any partner with respect to an amount under paragraph
(1) after the date which is 2 years after the date on which
the Secretary provides the notice and demand referred
to in paragraph (1) with respect to such amount.’’.
(b) CONFORMING AMENDMENT.—Section 6501(c)(4)(A) is
amended by striking ‘‘in this section’’.
SEC. 206. OTHER TECHNICAL CORRECTIONS RELATED TO PARTNERSHIP AUDIT RULES.

(a) LIMITATION ON AMENDMENT OF STATEMENTS FURNISHED
PARTNERS NOT APPLICABLE TO PARTNERSHIPS ELECTING OUT
PARTNERSHIP AUDIT RULES.—Section 6031(b) is amended by
striking the last sentence and inserting the following: ‘‘Information
required to be furnished by the partnership under this subsection
may not be amended after the due date of the return under subsection (a) to which such information relates, except—
‘‘(1) in the case of a partnership which has elected the
application of section 6221(b) for the taxable year,
‘‘(2) as provided in the procedures under section 6225(c),
‘‘(3) with respect to statements under section 6226, or
‘‘(4) as otherwise provided by the Secretary.’’.
(b) ADMINISTRATIVE ADJUSTMENT REQUEST AND PARTNERSHIP
ADJUSTMENT TRACKING REPORT NOT TREATED AS AMENDED RETURN
FOR PURPOSES OF MODIFICATION OF IMPUTED UNDERPAYMENTS.—
Section 6225(c)(2), as amended by the preceding provisions of this
Act, is amended by adding at the end the following new subparagraph:
‘‘(F) ADJUSTMENTS NOT TREATED AS AMENDED
RETURN.—An administrative adjustment request under section 6227 and a partnership adjustment tracking report
under section 6226(b)(4)(A) shall not be treated as a return
for purposes of this paragraph.’’.
(c) AUTHORITY TO REQUIRE E-FILING OF MATERIALS IN CONNECTION WITH MODIFICATION OF IMPUTED UNDERPAYMENTS, ETC.—Section 6241, as amended by the preceding provisions of this Act,
is amended by adding at the end the following new paragraph:
‘‘(10) AUTHORITY TO REQUIRE ELECTRONIC FILING.—Notwithstanding section 6011(e), the Secretary may require that anything required to be filed or submitted under section 6225(c),
or to be furnished to or filed with the Secretary under section
6226, be so filed, submitted, or furnished by magnetic media
or in other machine-readable form.’’.
(d) CLARIFICATION OF ASSESSMENT AUTHORITY.—Section 6226(a)
is amended by inserting ‘‘(and no assessment of tax, levy, or proceeding in any court for the collection of such underpayment shall
be made against such partnership)’’ after ‘‘section 6225 shall not
apply with respect to such underpayment’’.
(e) TREATMENT OF PARTNERSHIP ADJUSTMENTS THAT RESULT
IN DECREASE IN TAX IN CASE OF ELECTION TO PUSH OUT ADJUSTMENTS.—Section 6226(b) is amended—
(1) by striking ‘‘increased’’ in paragraph (1) and inserting
‘‘adjusted’’,
(2) by striking ‘‘adjustment amounts’’ each place it appears
in paragraphs (1) and (2) and inserting ‘‘correction amounts’’,
TO
OF

H. R. 1625—832
(3) by striking ‘‘increase’’ each place it appears in subparagraphs (A) and (B) of paragraph (2) and inserting ‘‘increase
or decrease’’,
(4) by striking ‘‘plus’’ at the end of paragraph (2)(A) and
inserting ‘‘and’’, and
(5) by striking ‘‘ADJUSTMENT AMOUNTS’’ in the heading
of paragraph (2) and inserting ‘‘CORRECTION AMOUNTS’’.
(f) COORDINATION OF STATUTE OF LIMITATION ON FILING
ADMINISTRATION ADJUSTMENT REQUEST WITH ADJUSTMENTS
RELATED TO FOREIGN TAX CREDITS.—Section 6227 is amended by
adding at the end the following new subsection:
‘‘(d) COORDINATION WITH ADJUSTMENTS RELATED TO FOREIGN
TAX CREDITS.—The Secretary shall issue regulations or other guidance which provide for the proper coordination of this section and
section 905(c).’’.
(g) CLARIFICATION OF ASSESSMENT OF IMPUTED UNDERPAYMENTS.—
(1) IN GENERAL.—Section 6232(a) is amended by striking
‘‘except that in the case of’’ and all that follows and inserting
the following: ‘‘except that—
‘‘(1) subchapter B of chapter 63 shall not apply, and
‘‘(2) in the case of an administrative adjustment request
to which section 6227(b)(1) applies, the underpayment shall
be paid and may be assessed when the request is filed.’’.
(2) CONFORMING AMENDMENT.—Section 6232(b) is
amended—
(A) by striking ‘‘assessment of a deficiency’’ and
inserting ‘‘assessment of an imputed underpayment’’, and
(B) by adding at the end the following new flush
matter:
‘‘The preceding sentence shall not apply in the case of a specified
similar amount (as defined in subsection (f)(2)).’’.
(h) TIME LIMITATION FOR NOTICE OF PROPOSED ADJUSTMENT.—
(1) IN GENERAL.—Section 6231 is amended by redesignating
subsections (b) and (c) as subsections (c) and (d), respectively,
and by inserting after subsection (a) the following new subsection:
‘‘(b) TIMING OF NOTICES.—
‘‘(1) NOTICE OF PROPOSED PARTNERSHIP ADJUSTMENT.—Any
notice of a proposed partnership adjustment shall not be mailed
later than the date determined under section 6235 (determined
without regard to paragraphs (2) and (3) of subsection (a)
thereof).
‘‘(2) NOTICE OF FINAL PARTNERSHIP ADJUSTMENT.—
‘‘(A) IN GENERAL.—Except to the extent that the partnership elects to waive the application of this subparagraph, any notice of a final partnership adjustment shall
not be mailed earlier than 270 days after the date on
which the notice of the proposed partnership adjustment
is mailed.
‘‘(B) STATUTE OF LIMITATIONS ON ADJUSTMENT.—For
the period of limitations on making adjustments, see section
6235.’’.
(2) CONFORMING AMENDMENT.—Section 6231(a) is amended
by striking ‘‘Any notice of a final partnership adjustment’’ and
all that follows through ‘‘Such notices’’ and inserting ‘‘Any
notice of a final partnership adjustment’’.

H. R. 1625—833
(i) DEPOSIT TO SUSPEND INTEREST
PAYMENT.—Section 6233 is amended by

ON IMPUTED UNDERadding at the end the

following new subsection:
‘‘(c) DEPOSIT TO SUSPEND INTEREST.—For rules allowing
deposits to suspend running of interest on potential underpayments,
see section 6603.’’.
(j) DEPOSIT TO MEET JURISDICTIONAL REQUIREMENT.—The first
sentence of section 6234(b) is amended by striking ‘‘the amount
of the imputed underpayment (as of the date of the filing of the
petition)’’ and inserting ‘‘the amount of (as of the date of the
filing of the petition) the imputed underpayment, penalties, additions to tax, and additional amounts with respect to such imputed
underpayment’’.
(k) CORRECTIONS RELATED TO PERIOD OF LIMITATION ON
MAKING ADJUSTMENTS.—
(1) Section 6235(a) is amended—
(A) by inserting ‘‘or section 905(c)’’ after ‘‘Except as
otherwise provided in this section’’, and
(B) by striking ‘‘subpart’’ and inserting ‘‘subchapter’’.
(2) Section 6235(a)(3) is amended by striking ‘‘section
6225(c)(7)’’ and inserting ‘‘section 6225(c)(7))’’.
(3) Section 6235(c)(2) is amended by striking ‘‘section
6501(e)(1)(A)’’ and inserting ‘‘subparagraph (A) or (C) of section
6501(e)(1)’’.
(4) Section 6235(c) is amended by adding at the end the
following new subparagraphs:
‘‘(5) INFORMATION REQUIRED TO BE REPORTED.—In the case
of a partnership that is required to report any information
described in section 6501(c)(8), the time for making any adjustment under this subchapter with respect to any tax return,
event, or period to which such information relates shall not
expire before the date that is determined under section
6501(c)(8).
‘‘(6) LISTED TRANSACTIONS.—If a partnership fails to include
on any return or statement any information with respect to
a listed transaction as described in section 6501(c)(10), the
time for making any adjustment under this subchapter with
respect to such transaction shall not expire before the date
that is determined under section 6501(c)(10).’’.
(5) Section 6235 is amended by striking subsection (d).
(l) TREATMENT OF SPECIAL ENFORCEMENT MATTERS.—Section
6241, as amended by the preceding provisions of this Act, is
amended by adding at the end the following new paragraph:
‘‘(11) TREATMENT OF SPECIAL ENFORCEMENT MATTERS.—
‘‘(A) IN GENERAL.—In the case of partnership-related
items which involve special enforcement matters, the Secretary may prescribe regulations pursuant to which—
‘‘(i) this subchapter (or any portion thereof) does
not apply to such items, and
‘‘(ii) such items are subject to such special rules
(including rules related to assessment and collection)
as the Secretary determines to be necessary for the
effective and efficient enforcement of this title.
‘‘(B) SPECIAL ENFORCEMENT MATTERS.—For purposes
of subparagraph (A), the term ‘special enforcement matters’
means—

H. R. 1625—834
‘‘(i) failure to comply with the requirements of
section 6226(b)(4)(A)(ii),
‘‘(ii) assessments under section 6851 (relating to
termination assessments of income tax) or section 6861
(relating to jeopardy assessments of income, estate,
gift, and certain excise taxes),
‘‘(iii) criminal investigations,
‘‘(iv) indirect methods of proof of income,
‘‘(v) foreign partners or partnerships, and
‘‘(vi) other matters that the Secretary determines
by regulation present special enforcement considerations.’’.
(m) UNITED STATES SHAREHOLDERS AND CERTAIN OTHER PERSONS TREATED AS PARTNERS.—Section 6241, as amended by the
preceding provisions of this Act, is amended by adding at the
end the following new paragraph:
‘‘(12) UNITED STATES SHAREHOLDERS AND CERTAIN OTHER
PERSONS TREATED AS PARTNERS.—
‘‘(A) IN GENERAL.—Except as otherwise provided by
the Secretary, in the case of any controlled foreign corporation (as defined in section 957 or 953(c)(1)) which is a
partner of a partnership, each United States shareholder
(as defined in section 951(b) or 953(c)(1)) with respect to
such controlled foreign corporation shall be treated for
purposes of this subchapter as a partner of such partnership. For purposes of the preceding sentence, any distributive share of any such United States shareholder with
respect to such partnership shall, except as otherwise provided by the Secretary, be equal to such United States
shareholder’s pro rata share with respect to such controlled
foreign corporation (determined under rules similar to the
rules of section 951(a)(2)).
‘‘(B) PASSIVE FOREIGN INVESTMENT COMPANIES.—For
purposes of subparagraph (A), in the case of a passive
foreign investment company (as defined in section 1297),
each taxpayer that makes an election under section 1295
with respect to such company shall be treated in the same
manner as United States shareholders under subparagraph
(A), except that such taxpayer’s pro rata share with respect
to the passive foreign investment company shall be determined under rules similar to the rules of section 1293(b).
‘‘(C) REGULATIONS OR OTHER GUIDANCE.—The Secretary
shall issue such regulations or other guidance as is necessary or appropriate to carry out the purposes of this
paragraph, including regulations which apply the rules
of subparagraph (A) in similar circumstances or with
respect to similarly situated persons.’’.
(n) PENALTIES RELATED TO ADMINISTRATIVE ADJUSTMENT
REQUESTS AND PARTNERSHIP ADJUSTMENT TRACKING REPORTS.—
(1) FAILURE TO PAY.—Section 6651 is amended by redesignating subsection (i) as subsection (j) and by inserting after
subsection (h) the following new subsection:
‘‘(i) APPLICATION TO IMPUTED UNDERPAYMENT.—For purposes
of this section, any failure to comply with section 6226(b)(4)(A)(ii)
shall be treated as a failure to pay the amount described in subclause (II) thereof and such amount shall be treated for purposes

H. R. 1625—835
of this section as an amount shown as tax on a return specified
in subsection (a)(1).’’.
(2) FAILURE TO FILE PARTNERSHIP ADJUSTMENT TRACKING
REPORT.—Section 6698(a) is amended—
(A) in the matter preceding paragraph (1) by inserting
‘‘, or a partnership adjustment tracking report under section 6226(b)(4)(A),’’ after ‘‘under section 6031’’,
(B) in paragraph (1) by inserting ‘‘, or such report,’’
after ‘‘such return’’, and
(C) in paragraph (2)—
(i) by inserting ‘‘or a report’’ after ‘‘a return’’, and
(ii) by inserting ‘‘or 6226(b)(4)(A), respectively’’
before the comma at the end.
(3) TAX RETURN PREPARER RELATED PENALTIES.—Section
6696(e)(1) is amended by inserting ‘‘, any administrative adjustment request under section 6227, and any partnership adjustment tracking report under section 6226(b)(4)(A)’’ before the
period at the end.
(4) FRIVOLOUS TAX SUBMISSIONS.—Section 6702 is amended
by adding at the end the following new subsection:
‘‘(f) PARTNERSHIP ADJUSTMENTS.—An administrative adjustment request under section 6227 and a partnership adjustment
tracking report under section 6226(b)(4)(A) shall be treated as a
return for purposes of this section.’’.
(o) ADJUSTED SCHEDULE K–1 TREATED AS PAYEE STATEMENT.—
Section 6724(d)(2) is amended by striking ‘‘or’’ at the end of subparagraph (HH), by striking the period at the end of subparagraph
(II) and inserting ‘‘, or’’, and by inserting after subparagraph (II)
the following new subparagraph:
‘‘(JJ) section 6226(a)(2) (relating to statements relating
to alternative to payment of imputed underpayment by
partnership) or under any other provision of this title which
provides for the application of rules similar to such section.’’.
(p) OTHER CLERICAL CORRECTIONS.—
(1) Section 6225(c)(7) is amended by striking ‘‘submitted
pursuant to paragraph (1)’’ and inserting ‘‘filed or submitted
under this subsection’’.
(2) Section 6227(b) is amended by striking ‘‘is made’’ both
places it appears and inserting ‘‘is filed’’.
(3) Section 6227(b)(1) is amended by striking ‘‘paragraphs
(2), (6), and (7)’’ and inserting ‘‘paragraphs (2), (7), and (9)’’.
(4) Section 6232(b) is amended by striking ‘‘this chapter’’
and inserting ‘‘this subtitle (other than subchapter B of this
chapter)’’.
(5) Section 6232(d)(1)(A) is amended by striking ‘‘a item’’
and inserting ‘‘an item’’.
(6) Section 6232(e) is amended by striking ‘‘thereof’’.
(7) Section 6241(5) is amended by striking ‘‘sections 6234’’
and inserting ‘‘section 6234’’.
(8) Section 7485(b) is amended by striking ‘‘a partner’’
and inserting ‘‘the partnership’’.
(9) The heading of the first part of subchapter C of chapter
63 is amended to read as follows:

H. R. 1625—836

‘‘PART I—IN GENERAL’’.
(10) The heading of the second part of subchapter C of
chapter 63 is amended to read as follows:

‘‘PART II—PARTNERSHIP ADJUSTMENTS’’.
(11) The heading of the third part of subchapter C of
chapter 63 is amended to read as follows:

‘‘PART III—PROCEDURE’’.
(12) The heading of the fourth part of subchapter C of
chapter 63 is amended to read as follows:

‘‘PART IV—DEFINITIONS AND SPECIAL RULES’’.
SEC. 207. EFFECTIVE DATE.

The amendments made by this title shall take effect as if
included in section 1101 of the Bipartisan Budget Act of 2015.

TITLE III—OTHER CORRECTIONS
SEC. 301. AMENDMENTS RELATING TO THE BIPARTISAN BUDGET ACT
OF 2015.

(a) AMENDMENTS RELATING TO SECTION 1101.—
(1) Section 6011(e) is amended by adding at the end the
following new paragraph:
‘‘(5) SPECIAL RULES FOR PARTNERSHIPS.—
‘‘(A) PARTNERSHIPS PERMITTED TO BE REQUIRED TO FILE
ON MAGNETIC MEDIA.—In the case of a partnership, paragraph (2)(A) shall be applied by substituting for ‘250’ the
following amount:
‘‘(i) In the case of returns and statements relating
to calendar year 2018, ‘200’.
‘‘(ii) In the case of returns and statements relating
to calendar year 2019, ‘150’.
‘‘(iii) In the case of returns and statements relating
to calendar year 2020, ‘100’.
‘‘(iv) In the case of returns and statements relating
to calendar year 2021, ‘50’.
‘‘(v) In the case of returns and statements relating
to calendar years after 2021, ‘20’.
‘‘(B) PARTNERSHIPS REQUIRED TO FILE ON MAGNETIC
MEDIA.—Notwithstanding subparagraph (A) and paragraph
(2)(A), the Secretary shall require partnerships having
more than 100 partners to file returns on magnetic media.’’.
(2) Section 6011(e)(2) is amended by striking the last sentence.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in section 1101 of the Bipartisan
Budget Act of 2015.
SEC. 302. AMENDMENTS RELATING TO THE ENERGY POLICY ACT OF
2005.

(a) AMENDMENTS RELATING TO SECTION 1253.—

H. R. 1625—837
(1) Subclause (II) of section 168(e)(3)(B)(vi) is amended
by striking ‘‘is a qualifying small power production facility’’
and all that follows and inserting ‘‘has a power production
capacity of not greater than 80 megawatts, or’’.
(2) The last sentence of section 168(e)(3)(B) is amended
by striking ‘‘clause (vi)(I)’’ and all that follows and inserting
‘‘subclause (I) or (II) of clause (vi) by reason of being public
utility property.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to property placed in service after the date of the
enactment of this Act.

TITLE IV—CLERICAL CORRECTIONS
AND DEADWOOD
SEC. 401. CLERICAL CORRECTIONS AND DEADWOOD-RELATED PROVISIONS.

(a) CLERICAL CORRECTIONS.—
(1) The table of subchapters for chapter 1 is amended
by moving the item relating to subchapter R before the item
relating to subchapter S.
(2)(A) Sections 22(c)(3)(A)(i)(III), 104(b)(2)(D), 140(a)(3), and
149(b)(3)(A)(i) are each amended by striking ‘‘Veterans’
Administration’’ and inserting ‘‘Department of Veterans
Affairs’’.
(B) The heading of section 4980H(c)(2)(F) is amended by
striking ‘‘VETERANS ADMINISTRATION’’ and inserting ‘‘DEPARTMENT OF VETERANS AFFAIRS’’.
(C) Section 6050H(h)(3)(B)(i) is amended by striking ‘‘Veterans Administration’’ and inserting ‘‘Department of Veterans
Affairs’’.
(3) Section 24(d) is amended by redesignating paragraph
(5) as paragraph (3).
(4) Section 25C(b)(2) is amended by striking ‘‘subsection
(c)(2)(B)’’ and inserting ‘‘subsection (c)(3)(B)’’.
(5) Section 25C(d)(3) is amended—
(A) by striking the period at the end of subparagraph
(B) and inserting a comma, and
(B) by striking the period at the end of subparagraph
(D) and inserting ‘‘, and’’.
(6) Section 25C(g)(2) is amended by striking ‘‘2017..’’ and
inserting ‘‘2017.’’.
(7) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended—
(A) by striking the item relating to section 41 which
relates to the employee stock ownership credit, and
(B) by moving the item relating to section 45K after
the item relating to section 45J.
(8) Section 38(b)(34) is amended by adding a comma at
the end.
(9) The heading of section 40(g)(2) is amended by striking
‘‘AGGREGRATION’’ and inserting ‘‘AGGREGATION’’.
(10) The heading of section 42(e)(2)(B) is amended by
striking ‘‘ETC,’’ and inserting ‘‘ETC.,’’.

H. R. 1625—838
(11)(A) Section 42(d)(4)(C)(i) is amended by striking ‘‘as
defined in paragraph (5)(C)’’ and inserting ‘‘as defined in paragraph (5)(B)(ii)’’.
(B) Section 42(f)(5)(B)(ii)(I) is amended by striking
‘‘(d)(6)(C)’’ and inserting ‘‘(d)(6)(B)’’.
(C) Section 42(k)(2)(B) is amended—
(i) by striking ‘‘(d)(6)(B)’’ and inserting ‘‘(d)(6)(C)’’, and
(ii) by striking ‘‘building..’’ in clause (ii) and inserting
‘‘building.’’.
(D) Section 42(m)(1)(B)(ii)(III) is amended by striking ‘‘as
defined in subsection (d)(5)(C)’’ and inserting ‘‘as defined in
subsection (d)(5)(B)(ii)’’.
(12) Section 42(h)(5)(C)(ii) is amended by striking ‘‘; and’’
and inserting ‘‘, and’’.
(13) Section 42(i)(3)(D)(ii)(I) is amended by striking the
period at the end.
(14) Section 45(c)(6) is amended by striking ‘‘section 2(27)’’
and inserting ‘‘section 1004(27)’’.
(15) Section 45(c)(7)(A)(i)(II) is amended by striking ‘‘for
purpose’’ and inserting ‘‘for the purpose’’.
(16) Section 45(c)(7)(A)(i)(III) is amended by striking the
period at the end and inserting ‘‘, or’’.
(17) Section 45C(b)(2)(A)(ii)(II) is amended by striking ‘‘;
and’’ and inserting ‘‘, and’’.
(18) Section 45D(f)(1)(F) is amended by adding ‘‘, and’’
at the end.
(19) Section 45H(d) is amended by striking ‘‘purposes this’’
and inserting ‘‘purposes of this’’.
(20) Section 48(a)(1) is amended by striking ‘‘(3)(B), and
(4)(B)’’ and inserting ‘‘and (3)(B)’’.
(21) Section 48(a)(6)(B) is amended by striking ‘‘property
energy property’’ and inserting ‘‘energy property’’.
(22) Section 48(c)(2)(B) is amended by striking ‘‘equal $200’’
and inserting ‘‘equal to $200’’.
(23) Section 48(d)(3) is amended—
(A) by striking ‘‘shall’’ in the matter that precedes
subparagraph (A), and
(B) by inserting ‘‘shall’’ before ‘‘not’’ in subparagraph
(A).
(24) Section 49(a)(1)(D)(iii) is amended by striking ‘‘shareholder’’ in the last sentence and inserting ‘‘shareholder’’.
(25) Section 50(b)(2)(A) is amended by striking the period
at the end and inserting a semicolon.
(26) Section 51(c)(4) is amended by adding a period at
the end.
(27) Section 51(d)(3)(A)(ii)(II) is amended by adding a
comma at the end.
(28) Section 51(d)(8) is amended by striking ‘‘FOOD STAMP
RECIPIENT’’ in the heading thereof and inserting ‘‘SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM BENEFITS RECIPIENT’’.
(29) Section 51(i)(1)(A) is amended by striking ‘‘entity,’’
and inserting ‘‘entity’’.
(30) Section 58(a)(2)(A) is amended by striking ‘‘461(j)’’
and inserting ‘‘461(k)’’.
(31) Section 62(a)(20) is amended by inserting a comma
after ‘‘United States Code’’.

H. R. 1625—839
(32) Section 62(e)(1) is amended by striking ‘‘(2 U.S.C.
1202)’’ and inserting ‘‘(42 U.S.C. 2000e–16b)’’.
(33) Section 68(b)(2) is amended by striking ‘‘shall be shall
be’’ and inserting ‘‘shall be’’.
(34) The heading of section 82 is amended by striking
‘‘for expenses of moving’’ and inserting ‘‘of moving expenses’’.
(35) The heading of section 84 is amended by striking
‘‘political organization’’ and inserting ‘‘political organizations’’.
(36) Section 105(h)(7)(B) is amended by striking ‘‘subparagraph (A)’’ and inserting ‘‘subparagraph (A))’’.
(37) Section 125(e)(2) is amended by striking ‘‘subparagraphs’’ and inserting ‘‘subparagraph’’.
(38) Section 132(c)(4) is amended by striking ‘‘peforming’’
and inserting ‘‘performing’’.
(39) Section 134(b)(6) is amended by striking ‘‘an combat’’
and inserting ‘‘a combat’’.
(40) Section 137(c) is amended by striking ‘‘section 514’’
in the second sentence and inserting ‘‘section 541’’.
(41) Section 139(c)(2) is amended by striking ‘‘federally’’
and inserting ‘‘a federally’’.
(42) Section 139E(c)(1) is amended by striking ‘‘(43 U.S.C.
1601, et seq.)’’ and inserting ‘‘(43 U.S.C. 1601 et seq.)’’.
(43) Section 139E(c)(3) is amended by striking ‘‘2013’’ and
inserting ‘‘2014’’.
(44) Section 3(a) of the Tribal General Welfare Exclusion
Act of 2014 is amended by striking ‘‘subsection’’ and inserting
‘‘section’’.
(45) Section 4(c) of such Act is amended by striking ‘‘subsection’’ and inserting ‘‘section’’.
(46) The item relating to section 143 in the table of sections
for subpart A of part IV of subchapter B of chapter 1 is
amended to read as follows:
‘‘Sec. 143. Mortgage revenue bonds; qualified mortgage bond and qualified veterans’
mortgage bond.’’.

(47) Section 142(d)(2)(C) is amended by inserting ‘‘section’’
before ‘‘42(i)(3)(D)’’.
(48) Section 163(e)(5)(C)(ii) is amended by inserting ‘‘in’’
before ‘‘subsection (i)(1)(B)’’.
(49) Section 168(d)(3)(B)(i) is amended by inserting a
comma after ‘‘real property’’.
(50) Section 168(e)(3)(C)(i) is amended by striking ‘‘and’’.
(51) Section 169(d)(5)(B) is amended by inserting ‘‘a’’ before
‘‘facility’’.
(52) Section 170(b)(1)(A)(ix) is amended by inserting
‘‘National’’ before ‘‘Agricultural’’.
(53) Section 172(d)(5) is amended by striking ‘‘section 243’’
and inserting ‘‘sections 243’’.
(54) Section 179D(d)(1)(B) is amended by striking ‘‘which’’
and inserting ‘‘such that’’.
(55) Section 219(f)(1) is amended by striking ‘‘term compensation includes’’ in the last sentence and inserting ‘‘term
‘compensation’ includes’’.
(56) Section 219(g)(8) is amended by striking ‘‘shall each
be’’ and inserting ‘‘shall be’’.
(57) Section 223(c)(2)(C) is amended by striking ‘‘section
1871’’ and inserting ‘‘section 1861’’.

H. R. 1625—840
(58) Section 223(d)(2)(A) is amended by striking ‘‘section
213(d)’’ and inserting ‘‘section 213(d))’’.
(59) The item relating to section 280H in the table of
sections for part IX of subchapter B of chapter 1 is amended
to read as follows:
‘‘Sec. 280H. Limitation on certain amounts paid to employee-owners by personal
service corporations electing alternative taxable years.’’.

(60) Subparagraphs (F) and (G) of section 263(a)(1) are
each amended by striking the semicolon at the end and
inserting a comma.
(61) Section 263(a)(1) is amended by redesignating subparagraphs (I) through (L) as subparagraphs (H) through (K),
respectively.
(62) Section 280C(a) is amended by striking ‘‘and 1396(a),’’
and inserting ‘‘1396(a),’’.
(63) The heading of section 331 is amended by striking
‘‘shareholders’’ and inserting ‘‘shareholder’’.
(64) Section 338(h)(3)(A)(iii) is amended by striking
‘‘paragaraph’’ and inserting ‘‘paragraph’’.
(65) The second sentence of section 355(h)(2)(B) is amended
by striking ‘‘of assets’’.
(66) The heading of subpart C of part III of subchapter
C of chapter 1 is amended by striking ‘‘Corporation’’ and
inserting ‘‘Corporations’’.
(67) Section 362(a) is amended by striking the comma
after ‘‘acquired’’.
(68) Section 368(a)(2)(F)(vii) is amended by striking ‘‘(15
U.S.C. 80a-2(36))’’ and inserting ‘‘(15 U.S.C. 80a–2(a)(36))’’.
(69) Section 401(a)(2) is amended by striking ‘‘determination).;’’ and inserting ‘‘determination));’’.
(70) Section 401(a)(15) is amended by striking ‘‘a trust’’
and inserting ‘‘A trust’’.
(71) Section 401(a)(32)(A) is amended by striking ‘‘section
section’’ both places it appears and inserting ‘‘section’’.
(72) Section 401(c)(2)(A)(iii) is amended by striking ‘‘sections 3121(d)(3)(A), (C), or (D), without regard to paragraph
(2) of section 1402(c)’’ and inserting ‘‘subparagraph (A), (C),
or (D) of section 3121(d)(3), without regard to section
1402(c)(2)’’.
(73) Section 402(i) is amended by striking ‘‘subparagraph
(A) of subsection (d)(4)’’ and inserting ‘‘subsection (e)(4)(D)(i)’’.
(74) Section 404A(c)(4)(B) is amended by striking ‘‘and’’
at the end.
(75) Section 408(a)(1) is amended by inserting ‘‘or’’ after
‘‘subsection (d)(3)’’.
(76) Section 408(m)(3)(B) is amended by striking ‘‘section
7’’ and inserting ‘‘section 5’’.
(77) Section 408A(d)(3)(B) is amended by adding a period
at the end.
(78) Section 408A(e)(2)(B) is amended by striking ‘‘the
subparagraph (A)’’ and inserting ‘‘subparagraph (A)’’.
(79) Section 409(n)(1)(A)(i) is amended by striking ‘‘securities,,,’’ and inserting ‘‘securities,’’.
(80) Section 409A(b)(3)(B)(i) is amended by striking the
semicolon at the end and inserting a comma.

H. R. 1625—841
(81) The item relating to section 413 in the table of sections
for subpart B of part I of subchapter D of chapter 1 is amended
to read as follows:
‘‘Sec. 413. Collectively bargained plans, etc.’’.

(82) Section 411(a)(4)(A) is amended by striking the comma
at the end and inserting a semicolon.
(83) Section 412(c)(1)(A) is amended by adding a period
at the end.
(84) Section 412(c)(4)(B) is amended by inserting ‘‘section’’
before ‘‘433(d)’’.
(85) Section 412(c)(7)(B)(iii) is amended by striking the
comma after ‘‘subchapter D’’.
(86) Section 413(b)(6) is amended by striking ‘‘and the
last sentence of section 4971(a)’’ in the last sentence and
inserting ‘‘and section 4971(e)’’.
(87) Section 414(l)(2)(G) is amended by striking ‘‘BANKS’’
in the heading thereof and inserting ‘‘DEPOSITORY INSTITUTIONS’’.
(88) Section 414(u)(6) is amended by striking ‘‘section
457(b))’’ and inserting ‘‘section 457(b)))’’.
(89) Section 414(x)(1) is amended by striking ‘‘are’’ and
inserting ‘‘is’’.
(90) Section 414(y)(1)(C)(i) is amended by striking ‘‘of such
Code’’.
(91) Section 414(y)(2) is amended by striking ‘‘subparagraph’’ and inserting ‘‘subparagraphs’’.
(92) Section 418E is amended by striking ‘‘subsection
432(b)(2)’’ each place it appears and inserting ‘‘section
432(b)(2)’’.
(93) Section 418E(d)(1), as amended by the preceding paragraph, is amended—
(A) by striking ‘‘section 432(b)(2),,’’ and inserting ‘‘section 432(b)(2),’’,
(B) by striking ‘‘section 432(b)(2),)’’ and inserting ‘‘section 432(b)(2))’’, and
(C) by striking ‘‘compare the value of plan assets’’
and all that follows through ‘‘for that plan year with’’
and inserting ‘‘compare the value of plan assets for that
plan year with’’.
(94) Section 418E(e)(1)(A) is amended to read as follows:
‘‘(A) notify the Secretary and the parties described
in section 101(f)(1) of the Employee Retirement Income
Security Act of 1974 of that determination, and’’.
(95) The table of subparts for part I of subchapter D of
chapter 1 is amended by striking the item relating to subpart
C and inserting the following:
‘‘SUBPART C—INSOLVENT

PLANS’’.

(96) Section 419A(c)(6)(B) is amended by striking ‘‘(42
U.S.C. 300gg-91(d)(3))’’ and inserting ‘‘(42 U.S.C. 300gg–
91(d)(3)))’’.
(97) Section 420(c)(1)(A) is amended by striking ‘‘subsection
(e)(1)(D)’’ and inserting ‘‘subsection (e)(1)(E)’’.
(98) Section 424(g) is amended by striking ‘‘section
422(a)(2)’’ and inserting ‘‘sections 422(a)(2)’’.

H. R. 1625—842
(99) Section 430(c)(7)(E)(v)(II) is amended by inserting ‘‘the’’
after ‘‘title I of’’.
(100) Section 430(h)(2)(F) is amended by striking ‘‘section
417(e)(3)(D)(i)’’ and inserting ‘‘section 417(e)(3)(D)’’.
(101) Section 431(d)(2)(B)(i) is amended by striking ‘‘this
Act’’ and inserting ‘‘the Pension Protection Act of 2006’’.
(102) Section 432(b)(3)(A)(i) is amended by striking ‘‘in
endangered status for such plan year’’ and all that follows
through ‘‘, whether or not’’ and inserting the following: ‘‘in
endangered status for such plan year, or would be in endangered status for such plan year but for paragraph (5), whether
or not’’.
(103) Section 432(b)(3)(B) is amended by redesignating the
clause (iv) relating to projections of critical and declining status
as clause (v).
(104) Section 432(b)(3)(D)(iv) is amended by inserting a
comma after ‘‘Labor’’.
(105) Section 432(e)(8)(C)(iii) is amended by striking ‘‘the
Secretary shall’’ and inserting ‘‘The Secretary shall’’.
(106) So much of the text of section 432(f)(3) as precedes
subparagraph (A) is amended to read as follows: ‘‘During the
period beginning on the date of the certification under subsection (b)(3)(A) for the initial critical year and ending on
the date of the adoption of a rehabilitation plan—’’.
(107) Section 432(g)(1) is amended by striking ‘‘subsection
(e)(9))’’ and inserting ‘‘subsection (e)(9)’’.
(108) Section 433(c)(5)(C)(ii)(II) is amended by inserting
‘‘of such Act’’ after ‘‘title IV’’.
(109)(A) The heading for section 433 is amended by
inserting ‘‘for csec plans’’ after ‘‘funding standards’’.
(B) The table of sections for subpart A of part III of subchapter D of chapter 1 is amended by adding at the end
the following new item:
‘‘Sec. 433. Minimum funding standards for CSEC plans.’’.

(110) The item relating to section 436 in the table of
sections for subpart B of part III of subchapter D of chapter
1 is amended to read as follows:
‘‘Sec. 436. Funding-based limits on benefits and benefit accruals under single-employer plans.’’.

(111) The heading of section 453B is amended by striking
‘‘loss disposition’’ and inserting ‘‘loss on disposition’’.
(112) Section 457(f)(4)(C)(i) is amended—
(A) by striking ‘‘section 9101’’ and inserting ‘‘section
8101’’, and
(B) by striking ‘‘7801),’’ and inserting ‘‘7801)),’’.
(113) Section 457A(d)(4) is amended—
(A) by striking ‘‘case a foreign’’ and inserting ‘‘case
of a foreign’’, and
(B) by striking ‘‘had been’’ and inserting ‘‘been’’.
(114) Section 458(b)(9) is amended by striking ‘‘REPURCHASED’’ in the heading thereof and inserting ‘‘REPURCHASE’’.
(115) Section 458(c)(1) is amended by striking ‘‘regulations
prescribed’’ and inserting ‘‘regulations prescribe’’.
(116) Section 460(b)(2)(A) is amended by inserting a comma
after ‘‘first’’.

H. R. 1625—843
(117)(A) Section 461 is amended by redesignating the
second subsection (j) (relating to farming syndicate defined)
as subsection (k).
(B) Section 461(i)(4) is amended by striking ‘‘subsection
(j)’’ and inserting ‘‘subsection (k)’’.
(118) The heading of section 464 is amended by inserting
‘‘expenses’’ after ‘‘farming’’.
(119) Section 464(d)(2)(B)(iii) is amended by striking ‘‘subsection (c)(2)(E)’’ and inserting ‘‘section 461(k)(2)(E)’’.
(120) Section 470(d)(2)(B) is amended by striking ‘‘clause
(ii)’’ and inserting ‘‘subparagraph (A)(ii)’’.
(121) The item relating to part VIII in the table of parts
for subchapter F of chapter 1 is amended to read as follows:
‘‘PART VIII. CERTAIN SAVINGS ENTITIES’’.

(122) Section 501(c)(14)(B)(iv) is amended by adding a
period at the end.
(123) Section 501(c)(19)(B) is amended by striking
‘‘widows,,’’ and inserting ‘‘widows,’’.
(124) Section 501(f)(3)(B) is amended by striking ‘‘section
115(a)’’ and inserting ‘‘section 115’’.
(125) The item relating to section 511 in the table of
sections for part III of subchapter F of chapter 1 is amended
to read as follows:
‘‘Sec. 511. Imposition of tax on unrelated business income of charitable, etc., organizations.’’.

(126) Section 512(b)(19)(H)(iii) is amended by striking
‘‘clause (i)(II)’’ and inserting ‘‘clause (i)’’.
(127) Section 529(c)(6) is amended by striking ‘‘an
Coverdell’’ and inserting ‘‘a Coverdell’’.
(128) Section 529(e)(3)(A) is amended—
(A) by striking the semicolon at the end of clause
(i) and inserting a comma, and
(B) by adding ‘‘, and’’ at the end of clause (ii).
(129) Section 529A(d)(4) is amended by striking ‘‘Achieving
a Better Life Experience Act of 2014’’ and inserting ‘‘Stephen
Beck, Jr., ABLE Act of 2014’’.
(130) Section 529A(e)(4) is amended by striking ‘‘subparagraph section’’ and inserting ‘‘section’’.
(131) Section 530(d)(9)(B) is amended by striking ‘‘by the’’
and inserting ‘‘by’’.
(132) Section 542(c)(5) is amended by striking the comma
at the end and inserting a semicolon.
(133) Section 542(c)(7) is amended by striking ‘‘A small’’
and inserting ‘‘a small’’.
(134) Section 543(a)(2)(B)(ii) is amended by striking ‘‘section 563(d)’’ and inserting ‘‘section 563(c)’’.
(135) Section 543(d)(5)(A)(ii) is amended by striking ‘‘section 563(d)’’ and inserting ‘‘section 563(c)’’.
(136) Section 613A(c)(7)(B) is amended by striking ‘‘taxpayers’’ and inserting ‘‘taxpayer’s’’.
(137) Section 642(c)(1) is amended by striking ‘‘other then’’
and inserting ‘‘other than’’.

H. R. 1625—844
(138) The item relating to section 661 in the table of
sections for subpart C of part I of subchapter J of chapter
1 is amended to read as follows:
‘‘Sec. 661. Deduction for estates and trusts accumulating income or distributing
corpus.’’.

(139) Section 706(b)(5) is amended by striking ‘‘section
584(h)’’ and inserting ‘‘section 584(i)’’.
(140) Section 751(c) is amended by striking ‘‘and, sections’’
both places it appears and inserting ‘‘and sections’’.
(141) Section 807(e)(5)(A)(i) is amended by striking
‘‘subparagraph (C)’’ and inserting ‘‘subparagraph (B)’’.
(142) Section 831(c) is amended by striking ‘‘section
816(a)).’’ and inserting ‘‘section 816(a).’’.
(143) Section 832(b)(7)(E)(ii)(II) is amended by striking the
comma at the end and inserting a period.
(144) Section 852(a)(1)(B) is amended by striking ‘‘265,’’
and inserting ‘‘265 and’’.
(145) Section 852(b)(2)(D) is amended by striking ‘‘the
deduction’’ and inserting ‘‘The deduction’’.
(146) Subparagraphs (A) and (B) of section 856(c)(7) are
each amended by striking ‘‘paragraph (4)(B)(iii)’’ and inserting
‘‘paragraph (4)(B)(iv)’’.
(147) Paragraphs (1), (3), (4), and (5) of section 856(m)
are each amended by striking ‘‘subsection (c)(4)(B)(iii)’’ and
inserting ‘‘subsection (c)(4)(B)(iv)’’.
(148) Section 857(b)(6)(J) is amended by striking ‘‘section
856(c)(8)’’ and inserting ‘‘section 856(c)(10)’’.
(149) Section 860(f)(2)(A)(ii) is amended by striking
‘‘decreased’’ and inserting ‘‘decrease’’.
(150) Section 860(i) is amended by striking ‘‘willfull’’ and
inserting ‘‘willful’’.
(151) Section 860G(a)(3)(A)(iii)(III) is amended by striking
the period at the end and inserting a comma.
(152) Section 864(d)(8) is amended by striking ‘‘section
956(b)(3)’’ and inserting ‘‘section 956(c)(3)’’.
(153) Section 877(d)(4)(B)(i) is amended by striking ‘‘in
957’’ and inserting ‘‘in section 957’’.
(154) Section 877A(g)(6) is amended by striking ‘‘220(e)(4)’’
and inserting ‘‘220(f)(4)’’.
(155) Section 897(a)(1)(A) is amended by striking ‘‘section
871(B)(1)’’ and inserting ‘‘section 871(b)(1)’’.
(156) The heading of section 897(k)(2) is amended by
striking ‘‘USRPI’’ and inserting ‘‘UNITED STATES REAL PROPERTY
INTEREST’’.
(157) Section 904(d)(2)(B)(ii) is amended—
(A) by striking ‘‘, except as provided in subparagraph
(E)(iii) or paragraph (3)(I),’’, and
(B) by inserting ‘‘subparagraph (E)(ii), or paragraph
(3)(H),’’ after ‘‘Except as provided in clause (iii),’’
(158) Section 907(c)(3)(C) is amended by striking the period
after ‘‘partnerships’’ and inserting a comma.
(159) Section 907(f)(1) is amended by striking ‘‘year,’’ and
inserting ‘‘years,’’.
(160) Section 911(d)(8)(B)(i) is amended by striking ‘‘(50
U.S.C. App. 1 et seq.)’’ and inserting ‘‘(50 U.S.C. 4301 et seq.)’’.

H. R. 1625—845
(161) Section 912(1)(B) is amended by striking ‘‘(50 U.S.C.,
sec. 403e)’’ and inserting ‘‘(50 U.S.C. 3505)’’.
(162) Section 956(c)(2)(E) is amended by striking ‘‘which
are not contracts described in section 953(a)(1)’’ and inserting
‘‘which are contracts described in section 953(e)(2)’’.
(163) Section 956(e) is amended by striking ‘‘provisons’’
and inserting ‘‘provisions’’.
(164) Section 957(b) is amended by striking ‘‘contracts
described in section 953(a)(1)’’ and inserting ‘‘contracts not
described in section 953(e)(2)’’.
(165) The heading of section 993 is amended by inserting
‘‘and special rules’’ after ‘‘definitions’’.
(166) Section 1016(a)(3)(D) is amended by inserting ‘‘as
in effect prior to its repeal by the Tax Reform Act of 1986’’
before ‘‘(or the corresponding provisions of prior income tax
laws)’’.
(167) Section 1033(h)(2) is amended by inserting ‘‘is’’ before
‘‘located’’.
(168) Section 1035(a)(1) is amended by striking ‘‘; or’’ and
inserting a semicolon.
(169) Section 1059(d)(3) is amended by striking ‘‘; except
that’’ and all that follows and inserting ‘‘and there shall not
be taken into account any day which is more than 2 years
after the date on which such share becomes ex-dividend.’’.
(170) Section 1092(a)(2)(B) is amended by striking ‘‘with
respect other’’ in the last sentence and inserting ‘‘with respect
to other’’.
(171) Section 1092(c)(4)(E) is amended by striking ‘‘(other
than subparagraph (B) thereof)’’.
(172) The item relating to section 1222 in the table of
sections for part III of subchapter P of chapter 1 is amended
to read as follows:
‘‘Sec. 1222. Other terms relating to capital gains and losses.’’.

(173) The item relating to section 1252 in the table of
sections for part IV of subchapter P of chapter 1 is amended
to read as follows:
‘‘Sec. 1252. Gain from disposition of farm land.’’.

(174) Section 1250(d)(3) is amended by striking ‘‘paragraph
(9)’’ and inserting ‘‘paragraph (6)’’.
(175) Section 1255(b)(2) is amended by striking ‘‘170(e),’’
and inserting ‘‘170(e)’’.
(176)(A) Subparagraphs (B) and (C) of section 1256(e)(3)
are each amended by striking ‘‘section 464(e)(2)’’ and inserting
‘‘section 461(k)(4)’’.
(B) Section 1258(d)(5)(C) is amended by striking ‘‘section
464(e)(2)’’ and inserting ‘‘section 461(k)(4)’’.
(177) Section 1257(c)(1) is amended—
(A) by striking ‘‘section 1201(4)’’ and inserting ‘‘section
1201(a)(7)’’, and
(B) by striking ‘‘16 U.S.C. 3801(4)’’ and inserting ‘‘16
U.S.C. 3801(7)’’.
(178) Section 1257(c)(2) is amended—
(A) by striking ‘‘section 1201(6)’’ and inserting ‘‘section
1201(a)(10)’’, and

H. R. 1625—846
(B) by striking ‘‘16 U.S.C. 3801(6)’’ and inserting ‘‘16
U.S.C. 3801(10)’’.
(179) Section 1274(b)(3)(B)(i) is amended by striking ‘‘section 6662(d)(2)(C)(iii)’’ and inserting ‘‘section 6662(d)(2)(C)(ii)’’.
(180) Section 1276(a)(4) is amended by striking ‘‘871(a),,’’
and inserting ‘‘871(a),’’.
(181) Section 1278(b)(1) is amended by striking ‘‘871(a),,’’
and inserting ‘‘871(a),’’.
(182) Section 1286(f) is amended by striking ‘‘and 305(e),’’
and inserting ‘‘and section 305(e),’’.
(183) Section 1291(e) is amended by striking ‘‘subsections
(c) and (d) (e),’’ and inserting ‘‘subsections (c), (d), and (e)’’.
(184) Section 1298(b)(5)(B) is amended by striking ‘‘section
951(f)’’ and inserting ‘‘section 951(c)’’.
(185) Section 1298(d)(2)(A) is amended by striking ‘‘section
1296(a)(2)’’ and inserting ‘‘section 1297(a)(2)’’.
(186) Section 1298(e)(2)(B)(ii) is amended by striking
‘‘provisons’’ and inserting ‘‘provisions’’.
(187) Section 1355(f)(3) is amended by striking ‘‘of which’’
and inserting ‘‘on which’’.
(188) Section 1358(b)(1) is amended by striking ‘‘section
1352(a)(2)’’ and inserting ‘‘section 1352(2)’’.
(189) Section 1358(c)(2) is amended by striking ‘‘an person’s’’ and inserting ‘‘a person’s’’.
(190)
Sections
1361(f)(2),
1362(d)(3)(C)(v),
and
4975(d)(16)(A) are each amended by striking ‘‘1813(w)(1)),’’ and
inserting ‘‘1813(w)(1))),’’.
(191) Section 1362(f) is amended by striking ‘‘may be
during’’ and inserting ‘‘may be, during’’.
(192) Section 1366(e) is amended by striking ‘‘section
704(e)(3)’’ and inserting ‘‘section 704(e)(2)’’.
(193) Section 1368(f)(2) is amended by striking ‘‘in included’’
and inserting ‘‘is included’’.
(194) Section 1391(g)(3)(E)(ii) is amended by striking
‘‘Interior’’ and inserting ‘‘the Interior’’.
(195) Section 1394(b)(3)(B)(i)(II) is amended by striking
‘‘subsection’’ and inserting ‘‘subsections’’.
(196) Section 1397C(d)(5)(B) is amended by striking ‘‘subparagraphs (A) or (B)’’ and inserting ‘‘subparagraph (A) or
(B)’’.
(197) Section 1402(a)(1) is amended—
(A) by striking ‘‘section 1233(2)’’ and inserting ‘‘section
1233(a)(2)’’, and
(B) by striking ‘‘16 U.S.C. 3833(2)’’ and inserting ‘‘16
U.S.C. 3833(a)(2)’’.
(198) Section 1402(b) is amended by striking ‘‘3211,.’’ and
inserting ‘‘3211.’’.
(199) The heading of section 1446 is amended by striking
‘‘withholding tax’’ in the heading and inserting ‘‘withholding of tax’’.
(200) Section 2031(c)(1) is amended by striking all that
follows subparagraph (A) and inserting the following:
‘‘(B) $500,000.’’.
(201) Section 2031(c)(2) is amended by striking ‘‘paragraph
(5)).’’ and inserting ‘‘paragraph (5))).’’.
(202) Section 2055(e)(3)(G) is amended by striking
‘‘subparagraph (J)’’ and inserting ‘‘subparagraph (J))’’.

H. R. 1625—847
(203) Section 2106(a)(4) is amended by inserting ‘‘section’’
before ‘‘2058(a)’’.
(204) Section 2522(c)(1) is amended by striking ‘‘to of for’’
and inserting ‘‘to or for’’.
(205) Section 2523(g)(1) is amended by striking ‘‘noncharitable beneficiary’’ and inserting ‘‘beneficiary who is not a charitable beneficiary’’.
(206) Section 2523(g)(2) is amended by striking ‘‘noncharitable’’ and inserting ‘‘charitable’’.
(207) Section 3101(a) is amended by adding a period at
the end.
(208) Section 3111(e)(5)(B) is amended by inserting ‘‘the’’
before ‘‘meaning’’.
(209) Section 3121(b)(5)(B)(i)(V) is amended by striking
‘‘section 105(e)(2)’’ and inserting ‘‘section 104(e)(2)’’.
(210) Section 3121(b)(5)(H)(i) is amended by striking ‘‘1997’’
and inserting ‘‘1997,’’.
(211) Section 3304(a)(4)(G)(ii) is amended by striking ‘‘section 6402(f)(4)(B)’’ and inserting ‘‘section 6402(f)(4)(C)’’.
(212) Section 3306(b)(5)(F) is amended by striking the semicolon at the end and inserting a comma.
(213) Section 3306(c)(19) is amended by striking ‘‘Service’’
and inserting ‘‘service’’.
(214) Section 3306(u) is amended by striking ‘‘25 U.S.C.
450b(e)’’ and inserting ‘‘25 U.S.C. 5304(e)’’.
(215) Section 3306(v) is amended by striking ‘‘this part’’
and inserting ‘‘this section’’.
(216) Section 3309(d) is amended by striking ‘‘25 U.S.C.
450b(e)’’ and inserting ‘‘25 U.S.C. 5304(e)’’.
(217)(A) Paragraphs (1), (2), (3), (4)(B), (5), (6), (8)(A)(ii),
(8)(B), (8)(D), (9), (10)(B), (11), (12)(A), (12)(B), (12)(C), (13),
(14), and (15) of section 3401(a) are each amended by striking
‘‘; or’’ at the end and inserting a comma.
(B) Paragraphs (4)(A), (8)(A)(i), (8)(C), (10)(A), (12)(D), and
(22) of section 3401(a) are each amended by striking ‘‘; or’’
at the end and inserting ‘‘, or’’.
(C) Section 3401(a)(12)(E) is amended by striking ‘‘, or’’
at the end and inserting a comma.
(D) Paragraphs (16)(A), (16)(B), (17), (18), (19), (20), and
(21) of section 3401(a) are each amended by striking the semicolon at the end and inserting a comma.
(218) Section 3509(d)(1)(C) is amended by striking ‘‘sections’’ and inserting ‘‘section’’.
(219) Section 4051(a)(3) is amended by striking ‘‘Secretary.’’
and inserting ‘‘Secretary).’’.
(220) Section 4104(a)(1) is amended by striking ‘‘section’’
and inserting ‘‘sections’’.
(221) Section 4221(a) is amended by striking ‘‘section 4051,’’
and inserting ‘‘section 4051’’.
(222) The item relating to part III in the table of parts
for subchapter C of chapter 33 is amended by striking ‘‘relating’’
and inserting ‘‘applicable’’.
(223) Section 4612(e)(2)(B)(ii)(I) is amended by striking
‘‘tranferred’’ and inserting ‘‘transferred’’.
(224) Section 4958(f)(1)(D) is amended by striking the
period at the end and inserting a comma.

H. R. 1625—848
(225) Section 4971(b) is amended by striking ‘‘minimum
required contribution,’’ and all that follows through ‘‘whichever
is applicable’’ and inserting the following: ‘‘minimum required
contribution, accumulated funding deficiency, or CSEC accumulated funding deficiency, whichever is applicable’’.
(226) Section 4971(c)(3) is amended by striking ‘‘applicable
and’’ and inserting ‘‘applicable, and’’.
(227) Section 4971(f) is amended by striking ‘‘applicable
for’’ and inserting ‘‘applicable, for’’.
(228) Section 4971(g)(4)(C)(ii) is amended by striking ‘‘section 432(i)(9)’’ and inserting ‘‘section 432(j)(9)’’.
(229) Section 4975(d)(3) is amended by striking ‘‘an leveraged’’ and inserting ‘‘a leveraged’’.
(230) Section 4975(d)(17) is amended by striking ‘‘Any’’
and inserting ‘‘any’’.
(231) Section 4975(d)(21) is amended by striking ‘‘person
person’’ and inserting ‘‘person’’.
(232) Section 4975(f)(8)(C)(iv)(II) is amended by inserting
‘‘subsection’’ before ‘‘(d)(17)(A)(ii)’’.
(233) Section 4975(f)(8)(F)(i)(I) is amended by striking
‘‘adviser,’’ and inserting ‘‘adviser’’.
(234) Section 4975(f)(8)(F)(i)(V) is amended by inserting
‘‘of’’ before ‘‘the manner’’.
(235) Section 4980B(f)(1) is amended by striking ‘‘section
2162 of the Public Health Service Act’’ and inserting ‘‘section
1928(h)(6) of the Social Security Act (42 U.S.C. 1396s(h)(6))’’.
(236) Section 4980B(f)(5)(C)(iii) is amended by striking ‘‘section 2701(c)(2)’’ and inserting ‘‘section 2704(c)(2)’’.
(237) Section 4980I(b)(3)(C)(iv) is amended by striking the
comma at the end and inserting a period.
(238) Section 4980I(b)(3)(C)(v) is amended by striking ‘‘for
for’’ and inserting ‘‘for’’.
(239) Section 5054(a)(3)(B) is amended by striking ‘‘sections’’ and inserting ‘‘section’’.
(240) Section 5066(d) is amended by striking ‘‘section
5001(a)(5)’’ and inserting ‘‘section 5001(a)(4)’’.
(241) The item relating to subpart C in the table of subparts
for part II of subchapter A of chapter 51 is amended to read
as follows:
‘‘SUBPART C.

RECORDKEEPING AND REGISTRATION BY DEALERS’’.

(242) The item relating to section 5178 in the table of
sections for subchapter B of chapter 51 is amended to read
as follows:
‘‘Sec. 5178. Premises of distilled spirits plants.’’.

(243) Section 5182 is amended by striking ‘‘section 5112’’
and inserting ‘‘section 5121’’.
(244) Section 5273(e)(2) is amended by striking ‘‘section
5001(a)(6)’’ and inserting ‘‘section 5001(a)(5)’’.
(245) Section 5314(a)(2) is amended by striking ‘‘section
5001(a)(10)’’ and inserting ‘‘section 5001(a)(9)’’.
(246) Section 5392(f) is amended by striking ‘‘section
17(a)(5)’’ and inserting ‘‘section 117(a)(5)’’.
(247) Section 5512 is amended by striking ‘‘section
5001(a)(7)’’ and inserting ‘‘section 5001(a)(6)’’.

H. R. 1625—849
(248) Section 5601(a)(15) is amended by striking ‘‘Withdraws,’’ and inserting ‘‘withdraws,’’.
(249) The heading of section 5603 is amended by inserting
a comma after ‘‘returns’’.
(250) Section 5701(e) is amended by striking
‘‘manufacturered’’ and inserting ‘‘manufactured’’.
(251) The item relating to section 5847 in the table of
sections for part I of subchapter B of chapter 53 is amended
to read as follows:
‘‘Sec. 5847. Effect on other laws.’’.

(252) Section 5847 is amended by striking ‘‘section 414
of the Mutual Security Act of 1954’’ and inserting ‘‘section
38 of the Arms Export Control Act (22 U.S.C. 2778)’’.
(253) The item relating to section 5852 in the table of
sections for part II of subchapter B of chapter 53 is amended
to read as follows:
‘‘Sec. 5852. General transfer and making tax exemption.’’.

(254) The item relating to section 5853 in the table of
sections for part II of subchapter B of chapter 53 is amended
to read as follows:
‘‘Sec. 5853. Transfer and making tax exemption available to certain governmental
entities.’’.

(255) Section 6012(a)(6) is amended by striking ‘‘and’’ at
the end.
(256) Section 6012(a)(7) is amended by striking the period
at the end and inserting ‘‘; and’’.
(257) Section 6012(a)(8) is amended by striking ‘‘section
63(c)(2)(D).’’ and inserting ‘‘section 63(c)(2)(C);’’.
(258) Section 6033(b)(15) is amended by striking the period
at the end and inserting ‘‘, and’’.
(259) Section 6039(d)(2) is amended to read as follows:
‘‘(2) the term ‘employee stock purchase plan’, see section
423(b).’’.
(260) The table of sections for subpart B of part III of
subchapter A of chapter 61 is amended by inserting after the
item relating to section 6041 the following new item:
‘‘Sec. 6041A. Returns regarding payments of remuneration for services and direct
sales.’’.

(261) The item relating to section 6050I in the table of
sections for subpart B of part III of subchapter A of chapter
61 is amended to read as follows:
‘‘Sec. 6050I. Returns relating to cash received in trade or business, etc.’’.

(262) The item relating to section 6050W in the table
of sections for subpart B of part III of subchapter A of chapter
61 is amended to read as follows:
‘‘Sec. 6050W. Returns relating to payments made in settlement of payment card
and third party network transactions.’’.

(263) Section 6050H(h)(3)(B)(i) is amended by striking
‘‘Rural Housing Administration’’ and inserting ‘‘Rural Housing
Service’’.

H. R. 1625—850
(264) Section 6058(e) is amended by striking paragraph
(1) and by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
(265) Section 6059(b)(3)(B) is amended—
(A) by striking ‘‘the requirements’’ and inserting ‘‘that
the requirements’’, and
(B) by striking the period at the end and inserting
a comma.
(266) Section 6091(b)(2)(B)(ii) is amended by striking ‘‘and’’
at the end.
(267) Section 6103(l)(7) is amended by striking ‘‘OF 1977’’
in the heading thereof.
(268) Section 6103(l)(10)(A) is amended by striking ‘‘request
made under subsection (f)(5)’’ and inserting ‘‘notice submitted
under subsection (f)(5)(C)’’.
(269) Section 6103(l)(10) is amended by striking so much
of subparagraph (B) as precedes ‘‘Any’’ and inserting the following:
‘‘(B) RESTRICTION ON USE OF DISCLOSED INFORMATION.—(i)’’.
(270) Section 6103(l)(16)(A) is amended by striking ‘‘subsection 6103(b)(6)’’ and inserting ‘‘section 6103(b)(6)’’.
(271) Section 6103(p)(3)(A) is amended by striking ‘‘subsections’’ and inserting ‘‘subsection’’.
(272) Section 6103(p)(3)(C)(ii) is amended by striking the
comma at the end and inserting a period.
(273) Section 6103(p)(4) is amended by striking ‘‘7(A)(ii)’’
in the matter preceding subparagraph (A) and inserting
‘‘(7)(A)(ii)’’.
(274) Section 6103(p)(4)(F)(ii) is amended—
(A) by striking ‘‘subsections’’ and inserting ‘‘subsection’’,
and
(B) by striking ‘‘subsection (l)(21),,,’’ and inserting ‘‘subsection (l)(21),’’.
(275) Section 6103(p)(4) is amended by striking ‘‘subsection
(l)(21),,’’ both places it appears in the flush matter at the
end and inserting ‘‘subsection (l)(21),’’.
(276) Section 6109(f) is amended by striking ‘‘OF 1977’’
in the heading thereof.
(277) Section 6213(g)(2)(O) is amended by adding a comma
at the end.
(278) Section 6213(g)(2)(P) is amended—
(A) by striking ‘‘section 24(h)(2)’’ and inserting ‘‘section
24(g)(2)’’, and
(B) by striking ‘‘subsection (h)(1)’’ and inserting ‘‘subsection (g)(1)’’.
(279) Section 6302(e)(2)(A) is amended by striking ‘‘sections’’ and inserting ‘‘section’’.
(280) Section 6311(d)(3)(D) is amended—
(A) by striking ‘‘section 103(f)’’ and inserting ‘‘section
103(g)’’, and
(B) by striking ‘‘1602(f)’’ and inserting ‘‘1602(g)’’.
(281) Section 6330(c) is amended by striking ‘‘subsection
(d)(2)(B)’’ in the last sentence and inserting ‘‘subsection
(d)(3)(B)’’.
(282) Section 6330(d)(2) is amended by striking ‘‘, and’’
at the end and inserting a period.

H. R. 1625—851
(283) Section 6334(a)(10)(A) is amended by striking ‘‘V,,’’
and inserting ‘‘V,’’.
(284) Section 6342(a) is amended by striking ‘‘subsection
(c)(2)’’ and inserting ‘‘subsection (d)(2)’’.
(285) Section 6402(a) is amended by striking ‘‘(f) refund’’
and inserting ‘‘(f), refund’’.
(286) Section 6402(c) is amended by striking ‘‘of of’’ and
inserting ‘‘of’’.
(287) Section 6402(d)(2) is amended by striking ‘‘section
402(a)(26) of the Social Security Act’’ and inserting ‘‘section
408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(3))’’.
(288) Section 6404(g)(2)(E) is amended by striking ‘‘section
6664(d)(2)(A)’’ and inserting ‘‘section 6664(d)(3)(A)’’.
(289) Section 6420(i)(4) is amended by striking ‘‘State and’’
and inserting ‘‘State (and’’.
(290) Section 6421(c) is amended by striking ‘‘(4) (5)’’ and
inserting ‘‘(4), (5)’’.
(291) Section 6421(j)(3) is amended by striking ‘‘State and’’
and inserting ‘‘State (and’’.
(292) Section 6422 is amended—
(A) by striking paragraph (7),
(B) by redesignating paragraphs (8) through (12) as
paragraphs (7) through (11), respectively, and
(C) by striking ‘‘for credit’’ in paragraph (10) as so
redesignated and inserting ‘‘For credit’’.
(293) Section 6425(c)(1)(A) is amended by striking ‘‘The
sum’’ and inserting ‘‘the sum’’.
(294) Section 6426(b)(2)(A)(ii) is amended by striking
‘‘cents..’’ and inserting ‘‘cents.’’.
(295) Section 6501(m) is amended by striking ‘‘any election’’
and all that follows through ‘‘(or any’’ and inserting the following: ‘‘any election under section 30B(h)(9), 30C(e)(4),
30D(e)(4), 35(g)(11), 40(f), 43, 45B, 45C(d)(4), 45H(g), or 51(j)
(or any’’.
(296) Section 6503(a)(1) is amended by striking ‘‘section
6230(a)).’’ and inserting ‘‘section 6230(a))’’.
(297) Section 6612(c) is amended—
(A) by inserting ‘‘sections’’ before ‘‘2014(e)’’, and
(B) by striking ‘‘and 6420’’ and inserting ‘‘6420’’.
(298) The item relating to section 6651 in the table of
sections for part I of subchapter A of chapter 68 is amended
to read as follows:
‘‘Sec. 6651. Failure to file tax return or to pay tax.’’.

(299) Each of the following sections are amended by
inserting ‘‘an amount equal to’’ after ‘‘increased by’’ and by
inserting ‘‘for the calendar year’’ after ‘‘section 1(f)(3)’’:
(A) Section 6651(i).
(B) Section 6652(c)(7)(A).
(C) Section 6695(h)(1).
(D) Section 6698(e)(1).
(E) Section 6699(e)(1).
(F) Section 6721(f)(1).
(G) Section 6722(f)(1).
(300) Section 6652(e) is amended by striking ‘‘section
6724(d)(2)(Y)’’ in the last sentence and inserting ‘‘section
6724(d)(2)(AA)’’.

H. R. 1625—852
(301) Section 6654(a) is amended by striking ‘‘chapter 1
the tax’’ and inserting ‘‘chapter 1, the tax’’.
(302) Section 6654(f)(3) is amended by striking ‘‘taxes’’ and
inserting ‘‘tax’’.
(303) Section 6662(d)(3) is amended by striking ‘‘section
6664(d)(2)’’ and inserting ‘‘section 6664(d)(3)’’.
(304) Section 6662 is amended by moving subsection (i)
before subsection (j).
(305) The heading of section 6676(c) is amended by striking
‘‘REASONABLE BASIS’’ and inserting ‘‘REASONABLE CAUSE’’.
(306) The item relating to section 6684 in the table of
sections for part I of subchapter B of chapter 68 is amended
to read as follows:
‘‘Sec. 6684. Assessable penalties with respect to liability for tax under chapter 42.’’.

(307) The item relating to section 6686 in the table of
sections for part I of subchapter B of chapter 68 is amended
to read as follows:
‘‘Sec. 6686. Failure to file returns or supply information by DISC or former FSC.’’.

(308) Section 6679(a)(1) is amended by striking ‘‘section
6046 and 6046A’’ and inserting ‘‘section 6046 or 6046A’’.
(309) Section 6695(h)(2) is amended by striking ‘‘subparagraph (A)’’ and inserting ‘‘paragraph (1)’’.
(310) Section 6695(h)(2)(B) is amended by striking ‘‘clause
(i)’’ and inserting ‘‘subparagraph (A)’’.
(311) Section 6696(a) is amended by striking ‘‘section 6694,’’
and inserting ‘‘sections 6694,’’.
(312) Section 6696(d)(1) is amended by striking ‘‘section
6695,’’ and inserting ‘‘6695,’’.
(313) Section 6698(b)(2) is amended by adding a period
at the end.
(314) Section 6700(a) is amended by striking ‘‘the $1,000’’
and inserting ‘‘$1,000’’.
(315) Section 6724(d)(1)(B)(xx) is amended by striking ‘‘or’’
at the end.
(316) Section 6724(d)(1)(B)(xxi) is amended by striking
‘‘and’’ at the end.
(317) Section 6724(d)(1) is amended by striking ‘‘Such term
also includes’’ and inserting the following:
‘‘Such term also includes’’.
(318) Section 6724(d)(2)(F) is amended by striking the
period at the end and inserting a comma.
(319) Section 6724(d)(2)(M) is amended by striking ‘‘(h)(2)
relating’’ and inserting ‘‘(h)(2) (relating’’.
(320) Section 6724(d)(2)(DD) is amended by adding a
comma at the end.
(321) Section 6863(a) is amended by striking ‘‘6852,,’’ and
inserting ‘‘6852,’’.
(322) Section 6901(a)(1)(B) is amended by striking ‘‘Code
in’’ and inserting ‘‘Code, in’’.
(323) Section 7275(b)(2) is amended by striking ‘‘taxes,
shall’’ and inserting ‘‘taxes,’’.
(324) Section 7421(b)(2) is amended by striking ‘‘Code in’’
and inserting ‘‘Code, in’’.
(325)(A) Subsections (e) and (i) of section 7422 and sections
3121(b)(5)(E), 6110(j)(1)(B), 7428(a), and 7430(c)(6) are each

H. R. 1625—853
amended by striking ‘‘United States Claims Court’’ and
inserting ‘‘United States Court of Federal Claims’’.
(B) Subsections (a), (b), and (c)(1)(C)(iii) of section 7428
are each amended by striking ‘‘Claims Court’’ and inserting
‘‘Court of Federal Claims’’.
(C) The heading of section 4961(c)(1) is amended by striking
‘‘UNITED STATES CLAIMS COURT’’ and inserting ‘‘UNITED STATES
COURT OF FEDERAL CLAIMS’’.
(D) Section 6672(c)(2) is amended by striking ‘‘Court of
Claims’’ and inserting ‘‘Court of Federal Claims’’.
(326) The item relating to section 7448 in the table of
sections for part I of subchapter C of chapter 76 is amended
to read as follows:
‘‘Sec. 7448. Annuities to surviving spouses and dependent children of judges and
special trial judges.’’.

(327) Section 7448(j)(1)(A) is amended by striking ‘‘Code,),’’
and inserting ‘‘Code),’’.
(328) Section 7448(m) is amended by striking ‘‘Code,’’ and
inserting ‘‘Code),’’.
(329) Section 7454(b) is amended by striking ‘‘4955),,’’ and
inserting ‘‘4955),’’.
(330) Section 7654(d)(1) is amended by striking ‘‘50 App.
U.S.C. 501 et seq.’’ and inserting ‘‘50 U.S.C. 3901 et seq.’’.
(331) Section 7701(a)(36)(B) is amended by striking ‘‘an
‘tax’’ and inserting ‘‘a ‘tax’’.
(332) Section 7701(e)(5)(B) is amended by striking
‘‘Reconcilation’’ and inserting ‘‘Reconciliation’’.
(333) Section 7801(a)(2)(B) is amended—
(A) by striking ‘‘this Act’’ and inserting ‘‘the Homeland
Security Act of 2002’’, and
(B) by striking ‘‘effective date of the Homeland Security
Act of 2002’’ and inserting ‘‘effective date of such Act’’.
(334) Section 7809(c)(1) is amended by striking ‘‘Work’’
and inserting ‘‘work’’.
(335) Section 7851(a)(1)(A) is amended by striking ‘‘, 4’’.
(336) Section 7851(a)(1)(B) is amended by striking ‘‘Chapters 3 and 5’’ and inserting ‘‘Chapter 3’’.
(337) Section 7871(c)(3)(D)(ii)(II) is amended by striking
‘‘calender’’ and inserting ‘‘calendar’’.
(338) Section 9003(b)(2) is amended by striking ‘‘section
9006(d)’’ and inserting ‘‘section 9006(c)’’.
(339) Section 9011(b)(1) is amended by striking ‘‘contrue’’
and inserting ‘‘construe’’.
(340) Section 9502(d)(2) is amended by striking ‘‘farms,’’
and inserting ‘‘farms),’’.
(341) Section 9503(c)(5) is amended by striking ‘‘and before
October 1, 2011,’’.
(342) Section 9508(c)(1) is amended by striking ‘‘the Public’’
and inserting ‘‘Public’’.
(343) Section 9701(a)(4) is amended by striking ‘‘section
9713A’’ and inserting ‘‘section 9712’’.
(344) Section 9704(d)(2)(B) is amended by striking ‘‘1232)),’’
and inserting ‘‘1232),’’.
(345) Section 9705(b)(1) is amended by striking ‘‘1232(h)’’
and inserting ‘‘1232’’.

H. R. 1625—854
(346) Section 9705(b)(2) is amended by striking ‘‘Acts’’ and
inserting ‘‘Act’’.
(347) Section 9711(c)(4)(B) is amended by striking ‘‘paragraph (4)(C)’’ and inserting ‘‘paragraph (3)(C)’’.
(348) Section 9712(a)(4)(A) is amended by inserting ‘‘section
402 of’’ after ‘‘subsections (h) and (i) of’’.
(349) Section 9812(a)(3)(B)(i) is amended by striking the
comma at the end and inserting a period.
(350) Section 302 of division P of the Consolidated Appropriations Act, 2016 is amended—
(A) in subsection (a), by inserting ‘‘of the Internal Revenue Code of 1986’’ after ‘‘section 48(a)(5)(C)’’, and
(B) in subsection (b), by inserting ‘‘of such Code’’ after
‘‘section 48(a)’’.
(351) Section 32103(a) of the Fixing America’s Surface
Transportation Act is amended by striking ‘‘section 52106’’ and
inserting ‘‘section 32102’’.
(352) Section 7518(i) is amended—
(A) by striking ‘‘section 607(k) of the Merchant Marine
Act, 1936’’ and inserting ‘‘chapter 535 of title 46, United
States Code,’’, and
(B) by striking ‘‘such section 607(k)’’ and inserting
‘‘such chapter’’.
(b) GENERAL DEADWOOD-RELATED PROVISIONS.—
(1) Section 25A(c)(1) is amended by striking ‘‘($5,000 in
the case of taxable years beginning before January 1, 2003)’’.
(2) Section 26(b)(2) is amended by striking subparagraph
(P).
(3) Section 30C(e) is amended by striking paragraph (6)
and redesignating paragraph (7) as paragraph (6).
(4) Section 32(l) is amended by striking ‘‘, and any payment
made to such individual (or such spouse) by an employer under
section 3507,’’.
(5)(A) Section 38(c)(5) is amended—
(i) by striking all that precedes subparagraph (C)
thereof and inserting the following:
‘‘(5) RULES RELATED TO ELIGIBLE SMALL BUSINESSES.—’’,
(ii) by redesignating subparagraphs (C) and (D) as
subparagraphs (A) and (B), respectively, and
(iii) by amending subparagraph (B) (as so redesignated)
to read as follows:
‘‘(B) TREATMENT OF PARTNERS AND S CORPORATION
SHAREHOLDERS.—For purposes of paragraph (4)(B)(ii), any
credit determined under section 41 with respect to a partnership or S corporation shall not be treated as a specified
credit by any partner or shareholder unless such partner
or shareholder meets the gross receipts test under subparagraph (A) for the taxable year in which such credit is
treated as a current year business credit.’’.
(B) Section 38(c)(2)(A)(ii)(II) is amended by striking ‘‘the
eligible small business credits,’’.
(C) Section 38(c)(4)(A)(ii)(II) is amended by striking ‘‘the
eligible small business credits and’’.
(D) Section 38(c)(4)(B)(ii) is amended by striking ‘‘(as
defined in paragraph (5)(C), after application of rules similar
to the rules of paragraph (5)(D))’’ and inserting ‘‘(as defined

H. R. 1625—855
in paragraph (5)(A) after application of the rules of paragraph
(5)(B))’’.
(E) Section 39(a) is amended by striking paragraph (4).
(F) Section 39(a)(3)(A) is amended by striking ‘‘or the
eligible small business credits’’.
(6) Section 41(c)(4)(A), as amended by the preceding provisions of this Act, is amended by striking ‘‘(12 percent in the
case of taxable years ending before January 1, 2009)’’.
(7) Section 56(b)(1)(E) is amended by striking the last sentence.
(8) Section 56(d)(1)(A)(ii)(I) is amended by inserting ‘‘(as
in effect before its repeal by the Tax Increase Prevention Act
of 2014)’’ after ‘‘section 172(b)(1)(H)’’.
(9) Section 126(a) is amended by striking paragraph (7)
and by redesignating paragraphs (8) and (9) as paragraphs
(7) and (8), respectively.
(10)(A) Section 139(c)(2) is amended by striking ‘‘section
165(h)(3)(C)(i)’’ and inserting ‘‘section 165(i)(5)(A)’’.
(B) Section 7508A(a) is amended by striking ‘‘section
165(h)(3)(C)(i)’’ and inserting ‘‘section 165(i)(5)(A)’’.
(11) Section 140(a) is amended by striking paragraph (2)
and by redesignating paragraphs (3) through (6) as paragraphs
(2) through (5), respectively.
(12) Section 163(d)(4) is amended by striking subparagraph
(E).
(13)(A) Section 168 is amended by striking subsection (n).
(B) The amendment made by this paragraph shall not
apply to property placed in service before the date of the enactment of this Act.
(14) Section 170(e)(3) is amended by striking subparagraph
(D) and redesignating subparagraph (E) as subparagraph (D).
(15)(A) Section 179 is amended by striking subsection (e)
and redesignating subsection (f) as subsection (e).
(B) Section 179(d)(1)(B)(ii) is amended by striking ‘‘subsection (f)’’ and inserting ‘‘subsection (e)’’.
(C) The amendments made by this paragraph shall not
apply to property placed in service before the date of the enactment of this Act.
(16) Section 196(d) is amended—
(A) by striking ‘‘in the case of—’’ and all that follows
and inserting ‘‘in the case of the investment credit determined under section 46 (other than the rehabilitation
credit).’’, and
(B) by striking ‘‘AND RESEARCH CREDIT’’ in the heading
thereof.
(17) Section 246A(b)(1) is amended by striking ‘‘without
regard to section 243(d)(4)’’.
(18) Section 381(c)(16) is amended by striking the second
sentence.
(19) Section 411(a)(3)(F)(i) is amended by striking ‘‘under
section 418D or’’.
(20) Section 415(g) is amended by striking ‘‘subsection
(f)(3)’’ and inserting ‘‘subsection (f)(2)’’.
(21)(A) Section 419(e)(3)(A) is amended by striking ‘‘(17),
or (20)’’ and inserting ‘‘or (17)’’.
(B) Section 419A(g)(1) is amended by striking ‘‘(17), or
(20)’’ and inserting ‘‘or (17)’’.

H. R. 1625—856
(C) Section 419A(g)(2) is amended by striking ‘‘(17), or
(20)’’ and inserting ‘‘or (17)’’.
(D) Section 505 is amended—
(i) in the heading thereof, by striking ‘‘paragraph (9), (17),
or (20)’’ and inserting ‘‘paragraph (9) or (17)’’,
(ii) in the heading of subsection (a), by striking ‘‘PARAGRAPH (9) OR (20) OF SECTION 501(c)’’ and inserting ‘‘SECTION 501(c)(9)’’,
(iii) in subsection (a)(1), by striking ‘‘paragraph (9)
or (20) of subsection (c) of section 501’’ and inserting ‘‘section 501(c)(9)’’, and
(iv) in subsection (c)(1), by striking ‘‘paragraph (9),
(17), or (20)’’ and inserting ‘‘paragraph (9) or (17)’’.
(E) Subparagraphs (A), (C), and (D) of section 512(a)(3)
are each amended in the text thereof by striking ‘‘(17), or
(20)’’ and inserting ‘‘or (17)’’.
(F) Subparagraphs (B)(ii) and (E) of section 512(a)(3) are
each amended in the text thereof by striking ‘‘, (17), or (20)’’
and inserting ‘‘or (17)’’.
(G) The heading of section 512(a)(3) is amended by striking
‘‘(17), OR (20)’’ and inserting ‘‘OR (17)’’.
(H) The heading of section 512(a)(3)(E) is amended by
striking ‘‘, (17), OR (20)’’ and inserting ‘‘OR (17)’’.
(I) The item relating to section 505 in the table of sections
for part I of subchapter F of chapter 1 is amended to read
as follows:
‘‘Sec. 505. Additional requirements for organizations described in paragraph (9) or
(17) of section 501(c).’’.

(22) Section 501(p)(4) is amended by striking ‘‘, 556(b)(2)’’.
(23) Section 530(b)(3) is amended—
(A) by striking ‘‘(as defined in section 170(e)(6)(F)(i))’’
in subparagraph (A)(iii), and
(B) by adding at the end the following new subparagraph:
‘‘(C) COMPUTER TECHNOLOGY OR EQUIPMENT.—The
term ‘computer technology or equipment’ means computer
software (as defined by section 197(e)(3)(B)), computer or
peripheral equipment (as defined by section 168(i)(2)(B)),
and fiber optic cable related to computer use.’’.
(24) Section 593(b)(2)(D)(iv) is amended by striking ‘‘(determined without regard to section 596)’’.
(25) Section 597(c)(1) is amended by striking ‘‘or section
21A of the Federal Home Loan Bank Act’’.
(26) Section 613A(c)(6) is amended by striking subparagraph (H).
(27) Section 664(g)(3)(E) is amended by striking ‘‘limitations
under sections 415(c) and (e)’’ and inserting ‘‘limitation under
section 415(c)’’.
(28) Section 856(m) is amended by striking paragraph (6).
(29) Section 871(a)(3) is amended by striking the last sentence thereof.
(30) Section 992(d) is amended by striking paragraph (6),
by inserting ‘‘or’’ at the end of paragraph (5), and by redesignating paragraph (7) as paragraph (6).
(31) Section 1245(a)(3)(C) is amended by striking ‘‘, 185’’.

H. R. 1625—857
(32)(A) Section 1252(a)(1) is amended by striking ‘‘during
a taxable year beginning’’.
(B) Section 1252(a)(1)(A) is amended—
(i) by striking ‘‘sections’’ and inserting ‘‘section’’, and
(ii) by striking ‘‘and 182’’ and all that follows through
‘‘for expenditures’’ and inserting ‘‘for expenditures’’.
(C) Section 1252(a)(2) is amended—
(i) by striking ‘‘sections’’ and inserting ‘‘section’’, and
(ii) by striking ‘‘or 182’’ and all that follows and
inserting a period.
(33) Section 1374(d)(2)(B) is amended by striking the last
sentence.
(34) Section 3111 is amended by striking subsection (d).
(35) Section 3127(b)(3) is amended by striking ‘‘or 222(b)’’.
(36) Section 3221 is amended by striking subsection (c)
and by redesignating subsection (d) as subsection (c).
(37) Section 3301 is amended by striking ‘‘equal to—’’ and
all that follows and inserting ‘‘equal to 6 percent of the total
wages (as defined in section 3306(b)) paid by such employer
during the calendar year with respect to employment (as
defined in section 3306(c)).’’.
(38) Section 3302(c)(2) is amended by striking the next
to last sentence.
(39) Section 3302(f)(2) is amended—
(A) by striking ‘‘(or, for purposes of applying this
subparagraph to taxable year 1983, September 30, 1981)’’
in subparagraph (D), and
(B) by striking the last sentence.
(40) Section 4042(b)(1) is amended by adding ‘‘and’’ at
the end of subparagraph (A), by striking ‘‘, and’’ at the end
of subparagraph (B) and inserting a period, and by striking
subparagraph (C).
(41) Section 4042(b)(2) is amended by striking subparagraph (C).
(42) Section 4261(b)(1) is amended by striking ‘‘a tax in
the amount’’ and all that follows and inserting ‘‘a tax in the
amount of $3.00.’’.
(43) Section 4481(d) is amended to read as follows:
‘‘(d) ONE TAX LIABILITY PER PERIOD.—To the extent that the
tax imposed by this section is paid with respect to any highway
motor vehicle for any taxable period, no further tax shall be imposed
by this section for such taxable period with respect to such vehicle.’’.
(44) Section 4971(d) is amended by striking the last sentence.
(45) Section 6050G(a)(2) is amended by striking ‘‘(to the
extent not previously taken into account under section
72(d)(1))’’.
(46) Section 6215(b) is amended by striking paragraph
(5) and by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively.
(47) Section 6601(b) is amended by striking paragraph
(2) and by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively.
(48) Section 6654(d)(1)(C)(i) is amended by striking ‘‘by
substituting’’ and all that follows and inserting ‘‘by substituting
‘110 percent’ for ‘100 percent’.’’.

H. R. 1625—858
(49) Section 6654(d)(1) is amended by striking subparagraph (D).
(50) Part II of subchapter C of chapter 75 is amended
by striking section 7326 (and by striking the item relating
to such section in the table of sections for such part).
(51) Section 7448(a)(5) is amended by striking ‘‘, whether
or not performing judicial duties under section 7443B’’.
(52) Section 7448(a)(6) is amended by striking ‘‘, and compensation received under section 7443B’’.
(53) Section 7448(d) is amended by striking ‘‘at 4 percent
per annum to December 31, 1947, and 3 percent per annum
thereafter’’ and inserting ‘‘at 3 percent per annum’’.
(54) Section 7701(a)(19)(A) is amended by striking ‘‘either
(i)’’ and all that follows through ‘‘(ii)’’.
(55) Section 7701(a)(32)(A) is amended to read as follows:
‘‘(A) is subject by law to supervision and examination
by State or Federal authority having supervision over such
institutions, and’’.
(56) Section 8021 is amended by striking subsection (f).
(57) Section 8022(3) is amended by striking subparagraph
(C).
(c) REPEAL OF CERTAIN OBSOLETE BOND PROVISIONS.—
(1) CERTAIN RULES WITH RESPECT TO BONDS ISSUED BEFORE
JULY 2, 1982.—
(A) Section 1271 is amended—
(i) by striking subsection (c) and by redesignating
subsection (d) as subsection (c), and
(ii) by striking ‘‘(and paragraph (2) of subsection
(c))’’ in subsection (a)(2)(B).
(B) Section 1272 is amended by striking subsection
(b) and by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.
(C) Section 163(e)(1) is amended by striking ‘‘In the
case of any debt instrument issued after July 1, 1982,
the portion of the original issue discount with respect to
such debt instrument which is’’ and inserting ‘‘The portion
of the original issue discount with respect to any debt
instrument which is’’.
(D) Section 1271(a)(2)(A)(ii) is amended by striking
‘‘subsection (a)(7) or (b)(4) of section 1272’’ and inserting
‘‘section 1272(a)(7)’’.
(E) Section 1271(b)(1) is amended to read as follows:
‘‘(1) IN GENERAL.—This section shall not apply to any
obligation issued by a natural person before June 9, 1997.’’.
(F) Section 1272(a) is amended—
(i) by striking ‘‘ON DEBT INSTRUMENTS ISSUED
AFTER JULY 1, 1982,’’ in the heading, and
(ii) by striking ‘‘issued after July 1, 1982’’ in paragraph (1).
(G) Section 1278(a)(4)(B) is amended by striking ‘‘or
(b)(4)’’.
(H) The amendments made by this paragraph shall
apply to debt instruments issued on or after July 2, 1982.
(2) CERTAIN RULES WITH RESPECT TO STRIPPED BONDS PURCHASED BEFORE JULY 2, 1982.—
(A) Section 1286, as amended by this section, is
amended by striking subsection (c) and by redesignating

H. R. 1625—859
subsections (d), (e), (f), and (g) as subsections (c), (d), (e),
and (f), respectively.
(B) Subsections (a) and (b) of section 1286 are each
amended by striking ‘‘after July 1, 1982,’’.
(C) Section 1286(d)(5), as redesignated by subparagraph (A), is amended by striking the last sentence.
(D) Section 305(e)(7) is amended by striking ‘‘1286(f)’’
and inserting ‘‘1286(e)’’.
(E) The amendments made by this paragraph shall
apply to bonds purchased on or after July 2, 1982.
(3) CERTAIN RULES WITH RESPECT TO OBLIGATIONS ISSUED
BEFORE MARCH 2, 1984.—
(A) Section 1272(a)(2) is amended by striking subparagraph (D) and by redesignating subparagraph (E) as
subparagraph (D).
(B) Section 163(e)(4) is amended to read as follows:
‘‘(4) EXCEPTION.—This subsection shall not apply to any
debt instrument described in section 1272(a)(2)(D) (relating
to loans between natural persons).’’.
(C) The amendments made by this paragraph shall
apply to obligations issued on or after March 2, 1984.
(d) DEADWOOD PROVISIONS INVOLVING REPEAL OF ONE OR MORE
SECTIONS.—
(1) PUERTO RICO ECONOMIC ACTIVITY CREDIT; PUERTO RICO
AND POSSESSION TAX CREDIT.—
(A) POSSESSION TAX CREDIT.—Section 27 is amended
to read as follows:
‘‘SEC. 27. TAXES OF FOREIGN COUNTRIES AND POSSESSIONS OF THE
UNITED STATES.

‘‘The amount of taxes imposed by foreign countries and possessions of the United States shall be allowed as a credit against
the tax imposed by this chapter to the extent provided in section
901’’.
(B) PUERTO RICO ECONOMIC ACTIVITY CREDIT.—Subpart
C of part IV of subchapter A of chapter 1 is amended
by striking section 30A (and by striking the item relating
to such section in the table of sections for such subpart).
(C) PUERTO RICO AND POSSESSION TAX CREDIT.—Subpart C of part III of subchapter N of chapter 1 is amended
by striking section 936 (and by striking the item relating
to such section in the table of sections for such subpart).
(D) CONFORMING AMENDMENTS.—
(i) The item relating to section 27 in the table
of sections for subpart B of part IV of subchapter
A of chapter 1 is amended to read as follows:
‘‘Sec. 27. Taxes of foreign countries and possessions of the United States.’’.

(ii) Sections 26(a)(1), 59(a)(1), 469(c)(3)(B), and
469(d)(2)(A)(ii) are each amended by striking ‘‘27(a)’’
and inserting ‘‘27’’.
(iii) Section 45C(d)(2) is amended—
(I) by striking subparagraph (B),
(II) by redesignating clauses (i) and (ii) of
subparagraph (A) as subparagraphs (A) and (B),
respectively, and moving such subparagraphs (as
so redesignated) 2 ems to the left, and

H. R. 1625—860
(III) by striking ‘‘IN GENERAL.—’’ and all that
precedes it and inserting the following:
‘‘(2) SPECIAL LIMITATIONS ON FOREIGN TESTING.—’’.
(iv) Section 168(g)(4)(G) is amended by striking
‘‘(other than a corporation which has an election in
effect under section 936)’’.
(v) Section 243(b)(1)(B) is amended to read as follows:
‘‘(B) if such dividend is distributed out of the earnings
and profits of a taxable year of the distributing corporation
which ends after December 31, 1963, and on each day
of which the distributing corporation and the corporation
receiving the dividend were members of such affiliated
group.’’.
(vi) Section 246 is amended by striking subsection
(e).
(vii) Section 338(h)(6)(B)(i) is amended by striking
‘‘, a DISC, or a corporation to which an election under
section 936 applies’’ and inserting ‘‘or a DISC’’.
(viii)(I) Section 367(d) is amended by adding at
the end the following new paragraph:
‘‘(4) INTANGIBLE PROPERTY.—For purposes of this subsection, the term ‘intangible property’ means any—
‘‘(A) patent, invention, formula, process, design, pattern, or know-how,
‘‘(B) copyright, literary, musical, or artistic composition,
‘‘(C) trademark, trade name, or brand name,
‘‘(D) franchise, license, or contract,
‘‘(E) method, program, system, procedure, campaign,
survey, study, forecast, estimate, customer list, or technical
data,
‘‘(F) goodwill, going concern value, or workforce in place
(including its composition and terms and conditions
(contractual or otherwise) of its employment), or
‘‘(G) other item the value or potential value of which
is not attributable to tangible property or the services
of any individual.’’.
(II) Section 367(d)(1) is amended by striking
‘‘(within the meaning of section 936(h)(3)(B))’’.
(III) Sections 482 and 1298(e)(2)(A) are each
amended by striking ‘‘section 936(h)(3)(B)’’ and
inserting ‘‘section 367(d)(4)’’.
(ix) Section 861(a)(2)(A) is amended by striking
‘‘other than a corporation which has an election in
effect under section 936’’.
(x) Section 864(d)(5) is amended to read as follows:
‘‘(5) CERTAIN PROVISIONS NOT TO APPLY.—The following
provisions shall not apply to any amount treated as interest
under paragraph (1) or (6):
‘‘(A) Section 904(d)(2)(B)(iii)(I) (relating to exceptions
for export financing interest).
‘‘(B) Subparagraph (A) of section 954(b)(3) (relating
to exception where foreign base company income is less
than 5 percent or $1,000,000).
‘‘(C) Subparagraph (B) of section 954(c)(2) (relating
to certain export financing).

H. R. 1625—861
‘‘(D) Clause (i) of section 954(c)(3)(A) (relating to certain
income received from related persons).’’.
(xi) Section 865(j)(3) is amended by striking ‘‘,
933, and 936’’ and inserting ‘‘and 933’’.
(xii) Section 901(g)(2) is amended by inserting ‘‘(as
in effect on the day before the date of the enactment
of the Tax Technical Corrections Act of 2018)’’ after
‘‘section 936’’.
(xiii) Section 904(b) is amended by striking paragraph (4) and by redesignating paragraph (5) as paragraph (4).
(xiv) Section 904(f)(1) is amended by striking ‘‘and
section 936’’.
(xv) Section 1202(e)(4) is amended by striking
subparagraph (B) and by redesignating subparagraphs
(C) and (D) as subparagraphs (B) and (C), respectively.
(xvi) Section 1361(b)(2) is amended by adding ‘‘or’’
at the end of subparagraph (B), by striking subparagraph (C), and by redesignating subparagraph (D) as
subparagraph (C).
(xvii)(I) Section 1504(b) is amended by striking
paragraph (4) and by redesignating paragraphs (6),
(7), and (8) as paragraphs (4), (5), and (6), respectively.
(II) Section 243(b)(2) is amended by striking ‘‘,
1504(b)(4),’’.
(III) Section 332(d)(2)(B) is amended by striking
‘‘paragraphs (2) and (4)’’ and inserting ‘‘paragraph (2)’’.
(IV) Section 864(e)(5)(A) is amended by striking
‘‘(determined without regard to paragraph (4) of section
1504(b))’’.
(V) Section 864(f) is amended in paragraphs
(1)(C)(i) and (2) by striking ‘‘paragraphs (2) and (4)’’
and inserting ‘‘paragraph (2)’’.
(xviii) Section 6091(b)(2)(B) is amended by striking
clause (ii) and by redesignating clauses (iii) and (iv)
as clauses (ii) and (iii), respectively.
(xix) Section 6654(d)(2)(D) is amended—
(I) by striking ‘‘936(h) or’’ in clause (i), and
(II) by striking ‘‘AND SECTION 936’’ in the
heading.
(xx) Section 6655(e)(4) is amended—
(I) by striking ‘‘936(h) or’’ in subparagraph
(A), and
(II) by striking ‘‘AND SECTION 936’’ in the
heading.
(2) ENERGY EFFICIENT APPLIANCE CREDIT.—
(A) IN GENERAL.—Subpart D of part IV of subchapter
A of chapter 1 is amended by striking section 45M (and
by striking the item relating to such section in the table
of sections for such subpart).
(B) CONFORMING AMENDMENT.—Section 38(b), as
amended by the preceding provisions of this Act, is
amended by striking paragraph (24) and by redesignating
paragraphs (25) through (37) as paragraphs (24) through
(36), respectively.
(3) QUALIFYING THERAPEUTIC DISCOVERY PROJECT CREDIT.—

H. R. 1625—862
(A) IN GENERAL.—Subpart E of part IV of subchapter
A of chapter 1 is amended by striking section 48D (and
by striking the item relating to such section in the table
of sections for such subpart).
(B) CONFORMING AMENDMENTS.—
(i) Section 49(a)(1)(C) is amended by adding ‘‘and’’
at the end of clause (iv), by striking ‘‘, and’’ at the
end of clause (v) and inserting a period, and by striking
clause (vi).
(ii) Section 50(a)(2)(E) is amended by striking
‘‘48C(b)(2), or 48D(b)(4)’’ and inserting ‘‘or 48C(b)(2)’’.
(iii) Section 280C is amended by striking the subsection (g) which relates to the qualifying therapeutic
discovery project credit.
(C) SAVINGS PROVISION.—In the case of the repeal of
section 48D(e)(1) of the Internal Revenue Code of 1986,
the amendments made by this paragraph shall not apply
to expenditures made in taxable years beginning before
January 1, 2011.
(4) DC ZONE PROVISIONS.—
(A) IN GENERAL.—Chapter 1 is amended by striking
subchapter W (and by striking the item relating to such
subchapter in the table of subchapters for such chapter).
(B) CONFORMING AMENDMENTS.—
(i) Section 23(c)(1) is amended by striking ‘‘sections
25D and 1400C’’ and inserting ‘‘section 25D’’.
(ii) Section 25(e)(1)(C) is amended by striking ‘‘sections 23, 25D, and 1400C’’ and inserting ‘‘sections 23
and 25D’’.
(iii) Section 45D(h) is amended by striking ‘‘sections 1202, 1400B, and 1400F’’ and inserting ‘‘section
1202’’.
(iv) Section 1016(a) is amended by striking paragraph (27).
(v) Section 1202(a)(2)(B) is amended by inserting
‘‘(as in effect before its repeal)’’ after ‘‘1400B(b)’’.
(vi) Section 1223(13) is amended by striking ‘‘sections 1202(a)(2), 1202(c)(2)(A), 1400B(b), and 1400F(b)’’
and inserting ‘‘subsections (a)(2) and (c)(2)(A) of section
1202’’.
(vii) Section 1397B(b)(1) is amended by striking
subparagraph (B).
(C) SAVINGS PROVISIONS.—The amendments made by
this paragraph shall not apply to—
(i) in the case of the repeal of section 1400A of
the Internal Revenue Code of 1986, obligations
described in section 1394 of such Code (as in effect
before its repeal) which were issued before January
1, 2012,
(ii) in the case of the repeal of section 1400B
of such Code, DC Zone assets (as defined in such
section, as in effect before its repeal) which were
acquired by the taxpayer before January 1, 2012, and
(iii) in the case of the repeal of section 1400C
of such Code, principal residences acquired before
January 1, 2012.
(5) RENEWAL COMMUNITY PROVISIONS.—

H. R. 1625—863
(A) IN GENERAL.—Chapter 1 is amended by striking
subchapter X (and by striking the item relating to such
subchapter in the table of subchapters for such chapter).
(B) CONFORMING AMENDMENTS.—
(i) Section 469(i)(3) is amended by striking
subparagraph (C) and by redesignating subparagraphs
(D), (E), and (F) as subparagraphs (C), (D), and (E),
respectively.
(ii) Section 469(i)(3)(D), as so redesignated, is
amended to read as follows:
‘‘(D) ORDERING RULE.—Paragraph (1) shall be applied
for any taxable year—
‘‘(i) first, to the passive activity loss,
‘‘(ii) second, to the portion of the passive activity
credit to which subparagraph (B) and (C) does not
apply,
‘‘(iii) third, to the portion of such credit to which
subparagraph (B) applies, and
‘‘(iv) then, to the portion of such credit to which
subparagraph (C) applies.’’.
(iii) Section 469(i)(6)(B) is amended—
(I) by striking ‘‘, REHABILITATION CREDIT, OR
COMMERCIAL REVITALIZATION DEDUCTION’’ in the
heading and inserting ‘‘OR REHABILITATION
CREDIT’’,
(II) by adding ‘‘or’’ at the end of clause (i),
(III) by striking ‘‘, or’’ at the end of clause
(ii) and inserting a comma, and
(IV) by striking clause (iii).
(iv) Section 1397B(b)(1), as amended by the preceding provisions of this Act, is amended by adding
at the end the following new subparagraph:
‘‘(B) REFERENCES.—Any reference in this paragraph
to section 1400F shall be treated as reference to such
section before its repeal.’’.
(v) Section 1397B(b)(5) is amended by striking
‘‘which is sold—’’ and all that follows and inserting
‘‘which is sold, the taxpayer’s holding period for such
asset and the asset referred to in subsection (a)(1)
shall be determined without regard to section 1223.’’.
(C) SAVINGS PROVISIONS.—The amendments made by
this paragraph shall not apply to—
(i) in the case of the repeal of section 1400F of
the Internal Revenue Code of 1986, qualified community assets (as defined in such section, as in effect
before its repeal) which were acquired by the taxpayer
before January 1, 2010,
(ii) in the case of the repeal section 1400H of
such Code, wages paid or incurred before January 1,
2010,
(iii) in the case of the repeal of section 1400I
of such Code, qualified revitalization buildings (as
defined in such section, as in effect before its repeal)
which were placed in service before January 1, 2010,
and
(iv) in the case of the repeal of section 1400J
of such Code, property acquired before January 1, 2010.

H. R. 1625—864
(6) SHORT-TERM REGIONAL BENEFITS.—
(A) IN GENERAL.—Chapter 1 is amended by striking
subchapter Y (and by striking the item relating to such
subchapter in the table of subchapters for such chapter).
(B) CONFORMING AMENDMENTS.—
(i) Section 38(b), as amended by the preceding
provisions of this Act, is amended by striking paragraphs (26), (27), (28), and (29) and by redesignating
paragraphs (30) through (36) as paragraphs (26)
through (32), respectively.
(ii) Section 38(c)(2)(A)(ii)(II), as amended by the
preceding provisions of this Act, is amended by striking
‘‘, the New York Liberty Zone business employee
credit,’’.
(iii) Section 38(c) is amended by striking paragraph
(3).
(iv) Section 280C(a), as amended by the preceding
provisions of this Act, is amended by striking ‘‘1396(a),
1400P(b), and 1400R’’ and inserting ‘‘and 1396(a)’’.
(v) Section 6033(b)(14) is amended by striking
‘‘including the amount and use of qualified contributions to which section 1400S(a) applies,’’.
(vi) Section 6049(d)(8)(A) is amended—
(I) by striking ‘‘or 1400N(l)(6)’’, and
(II) by striking ‘‘or 1400N(l)(2)(D), as the case
may be’’.
(C) SAVINGS PROVISIONS.—The amendments made by
this paragraph shall not apply to—
(i) in the case of the repeal of section 1400L(a)
of the Internal Revenue Code of 1986, qualified wages
(as defined in such section, as in effect before its repeal)
which were paid or incurred before January 1, 2004,
(ii) in the case of the repeal of subsections (b)
and (f) of section 1400L of such Code, qualified New
York Liberty Zone property (as defined in section
1400L(b) of such Code, as in effect before its repeal)
placed in service before January 1, 2010,
(iii) in the case of the repeal of section 1400L(c)
of such Code, qualified New York Liberty Zone leasehold improvement property (as defined in such section,
as in effect before its repeal) placed in service before
January 1, 2007,
(iv) in the case of the repeal of section 1400L(d)
of such Code, qualified New York Liberty bonds (as
defined in such section, as in effect before its repeal)
issued before January 1, 2014,
(v) in the case of the repeal of section 1400L(e)
of such Code, advanced refundings before January 1,
2006,
(vi) in the case of the repeal of section 1400L(g)
of such Code, property which is compulsorily or involuntarily converted as a result of the terrorist attacks
on September 11, 2001,
(vii) in the case of the repeal of section 1400N(a)
of such Code, obligations issued before January 1, 2012,

H. R. 1625—865
(viii) in the case of the repeal of section 1400N(b)
of such Code, advanced refundings before January 1,
2011,
(ix) in the case of the repeal of section 1400N(d)
of such Code, property placed in service before January
1, 2012,
(x) in the case of the repeal of section 1400N(e)
of such Code, property placed in service before January
1, 2009,
(xi) in the case of the repeal of subsections (f)
and (g) of section 1400N of such Code, amounts paid
or incurred before January 1, 2008,
(xii) in the case of the repeal of section 1400N(h)
of such Code, amounts paid or incurred before January
1, 2012,
(xiii) in the case of the repeal of section
1400N(k)(1)(B) of such Code, losses arising in taxable
years beginning before January 1, 2008,
(xiv) in the case of the repeal of section 1400N(l)
of such Code, bonds issued before January 1, 2007,
(xv) in the case of the repeal of section 1400Q(a)
of such Code, distributions before January 1, 2007,
(xvi) in the case of the repeal of section 1400Q(b)
of such Code, contributions before March 1, 2006,
(xvii) in the case of the repeal of section 1400Q(c)
of such Code, loans made before January 1, 2007,
(xviii) in the case of the repeal of section 1400R
of such Code, wages paid or incurred before January
1, 2006,
(xix) in the case of the repeal of section 1400S(a)
of such Code, contributions paid before January 1,
2006,
(xx) in the case of the repeal of section 1400T
of such Code, financing provided before January 1,
2011, and
(xxi) in the case of the repeal of part III of subchapter Y of chapter 1 of such Code, obligations issued
before January 1, 2011.
(7) PROVISIONS RELATED TO COBRA PREMIUM ASSISTANCE.—
(A) IN GENERAL.—Subchapter B of chapter 65 is
amended by striking section 6432 (and by striking the
item relating to such section in the table of sections for
such subchapter).
(B) NOTIFICATION REQUIREMENT.—Part I of subchapter
B of chapter 68 is amended by striking section 6720C
(and by striking the item relating to such section in the
table of sections for such part).
(C) EXCLUSION FROM GROSS INCOME.—Part III of subchapter B of chapter 1 is amended by striking section
139C (and by striking the item relating to such section
in the table of sections for such part).
(8) EFFECTIVE DATE OF PRESIDENTIAL ELECTION CAMPAIGN
FUND.—Chapter 95 is amended by striking section 9013 (and
by striking the item relating to such section in the table of
sections for such chapter).
(e) GENERAL SAVINGS PROVISION WITH RESPECT TO DEADWOOD
PROVISIONS.—If—

H. R. 1625—866
(1) any provision amended or repealed by the amendments
made by subsection (b) or (d) applied to—
(A) any transaction occurring before the date of the
enactment of this Act,
(B) any property acquired before such date of enactment, or
(C) any item of income, loss, deduction, or credit taken
into account before such date of enactment, and
(2) the treatment of such transaction, property, or item
under such provision would (without regard to the amendments
or repeals made by such subsection) affect the liability for
tax for periods ending after such date of enactment,
nothing in the amendments or repeals made by this section shall
be construed to affect the treatment of such transaction, property,
or item for purposes of determining liability for tax for periods
ending after such date of enactment.

DIVISION V—CLOUD ACT
SEC. 101. SHORT TITLE.

This division may be cited as the ‘‘Clarifying Lawful Overseas
Use of Data Act’’ or the ‘‘CLOUD Act’’.
SEC. 102. CONGRESSIONAL FINDINGS.

Congress finds the following:
(1) Timely access to electronic data held by communications-service providers is an essential component of government
efforts to protect public safety and combat serious crime,
including terrorism.
(2) Such efforts by the United States Government are being
impeded by the inability to access data stored outside the
United States that is in the custody, control, or possession
of communications-service providers that are subject to jurisdiction of the United States.
(3) Foreign governments also increasingly seek access to
electronic data held by communications-service providers in
the United States for the purpose of combating serious crime.
(4) Communications-service providers face potential conflicting legal obligations when a foreign government orders
production of electronic data that United States law may prohibit providers from disclosing.
(5) Foreign law may create similarly conflicting legal obligations when chapter 121 of title 18, United States Code (commonly known as the ‘‘ Stored Communications Act’’), requires
disclosure of electronic data that foreign law prohibits communications-service providers from disclosing.
(6) International agreements provide a mechanism for
resolving these potential conflicting legal obligations where the
United States and the relevant foreign government share a
common commitment to the rule of law and the protection
of privacy and civil liberties.
SEC. 103. PRESERVATION OF RECORDS; COMITY ANALYSIS OF LEGAL
PROCESS.

(a) REQUIRED PRESERVATION AND
TIONS AND RECORDS.—

DISCLOSURE

OF

COMMUNICA-

H. R. 1625—867
(1) AMENDMENT.—Chapter 121 of title 18, United States
Code, is amended by adding at the end the following:
‘‘§ 2713. Required preservation and disclosure of communications and records
‘‘A provider of electronic communication service or remote computing service shall comply with the obligations of this chapter
to preserve, backup, or disclose the contents of a wire or electronic
communication and any record or other information pertaining to
a customer or subscriber within such provider’s possession, custody,
or control, regardless of whether such communication, record, or
other information is located within or outside of the United States.’’.
(2) TABLE OF SECTIONS.—The table of sections for chapter
121 of title 18, United States Code, is amended by inserting
after the item relating to section 2712 the following:
‘‘2713. Required preservation and disclosure of communications and records.’’.
(b) COMITY ANALYSIS OF LEGAL PROCESS SEEKING CONTENTS
OF WIRE OR ELECTRONIC COMMUNICATION.—Section 2703 of title

18, United States Code, is amended by adding at the end the
following:
‘‘(h) COMITY ANALYSIS AND DISCLOSURE OF INFORMATION
REGARDING LEGAL PROCESS SEEKING CONTENTS OF WIRE OR ELECTRONIC COMMUNICATION.—
‘‘(1) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘qualifying foreign government’ means
a foreign government—
‘‘(i) with which the United States has an executive
agreement that has entered into force under section
2523; and
‘‘(ii) the laws of which provide to electronic communication service providers and remote computing
service
providers
substantive
and
procedural
opportunities similar to those provided under paragraphs (2) and (5); and
‘‘(B) the term ‘United States person’ has the meaning
given the term in section 2523.
‘‘(2) MOTIONS TO QUASH OR MODIFY.—(A) A provider of
electronic communication service to the public or remote computing service, including a foreign electronic communication
service or remote computing service, that is being required
to disclose pursuant to legal process issued under this section
the contents of a wire or electronic communication of a subscriber or customer, may file a motion to modify or quash
the legal process where the provider reasonably believes—
‘‘(i) that the customer or subscriber is not a United
States person and does not reside in the United States;
and
‘‘(ii) that the required disclosure would create a material risk that the provider would violate the laws of a
qualifying foreign government.
Such a motion shall be filed not later than 14 days after
the date on which the provider was served with the legal
process, absent agreement with the government or permission from the court to extend the deadline based on an
application made within the 14 days. The right to move
to quash is without prejudice to any other grounds to

H. R. 1625—868
move to quash or defenses thereto, but it shall be the
sole basis for moving to quash on the grounds of a conflict
of law related to a qualifying foreign government.
‘‘(B) Upon receipt of a motion filed pursuant to subparagraph (A), the court shall afford the governmental entity that
applied for or issued the legal process under this section the
opportunity to respond. The court may modify or quash the
legal process, as appropriate, only if the court finds that—
‘‘(i) the required disclosure would cause the provider
to violate the laws of a qualifying foreign government;
‘‘(ii) based on the totality of the circumstances, the
interests of justice dictate that the legal process should
be modified or quashed; and
‘‘(iii) the customer or subscriber is not a United States
person and does not reside in the United States.
‘‘(3) COMITY ANALYSIS.—For purposes of making a determination under paragraph (2)(B)(ii), the court shall take into
account, as appropriate—
‘‘(A) the interests of the United States, including the
investigative interests of the governmental entity seeking
to require the disclosure;
‘‘(B) the interests of the qualifying foreign government
in preventing any prohibited disclosure;
‘‘(C) the likelihood, extent, and nature of penalties
to the provider or any employees of the provider as a
result of inconsistent legal requirements imposed on the
provider;
‘‘(D) the location and nationality of the subscriber or
customer whose communications are being sought, if
known, and the nature and extent of the subscriber or
customer’s connection to the United States, or if the legal
process has been sought on behalf of a foreign authority
pursuant to section 3512, the nature and extent of the
subscriber or customer’s connection to the foreign
authority’s country;
‘‘(E) the nature and extent of the provider’s ties to
and presence in the United States;
‘‘(F) the importance to the investigation of the information required to be disclosed;
‘‘(G) the likelihood of timely and effective access to
the information required to be disclosed through means
that would cause less serious negative consequences; and
‘‘(H) if the legal process has been sought on behalf
of a foreign authority pursuant to section 3512, the investigative interests of the foreign authority making the
request for assistance.
‘‘(4) DISCLOSURE OBLIGATIONS DURING PENDENCY OF CHALLENGE.—A service provider shall preserve, but not be obligated
to produce, information sought during the pendency of a motion
brought under this subsection, unless the court finds that immediate production is necessary to prevent an adverse result
identified in section 2705(a)(2).
‘‘(5) DISCLOSURE TO QUALIFYING FOREIGN GOVERNMENT.—
(A) It shall not constitute a violation of a protective order
issued under section 2705 for a provider of electronic communication service to the public or remote computing service to
disclose to the entity within a qualifying foreign government,

H. R. 1625—869
designated in an executive agreement under section 2523, the
fact of the existence of legal process issued under this section
seeking the contents of a wire or electronic communication
of a customer or subscriber who is a national or resident of
the qualifying foreign government.
‘‘(B) Nothing in this paragraph shall be construed to modify
or otherwise affect any other authority to make a motion to
modify or quash a protective order issued under section 2705.’’.
(c) RULE OF CONSTRUCTION.—Nothing in this section, or an
amendment made by this section, shall be construed to modify
or otherwise affect the common law standards governing the availability or application of comity analysis to other types of compulsory
process or to instances of compulsory process issued under section
2703 of title 18, United States Code, as amended by this section,
and not covered under subsection (h)(2) of such section 2703.
SEC. 104. ADDITIONAL AMENDMENTS TO CURRENT COMMUNICATIONS
LAWS.

Title 18, United States Code, is amended—
(1) in chapter 119—
(A) in section 2511(2), by adding at the end the following:
‘‘(j) It shall not be unlawful under this chapter for a provider
of electronic communication service to the public or remote computing service to intercept or disclose the contents of a wire or
electronic communication in response to an order from a foreign
government that is subject to an executive agreement that the
Attorney General has determined and certified to Congress satisfies
section 2523.’’; and
(B) in section 2520(d), by amending paragraph (3) to
read as follows:
‘‘(3) a good faith determination that section 2511(3),
2511(2)(i), or 2511(2)(j) of this title permitted the conduct complained of;’’;
(2) in chapter 121—
(A) in section 2702—
(i) in subsection (b)—
(I) in paragraph (8), by striking the period
at the end and inserting ‘‘; or’’; and
(II) by adding at the end the following:
‘‘(9) to a foreign government pursuant to an order from
a foreign government that is subject to an executive agreement
that the Attorney General has determined and certified to
Congress satisfies section 2523.’’; and
(ii) in subsection (c)—
(I) in paragraph (5), by striking ‘‘or’’ at the
end;
(II) in paragraph (6), by striking the period
at the end and inserting ‘‘; or’’; and
(III) by adding at the end the following:
‘‘(7) to a foreign government pursuant to an order from
a foreign government that is subject to an executive agreement
that the Attorney General has determined and certified to
Congress satisfies section 2523.’’; and
(B) in section 2707(e), by amending paragraph (3) to
read as follows:

H. R. 1625—870
‘‘(3) a good faith determination that section 2511(3), section
2702(b)(9), or section 2702(c)(7) of this title permitted the conduct complained of;’’; and
(3) in chapter 206—
(A) in section 3121(a), by inserting before the period
at the end the following: ‘‘or an order from a foreign government that is subject to an executive agreement that the
Attorney General has determined and certified to Congress
satisfies section 2523’’; and
(B) in section 3124—
(i) by amending subsection (d) to read as follows:
‘‘(d) NO CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING
INFORMATION UNDER THIS CHAPTER.—No cause of action shall lie
in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance
with a court order under this chapter, request pursuant to section
3125 of this title, or an order from a foreign government that
is subject to an executive agreement that the Attorney General
has determined and certified to Congress satisfies section 2523.’’;
and
(ii) by amending subsection (e) to read as follows:
‘‘(e) DEFENSE.—A good faith reliance on a court order under
this chapter, a request pursuant to section 3125 of this title, a
legislative authorization, a statutory authorization, or a good faith
determination that the conduct complained of was permitted by
an order from a foreign government that is subject to executive
agreement that the Attorney General has determined and certified
to Congress satisfies section 2523, is a complete defense against
any civil or criminal action brought under this chapter or any
other law.’’.
SEC. 105. EXECUTIVE AGREEMENTS ON ACCESS TO DATA BY FOREIGN
GOVERNMENTS.

(a) IN GENERAL.—Chapter 119 of title 18, United States Code,
is amended by adding at the end the following:
‘‘§ 2523. Executive agreements on access to data by foreign
governments
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘lawfully admitted for permanent residence’
has the meaning given the term in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)); and
‘‘(2) the term ‘United States person’ means a citizen or
national of the United States, an alien lawfully admitted for
permanent residence, an unincorporated association a substantial number of members of which are citizens of the United
States or aliens lawfully admitted for permanent residence,
or a corporation that is incorporated in the United States.
‘‘(b) EXECUTIVE AGREEMENT REQUIREMENTS.—For purposes of
this chapter, chapter 121, and chapter 206, an executive agreement
governing access by a foreign government to data subject to this
chapter, chapter 121, or chapter 206 shall be considered to satisfy
the requirements of this section if the Attorney General, with
the concurrence of the Secretary of State, determines, and submits
a written certification of such determination to Congress, including

H. R. 1625—871
a written certification and explanation of each consideration in
paragraphs (1), (2), (3), and (4), that—
‘‘(1) the domestic law of the foreign government, including
the implementation of that law, affords robust substantive and
procedural protections for privacy and civil liberties in light
of the data collection and activities of the foreign government
that will be subject to the agreement, if—
‘‘(A) such a determination under this section takes
into account, as appropriate, credible information and
expert input; and
‘‘(B) the factors to be met in making such a determination include whether the foreign government—
‘‘(i) has adequate substantive and procedural laws
on cybercrime and electronic evidence, as demonstrated
by being a party to the Convention on Cybercrime,
done at Budapest November 23, 2001, and entered
into force January 7, 2004, or through domestic laws
that are consistent with definitions and the requirements set forth in chapters I and II of that Convention;
‘‘(ii) demonstrates respect for the rule of law and
principles of nondiscrimination;
‘‘(iii) adheres to applicable international human
rights obligations and commitments or demonstrates
respect for international universal human rights,
including—
‘‘(I) protection from arbitrary and unlawful
interference with privacy;
‘‘(II) fair trial rights;
‘‘(III) freedom of expression, association, and
peaceful assembly;
‘‘(IV) prohibitions on arbitrary arrest and
detention; and
‘‘(V) prohibitions against torture and cruel,
inhuman, or degrading treatment or punishment;
‘‘(iv) has clear legal mandates and procedures governing those entities of the foreign government that
are authorized to seek data under the executive agreement, including procedures through which those
authorities collect, retain, use, and share data, and
effective oversight of these activities;
‘‘(v) has sufficient mechanisms to provide accountability and appropriate transparency regarding the
collection and use of electronic data by the foreign
government; and
‘‘(vi) demonstrates a commitment to promote and
protect the global free flow of information and the
open, distributed, and interconnected nature of the
Internet;
‘‘(2) the foreign government has adopted appropriate procedures to minimize the acquisition, retention, and dissemination
of information concerning United States persons subject to the
agreement;
‘‘(3) the terms of the agreement shall not create any obligation that providers be capable of decrypting data or limitation
that prevents providers from decrypting data; and
‘‘(4) the agreement requires that, with respect to any order
that is subject to the agreement—

H. R. 1625—872
‘‘(A) the foreign government may not intentionally target a United States person or a person located in the
United States, and shall adopt targeting procedures
designed to meet this requirement;
‘‘(B) the foreign government may not target a nonUnited States person located outside the United States
if the purpose is to obtain information concerning a United
States person or a person located in the United States;
‘‘(C) the foreign government may not issue an order
at the request of or to obtain information to provide to
the United States Government or a third-party government,
nor shall the foreign government be required to share
any information produced with the United States Government or a third-party government;
‘‘(D) an order issued by the foreign government—
‘‘(i) shall be for the purpose of obtaining information relating to the prevention, detection, investigation,
or prosecution of serious crime, including terrorism;
‘‘(ii) shall identify a specific person, account,
address, or personal device, or any other specific identifier as the object of the order;
‘‘(iii) shall be in compliance with the domestic law
of that country, and any obligation for a provider of
an electronic communications service or a remote computing service to produce data shall derive solely from
that law;
‘‘(iv) shall be based on requirements for a reasonable justification based on articulable and credible
facts, particularity, legality, and severity regarding the
conduct under investigation;
‘‘(v) shall be subject to review or oversight by a
court, judge, magistrate, or other independent
authority prior to, or in proceedings regarding, enforcement of the order; and
‘‘(vi) in the case of an order for the interception
of wire or electronic communications, and any extensions thereof, shall require that the interception
order—
‘‘(I) be for a fixed, limited duration; and
‘‘(II) may not last longer than is reasonably
necessary to accomplish the approved purposes of
the order; and
‘‘(III) be issued only if the same information
could not reasonably be obtained by another less
intrusive method;
‘‘(E) an order issued by the foreign government may
not be used to infringe freedom of speech;
‘‘(F) the foreign government shall promptly review
material collected pursuant to the agreement and store
any unreviewed communications on a secure system accessible only to those persons trained in applicable procedures;
‘‘(G) the foreign government shall, using procedures
that, to the maximum extent possible, meet the definition
of minimization procedures in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801), segregate, seal, or delete, and not disseminate material found
not to be information that is, or is necessary to understand

H. R. 1625—873
or assess the importance of information that is, relevant
to the prevention, detection, investigation, or prosecution
of serious crime, including terrorism, or necessary to protect
against a threat of death or serious bodily harm to any
person;
‘‘(H) the foreign government may not disseminate the
content of a communication of a United States person to
United States authorities unless the communication may
be disseminated pursuant to subparagraph (G) and relates
to significant harm, or the threat thereof, to the United
States or United States persons, including crimes involving
national security such as terrorism, significant violent
crime, child exploitation, transnational organized crime,
or significant financial fraud;
‘‘(I) the foreign government shall afford reciprocal
rights of data access, to include, where applicable, removing
restrictions on communications service providers, including
providers subject to United States jurisdiction, and thereby
allow them to respond to valid legal process sought by
a governmental entity (as defined in section 2711) if foreign
law would otherwise prohibit communications-service providers from disclosing the data;
‘‘(J) the foreign government shall agree to periodic
review of compliance by the foreign government with the
terms of the agreement to be conducted by the United
States Government; and
‘‘(K) the United States Government shall reserve the
right to render the agreement inapplicable as to any order
for which the United States Government concludes the
agreement may not properly be invoked.
‘‘(c) LIMITATION ON JUDICIAL REVIEW.—A determination or certification made by the Attorney General under subsection (b) shall
not be subject to judicial or administrative review.
‘‘(d) EFFECTIVE DATE OF CERTIFICATION.—
‘‘(1) NOTICE.—Not later than 7 days after the date on
which the Attorney General certifies an executive agreement
under subsection (b), the Attorney General shall provide notice
of the determination under subsection (b) and a copy of the
executive agreement to Congress, including—
‘‘(A) the Committee on the Judiciary and the Committee on Foreign Relations of the Senate; and
‘‘(B) the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives.
‘‘(2) ENTRY INTO FORCE.—An executive agreement that is
determined and certified by the Attorney General to satisfy
the requirements of this section shall enter into force not earlier
than the date that is 180 days after the date on which notice
is provided under paragraph (1), unless Congress enacts a
joint resolution of disapproval in accordance with paragraph
(4).
‘‘(3) REQUESTS FOR INFORMATION.—Upon request by the
Chairman or Ranking Member of a congressional committee
described in paragraph (1), the head of an agency shall promptly
furnish a summary of factors considered in determining that
the foreign government satisfies the requirements of this section.
‘‘(4) CONGRESSIONAL REVIEW.—

H. R. 1625—874
‘‘(A) JOINT RESOLUTION DEFINED.—In this paragraph,
the term ‘joint resolution’ means only a joint resolution—
‘‘(i) introduced during the 180-day period described
in paragraph (2);
‘‘(ii) which does not have a preamble;
‘‘(iii) the title of which is as follows: ‘Joint resolution disapproving the executive agreement signed by
the United States and ll.’, the blank space being
appropriately filled in; and
‘‘(iv) the matter after the resolving clause of which
is as follows: ‘That Congress disapproves the executive
agreement governing access by lll to certain electronic data as submitted by the Attorney General on
lll’, the blank spaces being appropriately filled in.
‘‘(B) JOINT RESOLUTION ENACTED.—Notwithstanding
any other provision of this section, if not later than 180
days after the date on which notice is provided to Congress
under paragraph (1), there is enacted into law a joint
resolution disapproving of an executive agreement under
this section, the executive agreement shall not enter into
force.
‘‘(C) INTRODUCTION.—During the 180-day period
described in subparagraph (B), a joint resolution of disapproval may be introduced—
‘‘(i) in the House of Representatives, by the
majority leader or the minority leader; and
‘‘(ii) in the Senate, by the majority leader (or the
majority leader’s designee) or the minority leader (or
the minority leader’s designee).
‘‘(5) FLOOR CONSIDERATION IN HOUSE OF REPRESENTATIVES.—If a committee of the House of Representatives to which
a joint resolution of disapproval has been referred has not
reported the joint resolution within 120 days after the date
of referral, that committee shall be discharged from further
consideration of the joint resolution.
‘‘(6) CONSIDERATION IN THE SENATE.—
‘‘(A) COMMITTEE REFERRAL.—A joint resolution of disapproval introduced in the Senate shall be referred
jointly—
‘‘(i) to the Committee on the Judiciary; and
‘‘(ii) to the Committee on Foreign Relations.
‘‘(B) REPORTING AND DISCHARGE.—If a committee to
which a joint resolution of disapproval was referred has
not reported the joint resolution within 120 days after
the date of referral of the joint resolution, that committee
shall be discharged from further consideration of the joint
resolution and the joint resolution shall be placed on the
appropriate calendar.
‘‘(C) PROCEEDING TO CONSIDERATION.—It is in order
at any time after both the Committee on the Judiciary
and the Committee on Foreign Relations report a joint
resolution of disapproval to the Senate or have been discharged from consideration of such a joint resolution (even
though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of
the joint resolution, and all points of order against the

H. R. 1625—875
joint resolution (and against consideration of the joint resolution) are waived. The motion is not debatable or subject
to a motion to postpone. A motion to reconsider the vote
by which the motion is agreed to or disagreed to shall
not be in order.
‘‘(D) CONSIDERATION IN THE SENATE.—In the Senate,
consideration of the joint resolution, and on all debatable
motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided
equally between those favoring and those opposing the
joint resolution. A motion further to limit debate is in
order and not debatable. An amendment to, or a motion
to postpone, or a motion to proceed to the consideration
of other business, or a motion to recommit the joint resolution is not in order.
‘‘(E) CONSIDERATION OF VETO MESSAGES.—Debate in
the Senate of any veto message with respect to a joint
resolution of disapproval, including all debatable motions
and appeals in connection with the joint resolution, shall
be limited to 10 hours, to be equally divided between,
and controlled by, the majority leader and the minority
leader or their designees.
‘‘(7) RULES RELATING TO SENATE AND HOUSE OF REPRESENTATIVES.—
‘‘(A) TREATMENT OF SENATE JOINT RESOLUTION IN
HOUSE.—In the House of Representatives, the following
procedures shall apply to a joint resolution of disapproval
received from the Senate (unless the House has already
passed a joint resolution relating to the same proposed
action):
‘‘(i) The joint resolution shall be referred to the
appropriate committees.
‘‘(ii) If a committee to which a joint resolution
has been referred has not reported the joint resolution
within 7 days after the date of referral, that committee
shall be discharged from further consideration of the
joint resolution.
‘‘(iii) Beginning on the third legislative day after
each committee to which a joint resolution has been
referred reports the joint resolution to the House or
has been discharged from further consideration thereof,
it shall be in order to move to proceed to consider
the joint resolution in the House. All points of order
against the motion are waived. Such a motion shall
not be in order after the House has disposed of a
motion to proceed on the joint resolution. The previous
question shall be considered as ordered on the motion
to its adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider the
vote by which the motion is disposed of shall not be
in order.
‘‘(iv) The joint resolution shall be considered as
read. All points of order against the joint resolution
and against its consideration are waived. The previous
question shall be considered as ordered on the joint
resolution to final passage without intervening motion
except 2 hours of debate equally divided and controlled

H. R. 1625—876
by the sponsor of the joint resolution (or a designee)
and an opponent. A motion to reconsider the vote on
passage of the joint resolution shall not be in order.
‘‘(B) TREATMENT OF HOUSE JOINT RESOLUTION IN
SENATE.—
‘‘(i) If, before the passage by the Senate of a joint
resolution of disapproval, the Senate receives an identical joint resolution from the House of Representatives, the following procedures shall apply:
‘‘(I) That joint resolution shall not be referred
to a committee.
‘‘(II) With respect to that joint resolution—
‘‘(aa) the procedure in the Senate shall
be the same as if no joint resolution had been
received from the House of Representatives;
but
‘‘(bb) the vote on passage shall be on the
joint resolution from the House of Representatives.
‘‘(ii) If, following passage of a joint resolution of
disapproval in the Senate, the Senate receives an identical joint resolution from the House of Representatives, that joint resolution shall be placed on the appropriate Senate calendar.
‘‘(iii) If a joint resolution of disapproval is received
from the House, and no companion joint resolution
has been introduced in the Senate, the Senate procedures under this subsection shall apply to the House
joint resolution.
‘‘(C) APPLICATION TO REVENUE MEASURES.—The provisions of this paragraph shall not apply in the House of
Representatives to a joint resolution of disapproval that
is a revenue measure.
‘‘(8) RULES OF HOUSE OF REPRESENTATIVES AND SENATE.—
This subsection is enacted by Congress—
‘‘(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively, and
as such is deemed a part of the rules of each House,
respectively, and supersedes other rules only to the extent
that it is inconsistent with such rules; and
‘‘(B) with full recognition of the constitutional right
of either House to change the rules (so far as relating
to the procedure of that House) at any time, in the same
manner, and to the same extent as in the case of any
other rule of that House.
‘‘(e) RENEWAL OF DETERMINATION.—
‘‘(1) IN GENERAL.—The Attorney General, with the concurrence of the Secretary of State, shall review and may renew
a determination under subsection (b) every 5 years.
‘‘(2) REPORT.—Upon renewing a determination under subsection (b), the Attorney General shall file a report with the
Committee on the Judiciary and the Committee on Foreign
Relations of the Senate and the Committee on the Judiciary
and the Committee on Foreign Affairs of the House of Representatives describing—
‘‘(A) the reasons for the renewal;

H. R. 1625—877
‘‘(B) any substantive changes to the agreement or to
the relevant laws or procedures of the foreign government
since the original determination or, in the case of a second
or subsequent renewal, since the last renewal; and
‘‘(C) how the agreement has been implemented and
what problems or controversies, if any, have arisen as
a result of the agreement or its implementation.
‘‘(3) NONRENEWAL.—If a determination is not renewed
under paragraph (1), the agreement shall no longer be considered to satisfy the requirements of this section.
‘‘(f) REVISIONS TO AGREEMENT.—A revision to an agreement
under this section shall be treated as a new agreement for purposes
of this section and shall be subject to the certification requirement
under subsection (b), and to the procedures under subsection (d),
except that for purposes of a revision to an agreement—
‘‘(1) the applicable time period under paragraphs (2),
(4)(A)(i), (4)(B), and (4)(C) of subsection (d) shall be 90 days
after the date notice is provided under subsection (d)(1); and
‘‘(2) the applicable time period under paragraphs (5) and
(6)(B) of subsection (d) shall be 60 days after the date notice
is provided under subsection (d)(1).
‘‘(g) PUBLICATION.—Any determination or certification under
subsection (b) regarding an executive agreement under this section,
including any termination or renewal of such an agreement, shall
be published in the Federal Register as soon as is reasonably
practicable.
‘‘(h) MINIMIZATION PROCEDURES.—A United States authority
that receives the content of a communication described in subsection
(b)(4)(H) from a foreign government in accordance with an executive
agreement under this section shall use procedures that, to the
maximum extent possible, meet the definition of minimization
procedures in section 101 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801) to appropriately protect nonpublicly
available information concerning United States persons.’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of sections
for chapter 119 of title 18, United States Code, is amended by
inserting after the item relating to section 2522 the following:
‘‘2523. Executive agreements on access to data by foreign governments.’’.
SEC. 106. RULE OF CONSTRUCTION.

Nothing in this division, or the amendments made by this
division, shall be construed to preclude any foreign authority from
obtaining assistance in a criminal investigation or prosecution
pursuant to section 3512 of title 18, United States Code, section

H. R. 1625—878
1782 of title 28, United States Code, or as otherwise provided
by law.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.