U:\2018REPT\OMNI\Final\RCP—FM.xml MARCH ll, 2018 RULES COMMITTEE PRINT 115–66 TEXT OF THE HOUSE AMENDMENT SENATE AMENDMENT TO TO THE H.R. 1625 [Showing the text of the Consolidated Appropriations Act, 2018.] In lieu of the matter proposed to be inserted by the Senate, insert the following: 1 SECTION 1. SHORT TITLE. 2 This Act may be cited as the ‘‘Consolidated Appro- 3 priations Act, 2018’’. 4 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 Title Title Title Title Title Title I—Agricultural Programs II—Farm Production and Conservation Programs III—Rural Development Programs IV—Domestic Food Programs V—Foreign Assistance and Related Programs VI—Related Agencies and Food and Drug Administration VII—General Provisions DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018 Title I—Department of Commerce Title II—Department of Justice March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 2 Title III—Science Title IV—Related Agencies Title V—General Provisions DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2018 Title Title Title Title Title Title Title Title Title I—Military Personnel II—Operation and Maintenance III—Procurement IV—Research, Development, Test and Evaluation V—Revolving and Management Funds VI—Other Department of Defense Programs VII—Related Agencies VIII—General Provisions IX—Overseas Contingency Operations DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2018 Title Title Title Title Title I—Corps of Engineers—Civil II—Department of the Interior III—Department of Energy IV—Independent Agencies V—General Provisions DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2018 Title I—Department of the Treasury Title II—Executive Office of the President and Funds Appropriated to the President Title III—The Judiciary Title IV—District of Columbia Title V—Independent Agencies Title VI—General Provisions—This Act Title VII—General Provisions—Government-wide Title VIII—General Provisions—District of Columbia DIVISION F—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2018 Title Title Title Title Title I—Departmental Management, Operations, Intelligence, and Oversight II—Security, Enforcement, and Investigations III—Protection, Preparedness, Response, and Recovery IV—Research, Development, Training, and Services 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 March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 3 Title IV—General Provisions DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018 Title Title Title Title Title I—Department of Labor II—Department of Health and Human Services III—Department of Education IV—Related Agencies 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 Title Title Title Title I—Department of Defense II—Department of Veterans Affairs III—Related Agencies IV—Overseas Contingency Operations V—General Provisions DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2018 Title Title Title Title Title Title Title Title I—Department of State and Related Agency II—United States Agency for International Development III—Bilateral Economic Assistance IV—International Security Assistance V—Multilateral Assistance VI—Export and Investment Assistance VII—General Provisions VIII—Overseas Contingency Operations/Global War on Terrorism DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018 Title Title Title Title I—Department of Transportation II—Department of Housing and Urban Development III—Related Agencies IV—General Provisions—This Act DIVISION M—EXTENSIONS Title Title Title Title Title Title Title 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 March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 4 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 DIVISION S—OTHER MATTER Title Title Title Title Title Title Title Title Title Title Title Title Title 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 1 SEC. 3. REFERENCES. 2 Except as expressly provided otherwise, any reference 3 to ‘‘this Act’’ contained in any division of this Act shall 4 be treated as referring only to the provisions of that divi5 sion. 6 SEC. 4. EXPLANATORY STATEMENT. 7 The explanatory statement regarding this Act, print- 8 ed in the House section of the Congressional Record on 9 or about March 22, 2018, and submitted by the Chairman 10 of the Committee on Appropriations of the House, shall 11 have the same effect with respect to the allocation of funds March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 5 1 and implementation of divisions A through L of this Act 2 as if it were a joint explanatory statement of a committee 3 of conference. 4 SEC. 5. STATEMENT OF APPROPRIATIONS. 5 The following sums in this Act are appropriated, out 6 of any money in the Treasury not otherwise appropriated, 7 for the fiscal year ending September 30, 2018. 8 SEC. 6. AVAILABILITY OF FUNDS. 9 Each amount designated in this Act by the Congress 10 for Overseas Contingency Operations/Global War on Ter11 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985 13 shall be available (or rescinded, if applicable) only if the 14 President subsequently so designates all such amounts 15 and transmits such designations to the Congress. 16 SEC. 7. ADJUSTMENTS TO COMPENSATION. 17 (a) Notwithstanding any other provision of law, no 18 adjustment shall be made under section 601(a) of the Leg19 islative Reorganization Act of 1946 (2 U.S.C. 4501) (re20 lating to cost of living adjustments for Members of Con21 gress) during fiscal year 2018. 22 (b) There is appropriated for payment to Emily 23 Robin Minerva, heir of Louise McIntosh Slaughter, late 24 a Representative from the State of New York, $174,000. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 6 1 DIVISION A—AGRICULTURE, RURAL DE2 VELOPMENT, FOOD AND DRUG ADMIN- 3 ISTRATION, AND RELATED AGENCIES 4 APPROPRIATIONS ACT, 2018 5 TITLE I 6 AGRICULTURAL PROGRAMS 7 PROCESSING, RESEARCH 8 OFFICE 9 10 OF THE AND MARKETING SECRETARY (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Office of the Secretary, 11 $46,532,000, of which not to exceed $5,051,000 shall be 12 available for the immediate Office of the Secretary; not 13 to exceed $800,000 shall be available for the Office of the 14 Assistant to the Secretary for Rural Development: Pro15 vided, That funds made available by this Act to an agency 16 in the Rural Development mission area for salaries and 17 expenses are available to fund up to one administrative 18 support staff for the Office; not to exceed $1,496,000 shall 19 be available for the Office of Homeland Security; not to 20 exceed $4,711,000 shall be available for the Office of Part21 nerships and Public Engagement; not to exceed 22 $23,105,000 shall be available for the Office of the Assist23 ant Secretary for Administration, of which $22,301,000 24 shall be available for Departmental Administration to pro25 vide for necessary expenses for management support serv- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 7 1 ices to offices of the Department and for general adminis2 tration, security, repairs and alterations, and other mis3 cellaneous supplies and expenses not otherwise provided 4 for and necessary for the practical and efficient work of 5 the Department: Provided further, That funds made avail6 able by this Act to an agency in the Administration mis7 sion area for salaries and expenses are available to fund 8 up to one administrative support staff for the Office; not 9 to exceed $3,869,000 shall be available for the Office of 10 Assistant Secretary for Congressional Relations to carry 11 out the programs funded by this Act, including programs 12 involving intergovernmental affairs and liaison within the 13 executive branch; and not to exceed $7,500,000 shall be 14 available for the Office of Communications: Provided fur15 ther, That the Secretary of Agriculture is authorized to 16 transfer funds appropriated for any office of the Office 17 of the Secretary to any other office of the Office of the 18 Secretary: Provided further, That no appropriation for any 19 office shall be increased or decreased by more than 5 per20 cent: Provided further, That not to exceed $11,000 of the 21 amount made available under this paragraph for the im22 mediate Office of the Secretary shall be available for offi23 cial reception and representation expenses, not otherwise 24 provided for, as determined by the Secretary: Provided 25 further, That the amount made available under this head- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 8 1 ing for Departmental Administration shall be reimbursed 2 from applicable appropriations in this Act for travel ex3 penses incident to the holding of hearings as required by 4 5 U.S.C. 551–558: Provided further, That funds made 5 available under this heading for the Office of the Assistant 6 Secretary for Congressional Relations may be transferred 7 to agencies of the Department of Agriculture funded by 8 this Act to maintain personnel at the agency level: Pro9 vided further, That no funds made available under this 10 heading for the Office of Assistant Secretary for Congres11 sional Relations may be obligated after 30 days from the 12 date of enactment of this Act, unless the Secretary has 13 notified the Committees on Appropriations of both Houses 14 of Congress on the allocation of these funds by USDA 15 agency. 16 EXECUTIVE OPERATIONS 17 OFFICE OF THE CHIEF ECONOMIST 18 For necessary expenses of the Office of the Chief 19 Economist, $19,786,000, of which $4,000,000 shall be for 20 grants or cooperative agreements for policy research under 21 7 U.S.C. 3155. 22 23 OFFICE OF HEARINGS AND APPEALS For necessary expenses of the Office of Hearings and 24 Appeals, $15,222,000. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 9 1 OFFICE OF BUDGET AND PROGRAM ANALYSIS 2 For necessary expenses of the Office of Budget and 3 Program Analysis, $9,525,000. 4 OFFICE 5 For necessary expenses of the Office of the Chief In- OF THE CHIEF INFORMATION OFFICER 6 formation Officer, $58,950,000, of which not less than 7 $33,000,000 is for cybersecurity requirements of the de8 partment. 9 OFFICE 10 OF THE CHIEF FINANCIAL OFFICER For necessary expenses of the Office of the Chief Fi- 11 nancial Officer, $6,028,000. 12 OFFICE OF THE ASSISTANT SECRETARY 13 14 FOR CIVIL RIGHTS For necessary expenses of the Office of the Assistant 15 Secretary for Civil Rights, $901,000: Provided, That 16 funds made available by this Act to an agency in the Civil 17 Rights mission area for salaries and expenses are available 18 to fund up to one administrative support staff for the Of19 fice. 20 21 OFFICE CIVIL RIGHTS For necessary expenses of the Office of Civil Rights, 22 $24,206,000. March 21, 2018 (6:08 p.m.) OF U:\2018REPT\OMNI\Final\RCP—FM.xml 10 1 2 3 AGRICULTURE BUILDINGS AND FACILITIES (INCLUDING TRANSFERS OF FUNDS) For payment of space rental and related costs pursu- 4 ant to Public Law 92–313, including authorities pursuant 5 to the 1984 delegation of authority from the Adminis6 trator of General Services to the Department of Agri7 culture under 40 U.S.C. 121, for programs and activities 8 of the Department which are included in this Act, and for 9 alterations and other actions needed for the Department 10 and its agencies to consolidate unneeded space into con11 figurations suitable for release to the Administrator of 12 General Services, and for the operation, maintenance, im13 provement, and repair of Agriculture buildings and facili14 ties, and for related costs, $64,414,000, to remain avail15 able until expended. 16 HAZARDOUS MATERIALS MANAGEMENT 17 (INCLUDING TRANSFERS OF FUNDS) 18 For necessary expenses of the Department of Agri- 19 culture, to comply with the Comprehensive Environmental 20 Response, Compensation, and Liability Act (42 U.S.C. 21 9601 et seq.) and the Resource Conservation and Recovery 22 Act (42 U.S.C. 6901 et seq.), $3,503,000, to remain avail23 able until expended: Provided, That appropriations and 24 funds available herein to the Department for Hazardous 25 Materials Management may be transferred to any agency March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 11 1 of the Department for its use in meeting all requirements 2 pursuant to the above Acts on Federal and non-Federal 3 lands. 4 5 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 6 General, including employment pursuant to the Inspector 7 General Act of 1978 (Public Law 95–452; 5 U.S.C. App.), 8 $98,208,000, including such sums as may be necessary for 9 contracting and other arrangements with public agencies 10 and private persons pursuant to section 6(a)(9) of the In11 spector General Act of 1978 (Public Law 95–452; 5 12 U.S.C. App.), and including not to exceed $125,000 for 13 certain confidential operational expenses, including the 14 payment of informants, to be expended under the direction 15 of the Inspector General pursuant to the Inspector Gen16 eral Act of 1978 (Public Law 95–452; 5 U.S.C. App.) and 17 section 1337 of the Agriculture and Food Act of 1981 18 (Public Law 97–98). 19 20 OFFICE OF THE GENERAL COUNSEL For necessary expenses of the Office of the General 21 Counsel, $44,546,000. 22 23 OFFICE ETHICS For necessary expenses of the Office of Ethics, 24 $4,136,000. March 21, 2018 (6:08 p.m.) OF U:\2018REPT\OMNI\Final\RCP—FM.xml 12 1 OFFICE 2 3 OF THE UNDER SECRETARY EDUCATION, AND FOR RESEARCH, ECONOMICS For necessary expenses of the Office of the Under 4 Secretary for Research, Education, and Economics, 5 $800,000: Provided, That funds made available by this 6 Act to an agency in the Research, Education, and Eco7 nomics mission area for salaries and expenses are avail8 able to fund up to one administrative support staff for 9 the Office. 10 11 ECONOMIC RESEARCH SERVICE For necessary expenses of the Economic Research 12 Service, $86,757,000. 13 NATIONAL AGRICULTURAL STATISTICS SERVICE 14 For necessary expenses of the National Agricultural 15 Statistics Service, $191,717,000, of which up to 16 $63,350,000 shall be available until expended for the Cen17 sus of Agriculture: Provided, That amounts made available 18 for the Census of Agriculture may be used to conduct Cur19 rent Industrial Report surveys subject to 7 U.S.C. 20 2204g(d) and (f). 21 AGRICULTURAL RESEARCH SERVICE 22 SALARIES AND EXPENSES 23 For necessary expenses of the Agricultural Research 24 Service and for acquisition of lands by donation, exchange, 25 or purchase at a nominal cost not to exceed $100, and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 13 1 for land exchanges where the lands exchanged shall be of 2 equal value or shall be equalized by a payment of money 3 to the grantor which shall not exceed 25 percent of the 4 total value of the land or interests transferred out of Fed5 eral ownership, $1,202,766,000: Provided, That appro6 priations hereunder shall be available for the operation 7 and maintenance of aircraft and the purchase of not to 8 exceed one for replacement only: Provided further, That 9 appropriations hereunder shall be available pursuant to 7 10 U.S.C. 2250 for the construction, alteration, and repair 11 of buildings and improvements, but unless otherwise pro12 vided, the cost of constructing any one building shall not 13 exceed $500,000, except for headhouses or greenhouses 14 which shall each be limited to $1,800,000, except for 10 15 buildings to be constructed or improved at a cost not to 16 exceed $1,100,000 each, and except for two buildings to 17 be constructed at a cost not to exceed $3,000,000 each, 18 and the cost of altering any one building during the fiscal 19 year shall not exceed 10 percent of the current replace20 ment value of the building or $500,000, whichever is 21 greater: Provided further, That appropriations hereunder 22 shall be available for entering into lease agreements at any 23 Agricultural Research Service location for the construction 24 of a research facility by a non-Federal entity for use by 25 the Agricultural Research Service and a condition of the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 14 1 lease shall be that any facility shall be owned, operated, 2 and maintained by the non-Federal entity and shall be re3 moved upon the expiration or termination of the lease 4 agreement: Provided further, That the limitations on alter5 ations contained in this Act shall not apply to moderniza6 tion or replacement of existing facilities at Beltsville, 7 Maryland: Provided further, That appropriations here8 under shall be available for granting easements at the 9 Beltsville Agricultural Research Center: Provided further, 10 That the foregoing limitations shall not apply to replace11 ment of buildings needed to carry out the Act of April 12 24, 1948 (21 U.S.C. 113a): Provided further, That appro13 priations hereunder shall be available for granting ease14 ments at any Agricultural Research Service location for 15 the construction of a research facility by a non-Federal 16 entity for use by, and acceptable to, the Agricultural Re17 search Service and a condition of the easements shall be 18 that upon completion the facility shall be accepted by the 19 Secretary, subject to the availability of funds herein, if the 20 Secretary finds that acceptance of the facility is in the 21 interest of the United States: Provided further, That funds 22 may be received from any State, other political subdivi23 sion, organization, or individual for the purpose of estab24 lishing or operating any research facility or research March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 15 1 project of the Agricultural Research Service, as authorized 2 by law. 3 4 BUILDINGS AND FACILITIES For the acquisition of land, construction, repair, im- 5 provement, extension, alteration, and purchase of fixed 6 equipment or facilities as necessary to carry out the agri7 cultural research programs of the Department of Agri8 culture, where not otherwise provided, $140,600,000 to re9 main available until expended. 10 11 12 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION ACTIVITIES For payments to agricultural experiment stations, for 13 cooperative forestry and other research, for facilities, and 14 for other expenses, $887,171,000, which shall be for the 15 purposes, and in the amounts, specified in the table titled 16 ‘‘National Institute of Food and Agriculture, Research 17 and Education Activities’’ in the explanatory statement 18 described in section 4 (in the matter preceding division 19 A of this consolidated Act): Provided, That funds for re20 search grants for 1994 institutions, education grants for 21 1890 institutions, capacity building for non-land-grant 22 colleges of agriculture, the agriculture and food research 23 initiative, veterinary medicine loan repayment, multicul24 tural scholars, graduate fellowship and institution chal25 lenge grants, and grants management systems shall re- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 16 1 main available until expended: Provided further, That each 2 institution eligible to receive funds under the Evans-Allen 3 program receives no less than $1,000,000: Provided fur4 ther, That funds for education grants for Alaska Native 5 and Native Hawaiian-serving institutions be made avail6 able to individual eligible institutions or consortia of eligi7 ble institutions with funds awarded equally to each of the 8 States of Alaska and Hawaii: Provided further, That funds 9 for education grants for 1890 institutions shall be made 10 available to institutions eligible to receive funds under 7 11 U.S.C. 3221 and 3222: Provided further, That not more 12 than 5 percent of the amounts made available by this or 13 any other Act to carry out the Agriculture and Food Re14 search Initiative under 7 U.S.C. 450i(b) may be retained 15 by the Secretary of Agriculture to pay administrative costs 16 incurred by the Secretary in carrying out that authority. 17 18 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND For the Native American Institutions Endowment 19 Fund authorized by Public Law 103–382 (7 U.S.C. 301 20 note), $11,880,000, to remain available until expended. 21 22 EXTENSION ACTIVITIES For payments to States, the District of Columbia, 23 Puerto Rico, Guam, the Virgin Islands, Micronesia, the 24 Northern Marianas, and American Samoa, $483,626,000, 25 which shall be for the purposes, and in the amounts, speci- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 17 1 fied in the table titled ‘‘National Institute of Food and 2 Agriculture, Extension Activities’’ in the explanatory 3 statement described in section 4 (in the matter preceding 4 division A of this consolidated Act): Provided, That funds 5 for facility improvements at 1890 institutions shall remain 6 available until expended: Provided further, That institu7 tions eligible to receive funds under 7 U.S.C. 3221 for co8 operative extension receive no less than $1,000,000: Pro9 vided further, That funds for cooperative extension under 10 sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 11 343(b) and (c)) and section 208(c) of Public Law 93–471 12 shall be available for retirement and employees’ compensa13 tion costs for extension agents. 14 15 INTEGRATED ACTIVITIES For the integrated research, education, and extension 16 grants programs, including necessary administrative ex17 penses, $37,000,000, which shall be for the purposes, and 18 in the amounts, specified in the table titled ‘‘National In19 stitute of Food and Agriculture, Integrated Activities’’ in 20 the explanatory statement described in section 4 (in the 21 matter preceding division A of this consolidated Act): Pro22 vided, That funds for the Food and Agriculture Defense 23 Initiative shall remain available until September 30, 2019: 24 Provided further, That notwithstanding any other provi25 sion of law, indirect costs shall not be charged against any March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 18 1 Extension Implementation Program Area grant awarded 2 under the Crop Protection/Pest Management Program (7 3 U.S.C. 7626). 4 OFFICE OF THE 5 AND 6 UNDER SECRETARY FOR MARKETING REGULATORY PROGRAMS For necessary expenses of the Office of the Under 7 Secretary for Marketing and Regulatory Programs, 8 $901,000: Provided, That funds made available by this 9 Act to an agency in the Marketing and Regulatory Pro10 grams mission area for salaries and expenses are available 11 to fund up to one administrative support staff for the Of12 fice. 13 ANIMAL AND PLANT HEALTH INSPECTION SERVICE 14 SALARIES AND EXPENSES 15 (INCLUDING TRANSFERS OF FUNDS) 16 For necessary expenses of the Animal and Plant 17 Health Inspection Service, including up to $30,000 for 18 representation allowances and for expenses pursuant to 19 the Foreign Service Act of 1980 (22 U.S.C. 4085), 20 $981,893,000, of which $470,000, to remain available 21 until expended, shall be available for the control of out22 breaks of insects, plant diseases, animal diseases and for 23 control of pest animals and birds (‘‘contingency fund’’) to 24 the extent necessary to meet emergency conditions; of 25 which $11,520,000, to remain available until expended, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 19 1 shall be used for the cotton pests program for cost share 2 purposes or for debt retirement for active eradication 3 zones; of which $37,857,000, to remain available until ex4 pended, shall be for Animal Health Technical Services; of 5 which $705,000 shall be for activities under the authority 6 of the Horse Protection Act of 1970, as amended (15 7 U.S.C. 1831); of which $62,840,000, to remain available 8 until expended, shall be used to support avian health; of 9 which $4,251,000, to remain available until expended, 10 shall be for information technology infrastructure; of 11 which $178,170,000, to remain available until expended, 12 shall be for specialty crop pests; of which, $9,326,000, to 13 remain available until expended, shall be for field crop and 14 rangeland ecosystem pests; of which $16,523,000, to re15 main available until expended, shall be for zoonotic disease 16 management; of which $40,966,000, to remain available 17 until expended, shall be for emergency preparedness and 18 response; of which $56,000,000, to remain available until 19 expended, shall be for tree and wood pests; of which 20 $5,725,000, to remain available until expended, shall be 21 for the National Veterinary Stockpile; of which up to 22 $1,500,000, to remain available until expended, shall be 23 for the scrapie program for indemnities; of which 24 $2,500,000, to remain available until expended, shall be 25 for the wildlife damage management program for aviation March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 20 1 safety: Provided, That of amounts available under this 2 heading for wildlife services methods development, 3 $1,000,000 shall remain available until expended: Pro4 vided further, That of amounts available under this head5 ing for the screwworm program, $4,990,000 shall remain 6 available until expended; of which $3,000,000, to remain 7 available until expended, shall be for National Bio and 8 Agro-Defense human capital development: Provided fur9 ther, That no funds shall be used to formulate or admin10 ister a brucellosis eradication program for the current fis11 cal year that does not require minimum matching by the 12 States of at least 40 percent: Provided further, That this 13 appropriation shall be available for the operation and 14 maintenance of aircraft and the purchase of not to exceed 15 five, of which two shall be for replacement only: Provided 16 further, That in addition, in emergencies which threaten 17 any segment of the agricultural production industry of the 18 United States, the Secretary may transfer from other ap19 propriations or funds available to the agencies or corpora20 tions of the Department such sums as may be deemed nec21 essary, to be available only in such emergencies for the 22 arrest and eradication of contagious or infectious disease 23 or pests of animals, poultry, or plants, and for expenses 24 in accordance with sections 10411 and 10417 of the Ani25 mal Health Protection Act (7 U.S.C. 8310 and 8316) and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 21 1 sections 431 and 442 of the Plant Protection Act (7 2 U.S.C. 7751 and 7772), and any unexpended balances of 3 funds transferred for such emergency purposes in the pre4 ceding fiscal year shall be merged with such transferred 5 amounts: Provided further, That appropriations hereunder 6 shall be available pursuant to law (7 U.S.C. 2250) for the 7 repair and alteration of leased buildings and improve8 ments, but unless otherwise provided the cost of altering 9 any one building during the fiscal year shall not exceed 10 10 percent of the current replacement value of the build11 ing. 12 In fiscal year 2018, the agency is authorized to collect 13 fees to cover the total costs of providing technical assist14 ance, goods, or services requested by States, other political 15 subdivisions, domestic and international organizations, 16 foreign governments, or individuals, provided that such 17 fees are structured such that any entity’s liability for such 18 fees is reasonably based on the technical assistance, goods, 19 or services provided to the entity by the agency, and such 20 fees shall be reimbursed to this account, to remain avail21 able until expended, without further appropriation, for 22 providing such assistance, goods, or services. 23 24 BUILDINGS AND FACILITIES For plans, construction, repair, preventive mainte- 25 nance, environmental support, improvement, extension, al- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 22 1 teration, and purchase of fixed equipment or facilities, as 2 authorized by 7 U.S.C. 2250, and acquisition of land as 3 authorized by 7 U.S.C. 428a, $3,175,000, to remain avail4 able until expended. 5 AGRICULTURAL MARKETING SERVICE 6 MARKETING SERVICES 7 For necessary expenses of the Agricultural Marketing 8 Service, $151,595,000, of which $3,000,000 shall be avail9 able for the purposes of section 12306 of Public Law 113– 10 79: Provided, That this appropriation shall be available 11 pursuant to law (7 U.S.C. 2250) for the alteration and 12 repair of buildings and improvements, but the cost of al13 tering any one building during the fiscal year shall not 14 exceed 10 percent of the current replacement value of the 15 building. 16 Fees may be collected for the cost of standardization 17 activities, as established by regulation pursuant to law (31 18 U.S.C. 9701). 19 20 LIMITATION ON ADMINISTRATIVE EXPENSES Not to exceed $61,227,000 (from fees collected) shall 21 be obligated during the current fiscal year for administra22 tive expenses: Provided, That if crop size is understated 23 and/or other uncontrollable events occur, the agency may 24 exceed this limitation by up to 10 percent with notification March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 23 1 to the Committees on Appropriations of both Houses of 2 Congress. 3 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND 4 SUPPLY (SECTION 32) 5 (INCLUDING TRANSFERS OF FUNDS) 6 Funds available under section 32 of the Act of Au- 7 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com8 modity program expenses as authorized therein, and other 9 related operating expenses, except for: (1) transfers to the 10 Department of Commerce as authorized by the Fish and 11 Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) trans12 fers otherwise provided in this Act; and (3) not more than 13 $20,705,000 for formulation and administration of mar14 keting agreements and orders pursuant to the Agricultural 15 Marketing Agreement Act of 1937 and the Agricultural 16 Act of 1961 (Public Law 87–128). 17 18 PAYMENTS TO STATES AND POSSESSIONS For payments to departments of agriculture, bureaus 19 and departments of markets, and similar agencies for 20 marketing activities under section 204(b) of the Agricul21 tural Marketing Act of 1946 (7 U.S.C. 1623(b)), 22 $1,235,000. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 24 1 LIMITATION ON INSPECTION AND WEIGHING SERVICES 2 EXPENSES 3 Not to exceed $55,000,000 (from fees collected) shall 4 be obligated during the current fiscal year for inspection 5 and weighing services: Provided, That if grain export ac6 tivities require additional supervision and oversight, or 7 other uncontrollable factors occur, this limitation may be 8 exceeded by up to 10 percent with notification to the Com9 mittees on Appropriations of both Houses of Congress. 10 OFFICE 11 OF THE UNDER SECRETARY FOR FOOD SAFETY For necessary expenses of the Office of the Under 12 Secretary for Food Safety, $800,000: Provided, That 13 funds made available by this Act to an agency in the Food 14 Safety mission area for salaries and expenses are available 15 to fund up to one administrative support staff for the Of16 fice. 17 18 FOOD SAFETY AND INSPECTION SERVICE For necessary expenses to carry out services author- 19 ized by the Federal Meat Inspection Act, the Poultry 20 Products Inspection Act, and the Egg Products Inspection 21 Act, including not to exceed $50,000 for representation 22 allowances and for expenses pursuant to section 8 of the 23 Act approved August 3, 1956 (7 U.S.C. 1766), 24 $1,056,844,000; and in addition, $1,000,000 may be cred25 ited to this account from fees collected for the cost of lab- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 25 1 oratory accreditation as authorized by section 1327 of the 2 Food, Agriculture, Conservation and Trade Act of 1990 3 (7 U.S.C. 138f): Provided, That funds provided for the 4 Public Health Data Communication Infrastructure system 5 shall remain available until expended: Provided further, 6 That no fewer than 148 full-time equivalent positions shall 7 be employed during fiscal year 2018 for purposes dedi8 cated solely to inspections and enforcement related to the 9 Humane Methods of Slaughter Act (7 U.S.C. 1901 et 10 seq.): Provided further, That not later than 180 days after 11 the date of enactment of this Act, the Food Safety and 12 Inspection Service shall issue equivalence determinations 13 for all countries wishing to continue exporting 14 Siluriformes to the United States: Provided further, That 15 unless the requirements pursuant to the previous proviso 16 have been met, thereafter, none of the funds made avail17 able by this or any other Act may be used to inspect, at 18 point of entry, Siluriformes from countries exporting to 19 the United States until all requirements under section 20 557.2 of title 9, Code of Federal Regulations have been 21 met and a final determination of equivalence final rule has 22 been published in the Federal Register adding such coun23 tries to the list under section 327.2 of title 9, Code of 24 Federal Regulations: Provided further, That of the funds 25 made available under this heading, $7,500,000 shall re- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 26 1 main available until expended for public health veteri2 narian recruitment and retention incentives: Provided fur3 ther, That this appropriation shall be available pursuant 4 to law (7 U.S.C. 2250) for the alteration and repair of 5 buildings and improvements, but the cost of altering any 6 one building during the fiscal year shall not exceed 10 per7 cent of the current replacement value of the building. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 27 1 TITLE II 2 FARM PRODUCTION AND CONSERVATION 3 PROGRAMS 4 OFFICE 5 OF THE UNDER SECRETARY PRODUCTION 6 AND FOR FARM CONSERVATION For necessary expenses of the Office of the Under 7 Secretary for Farm Production and Conservation, 8 $901,000: Provided, That funds made available by this 9 Act to an agency in the Farm Production and Conserva10 tion mission area for salaries and expenses are available 11 to fund up to one administrative support staff for the Of12 fice. 13 14 15 FARM PRODUCTION AND CONSERVATION BUSINESS CENTER For necessary expenses of the Farm Production and 16 Conservation Business Center, $1,028,000, to remain 17 available until expended: Provided, That $145,000 of 18 amounts appropriated for the current fiscal year pursuant 19 to section 1241(a) of the Farm Security and Rural Invest20 ment Act of 1985 (16 U.S.C. 3841(a)) shall be transferred 21 to and merged with this account. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 28 1 FARM SERVICE AGENCY 2 SALARIES AND EXPENSES 3 (INCLUDING TRANSFERS OF FUNDS) 4 For necessary expenses of the Farm Service Agency, 5 $1,202,146,000: Provided, That not more than 50 percent 6 of the $78,013,000 made available under this heading for 7 information technology related to farm program delivery, 8 including the Modernize and Innovate the Delivery of Ag9 ricultural Systems and other farm program delivery sys10 tems, may be obligated until the Secretary submits to the 11 Committees on Appropriations of both Houses of Con12 gress, and receives written or electronic notification of re13 ceipt from such Committees of, a plan for expenditure that 14 (1) identifies for each project/investment over $25,000 (a) 15 the functional and performance capabilities to be delivered 16 and the mission benefits to be realized, (b) the estimated 17 lifecycle cost, including estimates for development as well 18 as maintenance and operations, and (c) key milestones to 19 be met; (2) demonstrates that each project/investment is, 20 (a) consistent with the Farm Service Agency Information 21 Technology Roadmap, (b) being managed in accordance 22 with applicable lifecycle management policies and guid23 ance, and (c) subject to the applicable Department’s cap24 ital planning and investment control requirements; and (3) 25 has been reviewed by the Government Accountability Of- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 29 1 fice and approved by the Committees on Appropriations 2 of both Houses of Congress: Provided further, That the 3 agency shall submit a report by the end of the fourth quar4 ter of fiscal year 2018 to the Committees on Appropria5 tions and the Government Accountability Office, that iden6 tifies for each project/investment that is operational (a) 7 current performance against key indicators of customer 8 satisfaction, (b) current performance of service level agree9 ments or other technical metrics, (c) current performance 10 against a pre-established cost baseline, (d) a detailed 11 breakdown of current and planned spending on oper12 ational enhancements or upgrades, and (e) an assessment 13 of whether the investment continues to meet business 14 needs as intended as well as alternatives to the investment: 15 Provided further, That the Secretary is authorized to use 16 the services, facilities, and authorities (but not the funds) 17 of the Commodity Credit Corporation to make program 18 payments for all programs administered by the Agency: 19 Provided further, That other funds made available to the 20 Agency for authorized activities may be advanced to and 21 merged with this account: Provided further, That funds 22 made available to county committees shall remain avail23 able until expended: Provided further, That none of the 24 funds available to the Farm Service Agency shall be used 25 to close Farm Service Agency county offices: Provided fur- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 30 1 ther, That none of the funds available to the Farm Service 2 Agency shall be used to permanently relocate county based 3 employees that would result in an office with two or fewer 4 employees without prior notification and approval of the 5 Committees on Appropriations of both Houses of Con6 gress. 7 8 STATE MEDIATION GRANTS For grants pursuant to section 502(b) of the Agricul- 9 tural Credit Act of 1987, as amended (7 U.S.C. 5101– 10 5106), $3,904,000. 11 12 GRASSROOTS SOURCE WATER PROTECTION PROGRAM For necessary expenses to carry out wellhead or 13 groundwater protection activities under section 1240O of 14 the Food Security Act of 1985 (16 U.S.C. 3839bb–2), 15 $6,500,000, to remain available until expended. 16 DAIRY INDEMNITY PROGRAM 17 (INCLUDING TRANSFER OF FUNDS) 18 For necessary expenses involved in making indemnity 19 payments to dairy farmers and manufacturers of dairy 20 products under a dairy indemnity program, such sums as 21 may be necessary, to remain available until expended: Pro22 vided, That such program is carried out by the Secretary 23 in the same manner as the dairy indemnity program de24 scribed in the Agriculture, Rural Development, Food and 25 Drug Administration, and Related Agencies Appropria- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 31 1 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A– 2 12). 3 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM 4 ACCOUNT 5 (INCLUDING TRANSFERS OF FUNDS) 6 For gross obligations for the principal amount of di- 7 rect and guaranteed farm ownership (7 U.S.C. 1922 et 8 seq.) and operating (7 U.S.C. 1941 et seq.) loans, emer9 gency loans (7 U.S.C. 1961 et seq.), Indian tribe land ac10 quisition loans (25 U.S.C. 488), boll weevil loans (7 11 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 12 1924 et seq.), and Indian highly fractionated land loans 13 (25 U.S.C. 488) to be available from funds in the Agricul14 tural Credit Insurance Fund, as follows: $2,750,000,000 15 for guaranteed farm ownership loans and $1,500,000,000 16 for farm ownership direct loans; $1,960,000,000 for un17 subsidized guaranteed operating loans and 18 $1,530,000,000 for direct operating loans; emergency 19 loans, $25,610,000; Indian tribe land acquisition loans, 20 $20,000,000; guaranteed conservation loans, 21 $150,000,000; Indian highly fractionated land loans, 22 $10,000,000; and for boll weevil eradication program 23 loans, $60,000,000: Provided, That the Secretary shall 24 deem the pink bollworm to be a boll weevil for the purpose 25 of boll weevil eradication program loans. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 32 1 For the cost of direct and guaranteed loans and 2 grants, including the cost of modifying loans as defined 3 in section 502 of the Congressional Budget Act of 1974, 4 as follows: farm operating loans, $61,812,000 for direct 5 operating loans, $21,756,000 for unsubsidized guaranteed 6 operating loans, emergency loans, $1,260,000 and 7 $2,272,000 for Indian highly fractionated land loans to 8 remain available until expended. 9 In addition, for administrative expenses necessary to 10 carry out the direct and guaranteed loan programs, 11 $325,068,000: Provided, That of this amount, 12 $314,998,000 shall be transferred to and merged with the 13 appropriation for ‘‘Farm Service Agency, Salaries and Ex14 penses’’, of which $8,000,000 shall be available until Sep15 tember 30, 2019. 16 Funds appropriated by this Act to the Agricultural 17 Credit Insurance Program Account for farm ownership, 18 operating and conservation direct loans and guaranteed 19 loans may be transferred among these programs: Pro20 vided, That the Committees on Appropriations of both 21 Houses of Congress are notified at least 15 days in ad22 vance of any transfer. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 33 1 RISK MANAGEMENT AGENCY 2 SALARIES AND EXPENSES 3 For necessary expenses of the Risk Management 4 Agency, $74,829,000: Provided, That not to exceed 5 $1,000 shall be available for official reception and rep6 resentation expenses, as authorized by 7 U.S.C. 1506(i). 7 NATURAL RESOURCES CONSERVATION SERVICE 8 CONSERVATION OPERATIONS 9 For necessary expenses for carrying out the provi- 10 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f), 11 including preparation of conservation plans and establish12 ment of measures to conserve soil and water (including 13 farm irrigation and land drainage and such special meas14 ures for soil and water management as may be necessary 15 to prevent floods and the siltation of reservoirs and to con16 trol agricultural related pollutants); operation of conserva17 tion plant materials centers; classification and mapping of 18 soil; dissemination of information; acquisition of lands, 19 water, and interests therein for use in the plant materials 20 program by donation, exchange, or purchase at a nominal 21 cost not to exceed $100 pursuant to the Act of August 22 3, 1956 (7 U.S.C. 428a); purchase and erection or alter23 ation or improvement of permanent and temporary build24 ings; and operation and maintenance of aircraft, 25 $874,107,000, to remain available until September 30, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 34 1 2019: Provided, That appropriations hereunder shall be 2 available pursuant to 7 U.S.C. 2250 for construction and 3 improvement of buildings and public improvements at 4 plant materials centers, except that the cost of alterations 5 and improvements to other buildings and other public im6 provements shall not exceed $250,000: Provided further, 7 That when buildings or other structures are erected on 8 non-Federal land, that the right to use such land is ob9 tained as provided in 7 U.S.C. 2250a: Provided further, 10 That of the amounts made available under this heading, 11 $5,600,000, shall remain available until expended for the 12 authorities under 16 U.S.C. 1001–1005 and 1007–1009 13 for authorized ongoing watershed projects with a primary 14 purpose of providing water to rural communities. 15 16 WATERSHED AND FLOOD PREVENTION OPERATIONS For necessary expenses to carry out preventive meas- 17 ures, including but not limited to surveys and investiga18 tions, engineering operations, works of improvement, and 19 changes in use of land, in accordance with the Watershed 20 Protection and Flood Prevention Act (16 U.S.C. 1001– 21 1005 and 1007–1009) and in accordance with the provi22 sions of laws relating to the activities of the Department, 23 $150,000,000, to remain available until expended: Pro24 vided, That for funds provided by this Act or any other 25 prior Act, the limitation regarding the size of the water- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 35 1 shed or subwatershed exceeding two hundred and fifty 2 thousand acres in which such activities can be undertaken 3 shall only apply for activities undertaken for the primary 4 purpose of flood prevention (including structural and land 5 treatment measures): Provided further, That of the 6 amounts made available under this heading, $50,000,000 7 shall be allocated to projects and activities that can com8 mence promptly following enactment; that address re9 gional priorities for flood prevention, agricultural water 10 management, inefficient irrigation systems, fish and wild11 life habitat, or watershed protection; or that address au12 thorized ongoing projects under the authorities of section 13 13 of the Flood Control Act of December 22, 1944 (Public 14 Law 78–534) with a primary purpose of watershed protec15 tion by preventing floodwater damage and stabilizing 16 stream channels, tributaries, and banks to reduce erosion 17 and sediment transport. 18 19 WATERSHED REHABILITATION PROGRAM Under the authorities of section 14 of the Watershed 20 Protection and Flood Prevention Act, $10,000,000 is pro21 vided: Provided, That of the amounts made available 22 under this heading, $5,000,000 shall remain available 23 until expended for watershed rehabilitation projects in 24 states with high-hazard dams and other watershed struc- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 36 1 tures and that have recently incurred flooding events 2 which caused fatalities. 3 4 CORPORATIONS The following corporations and agencies are hereby 5 authorized to make expenditures, within the limits of 6 funds and borrowing authority available to each such cor7 poration or agency and in accord with law, and to make 8 contracts and commitments without regard to fiscal year 9 limitations as provided by section 104 of the Government 10 Corporation Control Act as may be necessary in carrying 11 out the programs set forth in the budget for the current 12 fiscal year for such corporation or agency, except as here13 inafter provided. 14 15 FEDERAL CROP INSURANCE CORPORATION FUND For payments as authorized by section 516 of the 16 Federal Crop Insurance Act (7 U.S.C. 1516), such sums 17 as may be necessary, to remain available until expended. 18 COMMODITY CREDIT CORPORATION FUND 19 REIMBURSEMENT FOR NET REALIZED LOSSES 20 (INCLUDING TRANSFERS OF FUNDS) 21 For the current fiscal year, such sums as may be nec- 22 essary to reimburse the Commodity Credit Corporation for 23 net realized losses sustained, but not previously reim24 bursed, pursuant to section 2 of the Act of August 17, 25 1961 (15 U.S.C. 713a–11): Provided, That of the funds March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 37 1 available to the Commodity Credit Corporation under sec2 tion 11 of the Commodity Credit Corporation Charter Act 3 (15 U.S.C. 714i) for the conduct of its business with the 4 Foreign Agricultural Service, up to $5,000,000 may be 5 transferred to and used by the Foreign Agricultural Serv6 ice for information resource management activities of the 7 Foreign Agricultural Service that are not related to Com8 modity Credit Corporation business. 9 10 11 HAZARDOUS WASTE MANAGEMENT (LIMITATION ON EXPENSES) For the current fiscal year, the Commodity Credit 12 Corporation shall not expend more than $5,000,000 for 13 site investigation and cleanup expenses, and operations 14 and maintenance expenses to comply with the requirement 15 of section 107(g) of the Comprehensive Environmental 16 Response, Compensation, and Liability Act (42 U.S.C. 17 9607(g)), and section 6001 of the Resource Conservation 18 and Recovery Act (42 U.S.C. 6961). March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 38 1 TITLE III 2 RURAL DEVELOPMENT PROGRAMS 3 RURAL DEVELOPMENT 4 SALARIES AND EXPENSES 5 (INCLUDING TRANSFERS OF FUNDS) 6 For necessary expenses for carrying out the adminis- 7 tration and implementation of Rural Development pro8 grams, including activities with institutions concerning the 9 development and operation of agricultural cooperatives; 10 and for cooperative agreements; $230,835,000: Provided, 11 That notwithstanding any other provision of law, funds 12 appropriated under this heading may be used for adver13 tising and promotional activities that support Rural Devel14 opment programs: Provided further, That in addition to 15 any other funds appropriated for purposes authorized by 16 section 502(i) of the Housing Act of 1949 (42 U.S.C. 17 1472(i)), any amounts collected under such section, as 18 amended by this Act, will immediately be credited to this 19 account and will remain available until expended for such 20 purposes. 21 RURAL HOUSING SERVICE 22 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT 23 (INCLUDING TRANSFERS OF FUNDS) 24 For gross obligations for the principal amount of di- 25 rect and guaranteed loans as authorized by title V of the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 39 1 Housing Act of 1949, to be available from funds in the 2 rural housing insurance fund, as follows: $1,100,000,000 3 shall be for direct loans and $24,000,000,000 shall be for 4 unsubsidized guaranteed loans; $28,000,000 for section 5 504 housing repair loans; $40,000,000 for section 515 6 rental housing; $230,000,000 for section 538 guaranteed 7 multi-family housing loans; $10,000,000 for credit sales 8 of single family housing acquired property; $5,000,000 for 9 section 523 self-help housing land development loans; and 10 $5,000,000 for section 524 site development loans: Pro11 vided, That section 514(f)(3)(A) of the Housing Act of 12 1949 (42 U.S.C. 1484(f)(3)(A)) is amended by striking 13 ‘‘United States’’ and inserting ‘‘United States,’’ and by 14 inserting before the semicolon the following: ‘‘, or a person 15 legally admitted to the United States and authorized to 16 work in agriculture’’. 17 For the cost of direct and guaranteed loans, including 18 the cost of modifying loans, as defined in section 502 of 19 the Congressional Budget Act of 1974, as follows: section 20 502 loans, $42,350,000 shall be for direct loans; section 21 504 housing repair loans, $3,452,000; section 523 self22 help housing land development loans, $368,000; section 23 524 site development loans, $58,000; and repair, rehabili24 tation, and new construction of section 515 rental housing, 25 $10,524,000: Provided, That to support the loan program March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 40 1 level for section 538 guaranteed loans made available 2 under this heading the Secretary may charge or adjust 3 any fees to cover the projected cost of such loan guaran4 tees pursuant to the provisions of the Credit Reform Act 5 of 1990 (2 U.S.C. 661 et seq.), and the interest on such 6 loans may not be subsidized: Provided further, That appli7 cants in communities that have a current rural area waiv8 er under section 541 of the Housing Act of 1949 (42 9 U.S.C. 1490q) shall be treated as living in a rural area 10 for purposes of section 502 guaranteed loans provided 11 under this heading: Provided further, That of the amounts 12 available under this paragraph for section 502 direct 13 loans, no less than $5,000,000 shall be available for direct 14 loans for individuals whose homes will be built pursuant 15 to a program funded with a mutual and self-help housing 16 grant authorized by section 523 of the Housing Act of 17 1949 until June 1, 2018: Provided further, That the Sec18 retary shall implement provisions to provide incentives to 19 nonprofit organizations and public housing authorities to 20 facilitate the acquisition of Rural Housing Service (RHS) 21 multifamily housing properties by such nonprofit organi22 zations and public housing authorities that commit to keep 23 such properties in the RHS multifamily housing program 24 for a period of time as determined by the Secretary, with 25 such incentives to include, but not be limited to, the fol- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 41 1 lowing: allow such nonprofit entities and public housing 2 authorities to earn a Return on Investment on their own 3 resources to include proceeds from low income housing tax 4 credit syndication, own contributions, grants, and devel5 oper loans at favorable rates and terms, invested in a deal; 6 and allow reimbursement of organizational costs associ7 ated with owner’s oversight of asset referred to as ‘‘Asset 8 Management Fee’’ of up to $7,500 per property. 9 In addition, for the cost of direct loans, grants, and 10 contracts, as authorized by sections 514 and 516 of the 11 Housing Act of 1949 (42 U.S.C. 1484, 1486), 12 $14,710,000, to remain available until expended, for direct 13 farm labor housing loans and domestic farm labor housing 14 grants and contracts: Provided, That any balances avail15 able for the Farm Labor Program Account shall be trans16 ferred to and merged with this account. 17 In addition, for administrative expenses necessary to 18 carry out the direct and guaranteed loan programs, 19 $412,254,000 shall be transferred to and merged with the 20 appropriation for ‘‘Rural Development, Salaries and Ex21 penses’’. 22 23 RENTAL ASSISTANCE PROGRAM For rental assistance agreements entered into or re- 24 newed pursuant to the authority under section 521(a)(2) 25 of the Housing Act of 1949 or agreements entered into March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 42 1 in lieu of debt forgiveness or payments for eligible house2 holds as authorized by section 502(c)(5)(D) of the Hous3 ing Act of 1949, $1,345,293,000, of which $40,000,000 4 shall be available until September 30, 2019; and in addi5 tion such sums as may be necessary, as authorized by sec6 tion 521(c) of the Act, to liquidate debt incurred prior to 7 fiscal year 1992 to carry out the rental assistance program 8 under section 521(a)(2) of the Act: Provided, That rental 9 assistance agreements entered into or renewed during the 10 current fiscal year shall be funded for a one-year period: 11 Provided further, That any unexpended balances remain12 ing at the end of such one-year agreements may be trans13 ferred and used for purposes of any debt reduction; main14 tenance, repair, or rehabilitation of any existing projects; 15 preservation; and rental assistance activities authorized 16 under title V of the Act: Provided further, That rental as17 sistance provided under agreements entered into prior to 18 fiscal year 2018 for a farm labor multi-family housing 19 project financed under section 514 or 516 of the Act may 20 not be recaptured for use in another project until such 21 assistance has remained unused for a period of 12 con22 secutive months, if such project has a waiting list of ten23 ants seeking such assistance or the project has rental as24 sistance eligible tenants who are not receiving such assist25 ance: Provided further, That such recaptured rental assist- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 43 1 ance shall, to the extent practicable, be applied to another 2 farm labor multi-family housing project financed under 3 section 514 or 516 of the Act: Provided further, That ex4 cept as provided in the third proviso under this heading 5 and notwithstanding any other provision of the Act, the 6 Secretary may recapture rental assistance provided under 7 agreements entered into prior to fiscal year 2018 for a 8 project that the Secretary determines no longer needs 9 rental assistance and use such recaptured funds for cur10 rent needs. 11 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM 12 ACCOUNT 13 For the rural housing voucher program as authorized 14 under section 542 of the Housing Act of 1949, but not15 withstanding subsection (b) of such section, and for addi16 tional costs to conduct a demonstration program for the 17 preservation and revitalization of multi-family rental hous18 ing properties described in this paragraph, $47,000,000, 19 to remain available until expended: Provided, That of the 20 funds made available under this heading, $25,000,000, 21 shall be available for rural housing vouchers to any low22 income household (including those not receiving rental as23 sistance) residing in a property financed with a section 24 515 loan which has been prepaid after September 30, 25 2005: Provided further, That the amount of such voucher March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 44 1 shall be the difference between comparable market rent 2 for the section 515 unit and the tenant paid rent for such 3 unit: Provided further, That funds made available for such 4 vouchers shall be subject to the availability of annual ap5 propriations: Provided further, That the Secretary shall, 6 to the maximum extent practicable, administer such 7 vouchers with current regulations and administrative guid8 ance applicable to section 8 housing vouchers administered 9 by the Secretary of the Department of Housing and Urban 10 Development: Provided further, That if the Secretary de11 termines that the amount made available for vouchers in 12 this or any other Act is not needed for vouchers, the Sec13 retary may use such funds for the demonstration program 14 for the preservation and revitalization of multi-family 15 rental housing properties described in this paragraph: Pro16 vided further, That of the funds made available under this 17 heading, $22,000,000 shall be available for a demonstra18 tion program for the preservation and revitalization of the 19 sections 514, 515, and 516 multi-family rental housing 20 properties to restructure existing USDA multi-family 21 housing loans, as the Secretary deems appropriate, ex22 pressly for the purposes of ensuring the project has suffi23 cient resources to preserve the project for the purpose of 24 providing safe and affordable housing for low-income resi25 dents and farm laborers including reducing or eliminating March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 45 1 interest; deferring loan payments, subordinating, reducing 2 or reamortizing loan debt; and other financial assistance 3 including advances, payments and incentives (including 4 the ability of owners to obtain reasonable returns on in5 vestment) required by the Secretary: Provided further, 6 That the Secretary shall as part of the preservation and 7 revitalization agreement obtain a restrictive use agreement 8 consistent with the terms of the restructuring: Provided 9 further, That if the Secretary determines that additional 10 funds for vouchers described in this paragraph are needed, 11 funds for the preservation and revitalization demonstra12 tion program may be used for such vouchers: Provided fur13 ther, That if Congress enacts legislation to permanently 14 authorize a multi-family rental housing loan restructuring 15 program similar to the demonstration program described 16 herein, the Secretary may use funds made available for 17 the demonstration program under this heading to carry 18 out such legislation with the prior approval of the Commit19 tees on Appropriations of both Houses of Congress: Pro20 vided further, That in addition to any other available 21 funds, the Secretary may expend not more than 22 $1,000,000 total, from the program funds made available 23 under this heading, for administrative expenses for activi24 ties funded under this heading. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 46 1 2 MUTUAL AND SELF-HELP HOUSING GRANTS For grants and contracts pursuant to section 3 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 4 1490c), $30,000,000, to remain available until expended. 5 6 RURAL HOUSING ASSISTANCE GRANTS For grants for very low-income housing repair and 7 rural housing preservation made by the Rural Housing 8 Service, as authorized by 42 U.S.C. 1474, and 1490m, 9 $40,000,000, to remain available until expended. 10 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT 11 (INCLUDING TRANSFERS OF FUNDS) 12 For gross obligations for the principal amount of di- 13 rect and guaranteed loans as authorized by section 306 14 and described in section 381E(d)(1) of the Consolidated 15 Farm and Rural Development Act, $2,800,000,000 for di16 rect loans and $148,287,000 for guaranteed loans. 17 For the cost of guaranteed loans, including the cost 18 of modifying loans, as defined in section 502 of the Con19 gressional Budget Act of 1974, $4,849,000, to remain 20 available until expended. 21 For the cost of grants for rural community facilities 22 programs as authorized by section 306 and described in 23 section 381E(d)(1) of the Consolidated Farm and Rural 24 Development Act, $43,778,000, to remain available until 25 expended: Provided, That $4,000,000 of the amount ap- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 47 1 propriated under this heading shall be available for a 2 Rural Community Development Initiative: Provided fur3 ther, That such funds shall be used solely to develop the 4 capacity and ability of private, nonprofit community-based 5 housing and community development organizations, low6 income rural communities, and Federally Recognized Na7 tive American Tribes to undertake projects to improve 8 housing, community facilities, community and economic 9 development projects in rural areas: Provided further, 10 That such funds shall be made available to qualified pri11 vate, nonprofit and public intermediary organizations pro12 posing to carry out a program of financial and technical 13 assistance: Provided further, That such intermediary orga14 nizations shall provide matching funds from other sources, 15 including Federal funds for related activities, in an 16 amount not less than funds provided: Provided further, 17 That $5,778,000 of the amount appropriated under this 18 heading shall be to provide grants for facilities in rural 19 communities with extreme unemployment and severe eco20 nomic depression (Public Law 106–387), with up to 5 per21 cent for administration and capacity building in the State 22 rural development offices: Provided further, That 23 $4,000,000 of the amount appropriated under this head24 ing shall be available for community facilities grants to 25 tribal colleges, as authorized by section 306(a)(19) of such March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 48 1 Act: Provided further, That sections 381E–H and 381N 2 of the Consolidated Farm and Rural Development Act are 3 not applicable to the funds made available under this 4 heading. 5 RURAL BUSINESS—COOPERATIVE SERVICE 6 RURAL BUSINESS PROGRAM ACCOUNT 7 (INCLUDING TRANSFERS OF FUNDS) 8 For the cost of loan guarantees and grants, for the 9 rural business development programs authorized by sec10 tion 310B and described in subsections (a), (c), (f) and 11 (g) of section 310B of the Consolidated Farm and Rural 12 Development Act, $77,342,000, to remain available until 13 expended: Provided, That of the amount appropriated 14 under this heading, not to exceed $500,000 shall be made 15 available for one grant to a qualified national organization 16 to provide technical assistance for rural transportation in 17 order to promote economic development and $6,000,000 18 shall be for grants to the Delta Regional Authority (7 19 U.S.C. 2009aa et seq.) and the Appalachian Regional 20 Commission (40 U.S.C. 14101 et seq.) for any Rural Com21 munity Advancement Program purpose as described in 22 section 381E(d) of the Consolidated Farm and Rural De23 velopment Act, of which not more than 5 percent may be 24 used for administrative expenses: Provided further, That 25 $4,000,000 of the amount appropriated under this head- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 49 1 ing shall be for business grants to benefit Federally Recog2 nized Native American Tribes, including $250,000 for a 3 grant to a qualified national organization to provide tech4 nical assistance for rural transportation in order to pro5 mote economic development: Provided further, That sec6 tions 381E–H and 381N of the Consolidated Farm and 7 Rural Development Act are not applicable to funds made 8 available under this heading. 9 10 11 INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT (INCLUDING TRANSFER OF FUNDS) For the principal amount of direct loans, as author- 12 ized by the Intermediary Relending Program Fund Ac13 count (7 U.S.C. 1936b), $18,889,000. 14 For the cost of direct loans, $4,361,000, as author- 15 ized by the Intermediary Relending Program Fund Ac16 count (7 U.S.C. 1936b), of which $557,000 shall be avail17 able through June 30, 2018, for Federally Recognized Na18 tive American Tribes; and of which $1,072,000 shall be 19 available through June 30, 2018, for Mississippi Delta Re20 gion counties (as determined in accordance with Public 21 Law 100–460): Provided, That such costs, including the 22 cost of modifying such loans, shall be as defined in section 23 502 of the Congressional Budget Act of 1974. 24 In addition, for administrative expenses to carry out 25 the direct loan programs, $4,468,000 shall be transferred March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 50 1 to and merged with the appropriation for ‘‘Rural Develop2 ment, Salaries and Expenses’’. 3 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM 4 ACCOUNT 5 For the principal amount of direct loans, as author- 6 ized under section 313 of the Rural Electrification Act, 7 for the purpose of promoting rural economic development 8 and job creation projects, $45,000,000. 9 The cost of grants authorized under section 313 of 10 the Rural Electrification Act, for the purpose of promoting 11 rural economic development and job creation projects shall 12 not exceed $10,000,000. 13 14 RURAL COOPERATIVE DEVELOPMENT GRANTS For rural cooperative development grants authorized 15 under section 310B(e) of the Consolidated Farm and 16 Rural Development Act (7 U.S.C. 1932), $27,550,000, of 17 which $2,750,000 shall be for cooperative agreements for 18 the appropriate technology transfer for rural areas pro19 gram: Provided, That not to exceed $3,000,000 shall be 20 for grants for cooperative development centers, individual 21 cooperatives, or groups of cooperatives that serve socially 22 disadvantaged groups and a majority of the boards of di23 rectors or governing boards of which are comprised of in24 dividuals who are members of socially disadvantaged 25 groups; and of which $16,000,000, to remain available March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 51 1 until expended, shall be for value-added agricultural prod2 uct market development grants, as authorized by section 3 231 of the Agricultural Risk Protection Act of 2000 (7 4 U.S.C. 1632a), of which $1,000,000 shall be for Agri5 culture Innovation Centers authorized pursuant to section 6 6402 of Public Law 107–171. 7 RURAL ENERGY FOR AMERICA PROGRAM 8 For the cost of a program of loan guarantees, under 9 the same terms and conditions as authorized by section 10 9007 of the Farm Security and Rural Investment Act of 11 2002 (7 U.S.C. 8107), $293,000: Provided, That the cost 12 of loan guarantees, including the cost of modifying such 13 loans, shall be as defined in section 502 of the Congres14 sional Budget Act of 1974. 15 RURAL UTILITIES SERVICE 16 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT 17 (INCLUDING TRANSFERS OF FUNDS) 18 For the cost of direct loans, loan guarantees, and 19 grants for the rural water, waste water, waste disposal, 20 and solid waste management programs authorized by sec21 tions 306, 306A, 306C, 306D, 306E, and 310B and de22 scribed in sections 306C(a)(2), 306D, 306E, and 23 381E(d)(2) of the Consolidated Farm and Rural Develop24 ment Act, $560,263,000, to remain available until ex25 pended, of which not to exceed $1,000,000 shall be avail- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 52 1 able for the rural utilities program described in section 2 306(a)(2)(B) of such Act, and of which not to exceed 3 $993,000 shall be available for the rural utilities program 4 described in section 306E of such Act: Provided, That not 5 to exceed $15,000,000 of the amount appropriated under 6 this heading shall be for grants authorized by section 7 306A(i)(2) of the Consolidated Farm and Rural Develop8 ment Act in addition to funding authorized by section 9 306A(i)(1) of such Act and such grants may not exceed 10 $1,000,000 notwithstanding section 306A(f)(1) of such 11 Act: Provided further, That $68,000,000 of the amount 12 appropriated under this heading shall be for loans and 13 grants including water and waste disposal systems grants 14 authorized by section 306C(a)(2)(B) and section 306D of 15 the Consolidated Farm and Rural Development Act, and 16 Federally Recognized Native American Tribes authorized 17 by 306C(a)(1) of such Act: Provided further, That funding 18 provided for section 306D of the Consolidated Farm and 19 Rural Development Act may be provided to a consortium 20 formed pursuant to section 325 of Public Law 105–83: 21 Provided further, That not more than 2 percent of the 22 funding provided for section 306D of the Consolidated 23 Farm and Rural Development Act may be used by the 24 State of Alaska for training and technical assistance pro25 grams and not more than 2 percent of the funding pro- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 53 1 vided for section 306D of the Consolidated Farm and 2 Rural Development Act may be used by a consortium 3 formed pursuant to section 325 of Public Law 105–83 for 4 training and technical assistance programs: Provided fur5 ther, That not to exceed $40,000,000 of the amount ap6 propriated under this heading shall be for technical assist7 ance grants for rural water and waste systems pursuant 8 to section 306(a)(14) of such Act, unless the Secretary 9 makes a determination of extreme need, of which 10 $8,000,000 shall be made available for a grant to a quali11 fied nonprofit multi-State regional technical assistance or12 ganization, with experience in working with small commu13 nities on water and waste water problems, the principal 14 purpose of such grant shall be to assist rural communities 15 with populations of 3,300 or less, in improving the plan16 ning, financing, development, operation, and management 17 of water and waste water systems, and of which not less 18 than $800,000 shall be for a qualified national Native 19 American organization to provide technical assistance for 20 rural water systems for tribal communities: Provided fur21 ther, That not to exceed $19,000,000 of the amount ap22 propriated under this heading shall be for contracting with 23 qualified national organizations for a circuit rider program 24 to provide technical assistance for rural water systems: 25 Provided further, That not to exceed $4,000,000 shall be March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 54 1 for solid waste management grants: Provided further, That 2 $10,000,000 of the amount appropriated under this head3 ing shall be transferred to, and merged with, the Rural 4 Utilities Service, High Energy Cost Grants Account to 5 provide grants authorized under section 19 of the Rural 6 Electrification Act of 1936 (7 U.S.C. 918a): Provided fur7 ther, That any prior year balances for high-energy cost 8 grants authorized by section 19 of the Rural Electrifica9 tion Act of 1936 (7 U.S.C. 918a) shall be transferred to 10 and merged with the Rural Utilities Service, High Energy 11 Cost Grants Account: Provided further, That sections 12 381E–H and 381N of the Consolidated Farm and Rural 13 Development Act are not applicable to the funds made 14 available under this heading. 15 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS 16 LOANS PROGRAM ACCOUNT 17 (INCLUDING TRANSFER OF FUNDS) 18 The principal amount of direct and guaranteed loans 19 as authorized by sections 305, 306, and 317 of the Rural 20 Electrification Act of 1936 (7 U.S.C. 935, 936, and 940g) 21 shall be made as follows: loans made pursuant to sections 22 305, 306, and 317, notwithstanding 317(c), of that Act, 23 rural electric, $5,500,000,000; guaranteed underwriting 24 loans pursuant to section 313A, $750,000,000; 5 percent 25 rural telecommunications loans, cost of money rural tele- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 55 1 communications loans, and for loans made pursuant to 2 section 306 of that Act, rural telecommunications loans, 3 $690,000,000: Provided, That up to $2,000,000,000 shall 4 be used for the construction, acquisition, or improvement 5 of fossil-fueled electric generating plants (whether new or 6 existing) that utilize carbon sequestration systems. 7 For the cost of direct loans as authorized by section 8 305 of the Rural Electrification Act of 1936 (7 U.S.C. 9 935), including the cost of modifying loans, as defined in 10 section 502 of the Congressional Budget Act of 1974, cost 11 of money rural telecommunications loans, $863,000. 12 In addition, for administrative expenses necessary to 13 carry out the direct and guaranteed loan programs, 14 $33,270,000, which shall be transferred to and merged 15 with the appropriation for ‘‘Rural Development, Salaries 16 and Expenses’’. 17 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND 18 PROGRAM 19 For the principal amount of broadband telecommuni- 20 cation loans, $29,851,000. 21 For grants for telemedicine and distance learning 22 services in rural areas, as authorized by 7 U.S.C. 950aaa 23 et seq., $32,000,000, to remain available until expended: 24 Provided, That $3,000,000 shall be made available for 25 grants authorized by 379G of the Consolidated Farm and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 56 1 Rural Development Act: Provided further, That funding 2 provided under this heading for grants under 379G of the 3 Consolidated Farm and Rural Development Act may only 4 be provided to entities that meet all of the eligibility cri5 teria for a consortium as established by this section. 6 For the cost of broadband loans, as authorized by 7 section 601 of the Rural Electrification Act, $5,000,000, 8 to remain available until expended: Provided, That the 9 cost of direct loans shall be as defined in section 502 of 10 the Congressional Budget Act of 1974. 11 In addition, $30,000,000, to remain available until 12 expended, for a grant program to finance broadband 13 transmission in rural areas eligible for Distance Learning 14 and Telemedicine Program benefits authorized by 7 15 U.S.C. 950aaa. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 57 1 TITLE IV 2 DOMESTIC FOOD PROGRAMS 3 4 5 OFFICE OF THE NUTRITION, UNDER SECRETARY AND FOR FOOD, CONSUMER SERVICES For necessary expenses of the Office of the Under 6 Secretary for Food, Nutrition, and Consumer Services, 7 $800,000: Provided, That funds made available by this 8 Act to an agency in the Food, Nutrition and Consumer 9 Services mission area for salaries and expenses are avail10 able to fund up to one administrative support staff for 11 the Office. 12 FOOD AND NUTRITION SERVICE 13 CHILD NUTRITION PROGRAMS 14 (INCLUDING TRANSFERS OF FUNDS) 15 For necessary expenses to carry out the Richard B. 16 Russell National School Lunch Act (42 U.S.C. 1751 et 17 seq.), except section 21, and the Child Nutrition Act of 18 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 19 21; $24,254,139,000 to remain available through Sep20 tember 30, 2019, of which such sums as are made avail21 able under section 14222(b)(1) of the Food, Conservation, 22 and Energy Act of 2008 (Public Law 110–246), as 23 amended by this Act, shall be merged with and available 24 for the same time period and purposes as provided herein: 25 Provided, That of the total amount available, $17,004,000 March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 58 1 shall be available to carry out section 19 of the Child Nu2 trition Act of 1966 (42 U.S.C. 1771 et seq.): Provided 3 further, That of the total amount available, $30,000,000 4 shall be available to provide competitive grants to State 5 agencies for subgrants to local educational agencies and 6 schools to purchase the equipment, with a value of greater 7 than $1,000, needed to serve healthier meals, improve food 8 safety, and to help support the establishment, mainte9 nance, or expansion of the school breakfast program: Pro10 vided further, That of the total amount available, 11 $28,000,000 shall remain available until expended to carry 12 out section 749(g) of the Agriculture Appropriations Act 13 of 2010 (Public Law 111–80): Provided further, That sec14 tion 26(d) of the Richard B. Russell National School 15 Lunch Act (42 U.S.C. 1769g(d)) is amended in the first 16 sentence by striking ‘‘2010 through 2017’’ and inserting 17 ‘‘2010 through 2018’’: Provided further, That section 18 9(h)(3) of the Richard B. Russell National School Lunch 19 Act (42 U.S.C. 1758(h)(3)) is amended in the first sen20 tence by striking ‘‘for fiscal year 2017’’ and inserting ‘‘for 21 fiscal year 2018’’: Provided further, That section 9(h)(4) 22 of the Richard B. Russell National School Lunch Act (42 23 U.S.C. 1758(h)(4)) is amended in the first sentence by 24 striking ‘‘for fiscal year 2017’’ and inserting ‘‘for fiscal 25 year 2018’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 59 1 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 2 WOMEN, INFANTS, AND CHILDREN (WIC) 3 For necessary expenses to carry out the special sup- 4 plemental nutrition program as authorized by section 17 5 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), 6 $6,175,000,000, to remain available through September 7 30, 2019, of which $25,000,000 shall be placed in reserve, 8 to remain available until expended, to be allocated as the 9 Secretary deemed necessary, notwithstanding section 17(i) 10 of such Act, to support participation should cost or partici11 pation exceed budget estimates: Provided, That notwith12 standing section 17(h)(10) of the Child Nutrition Act of 13 1966 (42 U.S.C. 1786(h)(10)), not less than $60,000,000 14 shall be used for breastfeeding peer counselors and other 15 related activities, and $14,000,000 shall be used for infra16 structure: Provided further, That none of the funds pro17 vided in this account shall be available for the purchase 18 of infant formula except in accordance with the cost con19 tainment and competitive bidding requirements specified 20 in section 17 of such Act: Provided further, That none of 21 the funds provided shall be available for activities that are 22 not fully reimbursed by other Federal Government depart23 ments or agencies unless authorized by section 17 of such 24 Act: Provided further, That upon termination of a feder25 ally mandated vendor moratorium and subject to terms March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 60 1 and conditions established by the Secretary, the Secretary 2 may waive the requirement at 7 CFR 246.12(g)(6) at the 3 request of a State agency. 4 5 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM For necessary expenses to carry out the Food and 6 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), 7 $74,013,499,000, of which $3,000,000,000, to remain 8 available through December 31, 2019, shall be placed in 9 reserve for use only in such amounts and at such times 10 as may become necessary to carry out program operations: 11 Provided, That funds provided herein shall be expended 12 in accordance with section 16 of the Food and Nutrition 13 Act of 2008: Provided further, That of the funds made 14 available under this heading, $998,000 may be used to 15 provide nutrition education services to State agencies and 16 Federally Recognized Tribes participating in the Food 17 Distribution Program on Indian Reservations: Provided 18 further, That this appropriation shall be subject to any 19 work registration or workfare requirements as may be re20 quired by law: Provided further, That funds made available 21 for Employment and Training under this heading shall re22 main available through September 30, 2019: Provided fur23 ther, That funds made available under this heading for 24 section 28(d)(1), section 4(b), and section 27(a) of the 25 Food and Nutrition Act of 2008 shall remain available March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 61 1 through September 30, 2019: Provided further, That none 2 of the funds made available under this heading may be 3 obligated or expended in contravention of section 213A of 4 the Immigration and Nationality Act (8 U.S.C. 1183A): 5 Provided further, That funds made available under this 6 heading may be used to enter into contracts and employ 7 staff to conduct studies, evaluations, or to conduct activi8 ties related to program integrity provided that such activi9 ties are authorized by the Food and Nutrition Act of 2008. 10 11 COMMODITY ASSISTANCE PROGRAM For necessary expenses to carry out disaster assist- 12 ance and the Commodity Supplemental Food Program as 13 authorized by section 4(a) of the Agriculture and Con14 sumer Protection Act of 1973 (7 U.S.C. 612c note); the 15 Emergency Food Assistance Act of 1983; special assist16 ance for the nuclear affected islands, as authorized by sec17 tion 103(f)(2) of the Compact of Free Association Amend18 ments Act of 2003 (Public Law 108–188); and the Farm19 ers’ Market Nutrition Program, as authorized by section 20 17(m) of the Child Nutrition Act of 1966, $322,139,000, 21 to remain available through September 30, 2019: Pro22 vided, That none of these funds shall be available to reim23 burse the Commodity Credit Corporation for commodities 24 donated to the program: Provided further, That notwith25 standing any other provision of law, effective with funds March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 62 1 made available in fiscal year 2018 to support the Seniors 2 Farmers’ Market Nutrition Program, as authorized by 3 section 4402 of the Farm Security and Rural Investment 4 Act of 2002, such funds shall remain available through 5 September 30, 2019: Provided further, That of the funds 6 made available under section 27(a) of the Food and Nutri7 tion Act of 2008 (7 U.S.C. 2036(a)), the Secretary may 8 use up to 15 percent for costs associated with the distribu9 tion of commodities. 10 11 NUTRITION PROGRAMS ADMINISTRATION For necessary administrative expenses of the Food 12 and Nutrition Service for carrying out any domestic nutri13 tion assistance program, $153,841,000: Provided, That of 14 the funds provided herein, $2,000,000 shall be used for 15 the purposes of section 4404 of Public Law 107–171, as 16 amended by section 4401 of Public Law 110–246. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 63 1 TITLE V 2 FOREIGN ASSISTANCE AND RELATED 3 PROGRAMS 4 OFFICE OF THE 5 6 UNDER SECRETARY FOR TRADE AND FOREIGN AGRICULTURAL AFFAIRS For necessary expenses of the Office of the Under 7 Secretary for Trade and Foreign Agricultural Affairs, 8 $875,000: Provided, That funds made available by this 9 Act to any agency in the Trade and Foreign Agricultural 10 Affairs mission area for salaries and expenses are avail11 able to fund up to one administrative support staff for 12 the Office. 13 14 OFFICE OF CODEX ALIMENTARIUS For necessary expenses of the Office of Codex 15 Alimentarius, $3,796,000. 16 FOREIGN AGRICULTURAL SERVICE 17 SALARIES AND EXPENSES 18 (INCLUDING TRANSFERS OF FUNDS) 19 For necessary expenses of the Foreign Agricultural 20 Service, including not to exceed $250,000 for representa21 tion allowances and for expenses pursuant to section 8 of 22 the Act approved August 3, 1956 (7 U.S.C. 1766), 23 $199,666,000, of which no more than 6 percent shall re24 main available until September 30, 2019, for overseas op25 erations to include the payment of locally employed staff: March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 64 1 Provided, That the Service may utilize advances of funds, 2 or reimburse this appropriation for expenditures made on 3 behalf of Federal agencies, public and private organiza4 tions and institutions under agreements executed pursu5 ant to the agricultural food production assistance pro6 grams (7 U.S.C. 1737) and the foreign assistance pro7 grams of the United States Agency for International De8 velopment: Provided further, That funds made available 9 for middle-income country training programs, funds made 10 available for the Borlaug International Agricultural 11 Science and Technology Fellowship program, and up to 12 $2,000,000 of the Foreign Agricultural Service appropria13 tion solely for the purpose of offsetting fluctuations in 14 international currency exchange rates, subject to docu15 mentation by the Foreign Agricultural Service, shall re16 main available until expended. 17 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD 18 FOR PROGRESS PROGRAM ACCOUNT 19 (INCLUDING TRANSFER OF FUNDS) 20 For administrative expenses to carry out the credit 21 program of title I, Food for Peace Act (Public Law 83– 22 480) and the Food for Progress Act of 1985, $149,000, 23 shall be transferred to and merged with the appropriation 24 for ‘‘Farm Service Agency, Salaries and Expenses’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 65 1 FOOD FOR PEACE TITLE II GRANTS 2 For expenses during the current fiscal year, not oth- 3 erwise recoverable, and unrecovered prior years’ costs, in4 cluding interest thereon, under the Food for Peace Act 5 (Public Law 83–480), for commodities supplied in connec6 tion with dispositions abroad under title II of said Act, 7 $1,600,000,000, to remain available until expended: Pro8 vided, That the Administrator of the United States Agen9 cy for International Development shall in each instance 10 notify in writing the Committees on Appropriations of 11 both Houses of Congress, the Committee on Agriculture 12 of the House, the Committee on Foreign Relations of the 13 Senate, the Committee on Foreign Affairs of the House, 14 and the Committee on Agriculture, Nutrition, and For15 estry of the Senate and make publicly available online the 16 amount and use of authority in section 202(a) of the Food 17 for Peace Act (7 U.S.C. 1722(a)) to notwithstand the min18 imum level of nonemergency assistance required by section 19 412(e)(2) of the Food for Peace Act (7 U.S.C. 20 1736f(e)(2)) not later than 15 days after the date of such 21 action. 22 MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION 23 AND CHILD NUTRITION PROGRAM GRANTS 24 For necessary expenses to carry out the provisions 25 of section 3107 of the Farm Security and Rural Invest- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 66 1 ment Act of 2002 (7 U.S.C. 1736o–1), $207,626,000, to 2 remain available until expended, of which $1,000,000 is 3 for the use of recently developed potable water tech4 nologies in school feeding projects: Provided, That the 5 Commodity Credit Corporation is authorized to provide 6 the services, facilities, and authorities for the purpose of 7 implementing such section, subject to reimbursement from 8 amounts provided herein: Provided further, That of the 9 amount made available under this heading, $10,000,000, 10 shall remain available until expended for necessary ex11 penses to carry out the provisions of section 3207 of the 12 Agricultural Act of 2014 (7 U.S.C. 1726c). 13 COMMODITY CREDIT CORPORATION EXPORT (LOANS) 14 CREDIT GUARANTEE PROGRAM ACCOUNT 15 (INCLUDING TRANSFERS OF FUNDS) 16 For administrative expenses to carry out the Com- 17 modity Credit Corporation’s Export Guarantee Program, 18 GSM 102 and GSM 103, $8,845,000; to cover common 19 overhead expenses as permitted by section 11 of the Com20 modity Credit Corporation Charter Act and in conformity 21 with the Federal Credit Reform Act of 1990, of which 22 $6,382,000 shall be transferred to and merged with the 23 appropriation for ‘‘Foreign Agricultural Service, Salaries 24 and Expenses’’, and of which $2,463,000 shall be trans- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 67 1 ferred to and merged with the appropriation for ‘‘Farm 2 Service Agency, Salaries and Expenses’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 68 1 TITLE VI 2 RELATED AGENCIES AND FOOD AND DRUG 3 ADMINISTRATION 4 DEPARTMENT OF HEALTH AND HUMAN SERVICES 5 FOOD AND DRUG ADMINISTRATION 6 SALARIES AND EXPENSES 7 For necessary expenses of the Food and Drug Ad- 8 ministration, including hire and purchase of passenger 9 motor vehicles; for payment of space rental and related 10 costs pursuant to Public Law 92–313 for programs and 11 activities of the Food and Drug Administration which are 12 included in this Act; for rental of special purpose space 13 in the District of Columbia or elsewhere; in addition to 14 amounts appropriated to the FDA Innovation Account, for 15 carrying out the activities described in section 1002(b)(4) 16 of the 21st Century Cures Act (Public Law 114–255); for 17 miscellaneous and emergency expenses of enforcement ac18 tivities, authorized and approved by the Secretary and to 19 be accounted for solely on the Secretary’s certificate, not 20 to exceed $25,000; and notwithstanding section 521 of 21 Public Law 107–188; $5,138,041,000: Provided, That of 22 the amount provided under this heading, $911,346,000 23 shall be derived from prescription drug user fees author24 ized by 21 U.S.C. 379h, and shall be credited to this ac25 count and remain available until expended; $193,291,000 March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 69 1 shall be derived from medical device user fees authorized 2 by 21 U.S.C. 379j, and shall be credited to this account 3 and remain available until expended; $493,600,000 shall 4 be derived from human generic drug user fees authorized 5 by 21 U.S.C. 379j–42, and shall be credited to this ac6 count and remain available until expended; $40,214,000 7 shall be derived from biosimilar biological product user 8 fees authorized by 21 U.S.C. 379j–52, and shall be cred9 ited to this account and remain available until expended; 10 $18,093,000 shall be derived from animal drug user fees 11 authorized by 21 U.S.C. 379j–12, and shall be credited 12 to this account and remain available until expended; 13 $9,419,000 shall be derived from generic new animal drug 14 user fees authorized by 21 U.S.C. 379j–21, and shall be 15 credited to this account and remain available until ex16 pended; $672,000,000 shall be derived from tobacco prod17 uct user fees authorized by 21 U.S.C. 387s, and shall be 18 credited to this account and remain available until ex19 pended: Provided further, That in addition to and notwith20 standing any other provision under this heading, amounts 21 collected for prescription drug user fees, medical device 22 user fees, human generic drug user fees, biosimilar biologi23 cal product user fees, animal drug user fees, and generic 24 new animal drug user fees that exceed the respective fiscal 25 year 2018 limitations are appropriated and shall be cred- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 70 1 ited to this account and remain available until expended: 2 Provided further, That fees derived from prescription drug, 3 medical device, human generic drug, biosimilar biological 4 product, animal drug, and generic new animal drug as5 sessments for fiscal year 2018, including any such fees 6 collected prior to fiscal year 2018 but credited for fiscal 7 year 2018, shall be subject to the fiscal year 2018 limita8 tions: Provided further, That the Secretary may accept 9 payment during fiscal year 2018 of user fees specified 10 under this heading and authorized for fiscal year 2019, 11 prior to the due date for such fees, and that amounts of 12 such fees assessed for fiscal year 2019 for which the Sec13 retary accepts payment in fiscal year 2018 shall not be 14 included in amounts under this heading: Provided further, 15 That none of these funds shall be used to develop, estab16 lish, or operate any program of user fees authorized by 17 31 U.S.C. 9701: Provided further, That of the total 18 amount appropriated: (1) $1,041,615,000 shall be for the 19 Center for Food Safety and Applied Nutrition and related 20 field activities in the Office of Regulatory Affairs; (2) 21 $1,617,881,000 shall be for the Center for Drug Evalua22 tion and Research and related field activities in the Office 23 of Regulatory Affairs; (3) $359,614,000 shall be for the 24 Center for Biologics Evaluation and Research and for re25 lated field activities in the Office of Regulatory Affairs; March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 71 1 (4) $197,252,000 shall be for the Center for Veterinary 2 Medicine and for related field activities in the Office of 3 Regulatory Affairs; (5) $487,197,000 shall be for the Cen4 ter for Devices and Radiological Health and for related 5 field activities in the Office of Regulatory Affairs; (6) 6 $63,331,000 shall be for the National Center for Toxi7 cological Research; (7) $625,646,000 shall be for the Cen8 ter for Tobacco Products and for related field activities 9 in the Office of Regulatory Affairs; (8) not to exceed 10 $172,003,000 shall be for Rent and Related activities, of 11 which $50,559,000 is for White Oak Consolidation, other 12 than the amounts paid to the General Services Adminis13 tration for rent; (9) not to exceed $237,671,000 shall be 14 for payments to the General Services Administration for 15 rent; and (10) $335,831,000 shall be for other activities, 16 including the Office of the Commissioner of Food and 17 Drugs, the Office of Foods and Veterinary Medicine, the 18 Office of Medical and Tobacco Products, the Office of 19 Global and Regulatory Policy, the Office of Operations, 20 the Office of the Chief Scientist, and central services for 21 these offices: Provided further, That not to exceed $25,000 22 of this amount shall be for official reception and represen23 tation expenses, not otherwise provided for, as determined 24 by the Commissioner: Provided further, That any transfer 25 of funds pursuant to section 770(n) of the Federal Food, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 72 1 Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only 2 be from amounts made available under this heading for 3 other activities: Provided further, That of the amounts 4 that are made available under this heading for ‘‘other ac5 tivities’’, and that are not derived from user fees, 6 $1,500,000 shall be transferred to and merged with the 7 appropriation for ‘‘Department of Health and Human 8 Services—Office of Inspector General’’ for oversight of the 9 programs and operations of the Food and Drug Adminis10 tration and shall be in addition to funds otherwise made 11 available for oversight of the Food and Drug Administra12 tion: Provided further, That of the total amount made 13 available under this heading, $1,500,000 shall be used by 14 the Commissioner of Food and Drugs, in coordination 15 with the Secretary of Agriculture, for consumer outreach 16 and education regarding agricultural biotechnology and 17 biotechnology-derived food products and animal feed, in18 cluding through publication and distribution of science19 based educational information on the environmental, nu20 tritional, food safety, economic, and humanitarian impacts 21 of such biotechnology, food products, and feed: Provided 22 further, That funds may be transferred from one specified 23 activity to another with the prior approval of the Commit24 tees on Appropriations of both Houses of Congress. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 73 1 In addition, mammography user fees authorized by 2 42 U.S.C. 263b, export certification user fees authorized 3 by 21 U.S.C. 381, priority review user fees authorized by 4 21 U.S.C. 360n and 360ff, food and feed recall fees, food 5 reinspection fees, and voluntary qualified importer pro6 gram fees authorized by 21 U.S.C. 379j–31, outsourcing 7 facility fees authorized by 21 U.S.C. 379j–62, prescription 8 drug wholesale distributor licensing and inspection fees 9 authorized by 21 U.S.C. 353(e)(3), third-party logistics 10 provider licensing and inspection fees authorized by 21 11 U.S.C. 360eee–3(c)(1), third-party auditor fees authorized 12 by 21 U.S.C. 384d(c)(8), and medical countermeasure pri13 ority review voucher user fees authorized by 21 U.S.C. 14 360bbb–4a, shall be credited to this account, to remain 15 available until expended. 16 17 BUILDINGS AND FACILITIES For plans, construction, repair, improvement, exten- 18 sion, alteration, demolition, and purchase of fixed equip19 ment or facilities of or used by the Food and Drug Admin20 istration, where not otherwise provided, $11,788,000, to 21 remain available until expended. 22 23 FDA INNOVATION ACCOUNT, CURES ACT For necessary expenses to carry out the purposes de- 24 scribed under section 1002(b)(4) of the 21st Century 25 Cures Act, in addition to amounts available for such pur- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 74 1 poses under the heading ‘‘Salaries and Expenses’’, 2 $60,000,000, to remain available until expended: Pro3 vided, That amounts appropriated in this paragraph are 4 appropriated pursuant to section 1002(b)(3) of the 21st 5 Century Cures Act, are to be derived from amounts trans6 ferred under section 1002(b)(2)(A) of such Act, and may 7 be transferred by the Commissioner of Food and Drugs 8 to the appropriation for ‘‘Department of Health and 9 Human Services—Food and Drug Administration—Sala10 ries and Expenses’’ solely for the purposes provided in 11 such Act: Provided further, That upon a determination by 12 the Commissioner that funds transferred pursuant to the 13 previous proviso are not necessary for the purposes pro14 vided, such amounts may be transferred back to the ac15 count: Provided further, That such transfer authority is 16 in addition to any other transfer authority provided by 17 law. 18 INDEPENDENT AGENCIES 19 COMMODITY FUTURES TRADING COMMISSION 20 For necessary expenses to carry out the provisions 21 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in22 cluding the purchase and hire of passenger motor vehicles, 23 and the rental of space (to include multiple year leases), 24 in the District of Columbia and elsewhere, $249,000,000, 25 including not to exceed $3,000 for official reception and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 75 1 representation expenses, and not to exceed $25,000 for the 2 expenses for consultations and meetings hosted by the 3 Commission with foreign governmental and other regu4 latory officials, of which not less than $48,000,000, to re5 main available until September 30, 2019, shall be for the 6 purchase of information technology and of which not less 7 than $2,700,000 shall be for expenses of the Office of the 8 Inspector General: Provided, That notwithstanding the 9 limitations in 31 U.S.C. 1553, amounts provided under 10 this heading are available for the liquidation of obligations 11 equal to current year payments on leases entered into 12 prior to the date of enactment of this Act: Provided fur13 ther, That for the purpose of recording and liquidating any 14 lease obligations that should have been recorded and liq15 uidated against accounts closed pursuant to 31 U.S.C. 16 1552, and consistent with the preceding proviso, such 17 amounts shall be transferred to and recorded in a new 18 no-year account in the Treasury, which may be established 19 for the sole purpose of recording adjustments for and liq20 uidating such unpaid obligations: Provided further, That 21 if any furlough or reduction-in-force of personnel at the 22 Commission occurs as a result of an action under 5 U.S.C. 23 7119, the Commission shall submit a report to the Com24 mittees on Appropriations of the House of Representatives 25 and the Senate no later than 30 days after the furlough March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 76 1 or reduction-in-force occurs detailing the agency’s rea2 soning for conducting a furlough or reduction-in-force: 3 Provided further, That in the report the Commission shall 4 explain why the furlough or reduction-in-force was the 5 only reasonable course of action in response to an action 6 taken under 5 U.S.C. 7119: Provided further, That after 7 the conclusion of any furlough or reduction-in-force of the 8 Commission in response to an action taken under 5 U.S.C. 9 7119, the Comptroller General shall submit to the Com10 mittees on Appropriations of the Senate and the House 11 of Representatives a report that describes (1) the long12 term cost of any pay increases the Commission must make 13 in response to an action taken under 5 U.S.C. 7119; and 14 (2) the operational impact of the furlough or reduction15 in-force. 16 FARM CREDIT ADMINISTRATION 17 LIMITATION ON ADMINISTRATIVE EXPENSES 18 Not to exceed $70,600,000 (from assessments col- 19 lected from farm credit institutions, including the Federal 20 Agricultural Mortgage Corporation) shall be obligated 21 during the current fiscal year for administrative expenses 22 as authorized under 12 U.S.C. 2249: Provided, That this 23 limitation shall not apply to expenses associated with re24 ceiverships: Provided further, That the agency may exceed 25 this limitation by up to 10 percent with notification to the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 77 1 Committees on Appropriations of both Houses of Con2 gress. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 78 1 TITLE VII 2 GENERAL PROVISIONS 3 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) 4 SEC. 701. Within the unit limit of cost fixed by law, 5 appropriations and authorizations made for the Depart6 ment of Agriculture for the current fiscal year under this 7 Act shall be available for the purchase, in addition to those 8 specifically provided for, of not to exceed 71 passenger 9 motor vehicles of which 68 shall be for replacement only, 10 and for the hire of such vehicles: Provided, That notwith11 standing this section, the only purchase of new passenger 12 vehicles shall be for those determined by the Secretary to 13 be necessary for transportation safety, to reduce oper14 ational costs, and for the protection of life, property, and 15 public safety. 16 SEC. 702. Notwithstanding any other provision of 17 this Act, the Secretary of Agriculture may transfer unobli18 gated balances of discretionary funds appropriated by this 19 Act or any other available unobligated discretionary bal20 ances that are remaining available of the Department of 21 Agriculture to the Working Capital Fund for the acquisi22 tion of plant and capital equipment necessary for the deliv23 ery of financial, administrative, and information tech24 nology services of primary benefit to the agencies of the 25 Department of Agriculture, such transferred funds to re- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 79 1 main available until expended: Provided, That none of the 2 funds made available by this Act or any other Act shall 3 be transferred to the Working Capital Fund without the 4 prior approval of the agency administrator: Provided fur5 ther, That none of the funds transferred to the Working 6 Capital Fund pursuant to this section shall be available 7 for obligation without written notification to and the prior 8 approval of the Committees on Appropriations of both 9 Houses of Congress: Provided further, That none of the 10 funds appropriated by this Act or made available to the 11 Department’s Working Capital Fund shall be available for 12 obligation or expenditure to make any changes to the De13 partment’s National Finance Center without written noti14 fication to and prior approval of the Committees on Ap15 propriations of both Houses of Congress as required by 16 section 717 of this Act: Provided further, That none of 17 the funds appropriated by this Act or made available to 18 the Department’s Working Capital Fund shall be available 19 for obligation or expenditure to initiate, plan, develop, im20 plement, or make any changes to remove or relocate any 21 systems, missions, or functions of the offices of the Chief 22 Financial Officer or any personnel from the National Fi23 nance Center prior to written notification to and prior ap24 proval of the Committee on Appropriations of both Houses 25 of Congress and in accordance with the requirements of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 80 1 section 717 of this Act: Provided further, That the Sec2 retary of Agriculture and the offices of the Chief Financial 3 Officer shall actively market to existing and new Depart4 ments and other government agencies National Finance 5 Center shared services including, but not limited to, pay6 roll, financial management, and human capital shared 7 services and allow the National Finance Center to perform 8 technology upgrades: Provided further, That of annual in9 come amounts in the Working Capital Fund of the De10 partment of Agriculture attributable to the amounts in ex11 cess of the true costs of the shared services provided by 12 the National Finance Center and budgeted for the Na13 tional Finance Center, the Secretary shall reserve not 14 more than 4 percent for the replacement or acquisition 15 of capital equipment, including equipment for the improve16 ment, delivery, and implementation of financial, adminis17 trative, and information technology services, and other 18 systems of the National Finance Center or to pay any un19 foreseen, extraordinary cost of the National Finance Cen20 ter: Provided further, That none of the amounts reserved 21 shall be available for obligation unless the Secretary sub22 mits written notification of the obligation to the Commit23 tees on Appropriations of both Houses of Congress: Pro24 vided further, That the limitations on the obligation of 25 funds pending notification to Congressional Committees March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 81 1 shall not apply to any obligation that, as determined by 2 the Secretary, is necessary to respond to a declared state 3 of emergency that significantly impacts the operations of 4 the National Finance Center; or to evacuate employees of 5 the National Finance Center to a safe haven to continue 6 operations of the National Finance Center: Provided fur7 ther, That the Secretary of Agriculture shall conduct and 8 submit a detailed cost benefit analysis to the Committees 9 on Appropriations that includes a complete analysis of the 10 National Finance Center data center and two other oper11 ationally comparable data centers in both size and com12 plexity in supported applications that details and provides: 13 (1) the cost effectiveness of each center; (2) a security 14 analysis of each center; and (3) each center’s Federal Risk 15 and Authorization Management Program (FedRAMP) 16 certifications status and the center’s demonstrated history 17 record and ability for maintaining Continuity of Oper18 ations Plan (COOP) functions and not miss critical oper19 ations: Provided further, That the cost-benefit analysis 20 shall be submitted no later than 90 days after enactment 21 of this Act to the Committees on Appropriations: Provided 22 further, That not later than 90 days after submission of 23 the cost-benefit analysis, the Comptroller General of the 24 United States shall submit to the Committees on Appro25 priations a sufficiency review of the cost-benefit analysis, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 82 1 including any findings and recommendations relating to 2 such review. 3 SEC. 703. No part of any appropriation contained in 4 this Act shall remain available for obligation beyond the 5 current fiscal year unless expressly so provided herein. 6 SEC. 704. No funds appropriated by this Act may be 7 used to pay negotiated indirect cost rates on cooperative 8 agreements or similar arrangements between the United 9 States Department of Agriculture and nonprofit institu10 tions in excess of 10 percent of the total direct cost of 11 the agreement when the purpose of such cooperative ar12 rangements is to carry out programs of mutual interest 13 between the two parties. This does not preclude appro14 priate payment of indirect costs on grants and contracts 15 with such institutions when such indirect costs are com16 puted on a similar basis for all agencies for which appro17 priations are provided in this Act. 18 SEC. 705. Appropriations to the Department of Agri- 19 culture for the cost of direct and guaranteed loans made 20 available in the current fiscal year shall remain available 21 until expended to disburse obligations made in the current 22 fiscal year for the following accounts: the Rural Develop23 ment Loan Fund program account, the Rural Electrifica24 tion and Telecommunication Loans program account, and 25 the Rural Housing Insurance Fund program account. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 83 1 SEC. 706. None of the funds made available to the 2 Department of Agriculture by this Act may be used to ac3 quire new information technology systems or significant 4 upgrades, as determined by the Office of the Chief Infor5 mation Officer, without the approval of the Chief Informa6 tion Officer and the concurrence of the Executive Informa7 tion Technology Investment Review Board: Provided, That 8 notwithstanding any other provision of law, none of the 9 funds appropriated or otherwise made available by this 10 Act may be transferred to the Office of the Chief Informa11 tion Officer without written notification to and the prior 12 approval of the Committees on Appropriations of both 13 Houses of Congress: Provided further, That, notwith14 standing section 11319 of title 40, United States Code, 15 none of the funds available to the Department of Agri16 culture for information technology shall be obligated for 17 projects, contracts, or other agreements over $25,000 18 prior to receipt of written approval by the Chief Informa19 tion Officer: Provided further, That the Chief Information 20 Officer may authorize an agency to obligate funds without 21 written approval from the Chief Information Officer for 22 projects, contracts, or other agreements up to $250,000 23 based upon the performance of an agency measured 24 against the performance plan requirements described in March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 84 1 the explanatory statement accompanying Public Law 113– 2 235. 3 SEC. 707. Funds made available under section 524(b) 4 of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in 5 the current fiscal year shall remain available until ex6 pended to disburse obligations made in the current fiscal 7 year. 8 SEC. 708. Notwithstanding any other provision of 9 law, any former RUS borrower that has repaid or prepaid 10 an insured, direct or guaranteed loan under the Rural 11 Electrification Act of 1936, or any not-for-profit utility 12 that is eligible to receive an insured or direct loan under 13 such Act, shall be eligible for assistance under section 14 313(b)(2)(B) of such Act in the same manner as a bor15 rower under such Act. 16 SEC. 709. Except as otherwise specifically provided 17 by law, not more than $20,000,000 in unobligated bal18 ances from appropriations made available for salaries and 19 expenses in this Act for the Farm Service Agency shall 20 remain available through September 30, 2019, for infor21 mation technology expenses: Provided, That except as oth22 erwise specifically provided by law, unobligated balances 23 from appropriations made available for salaries and ex24 penses in this Act for the Rural Development mission area March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 85 1 shall remain available through September 30, 2019, for 2 information technology expenses. 3 SEC. 710. None of the funds appropriated or other- 4 wise made available by this Act may be used for first-class 5 travel by the employees of agencies funded by this Act in 6 contravention of sections 301–10.122 through 301–10.124 7 of title 41, Code of Federal Regulations. 8 SEC. 711. In the case of each program established 9 or amended by the Agricultural Act of 2014 (Public Law 10 113–79), other than by title I or subtitle A of title III 11 of such Act, or programs for which indefinite amounts 12 were provided in that Act, that is authorized or required 13 to be carried out using funds of the Commodity Credit 14 Corporation— 15 (1) such funds shall be available for salaries 16 and related administrative expenses, including tech- 17 nical assistance, associated with the implementation 18 of the program, without regard to the limitation on 19 the total amount of allotments and fund transfers 20 contained in section 11 of the Commodity Credit 21 Corporation Charter Act (15 U.S.C. 714i); and 22 (2) the use of such funds for such purpose shall 23 not be considered to be a fund transfer or allotment 24 for purposes of applying the limitation on the total March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 86 1 amount of allotments and fund transfers contained 2 in such section. 3 SEC. 712. Of the funds made available by this Act, 4 not more than $2,000,000 shall be used to cover necessary 5 expenses of activities related to all advisory committees, 6 panels, commissions, and task forces of the Department 7 of Agriculture, except for panels used to comply with nego8 tiated rule makings and panels used to evaluate competi9 tively awarded grants. 10 SEC. 713. None of the funds in this Act shall be avail- 11 able to pay indirect costs charged against any agricultural 12 research, education, or extension grant awards issued by 13 the National Institute of Food and Agriculture that exceed 14 30 percent of total Federal funds provided under each 15 award: Provided, That notwithstanding section 1462 of 16 the National Agricultural Research, Extension, and 17 Teaching Policy Act of 1977 (7 U.S.C. 3310), funds pro18 vided by this Act for grants awarded competitively by the 19 National Institute of Food and Agriculture shall be avail20 able to pay full allowable indirect costs for each grant 21 awarded under section 9 of the Small Business Act (15 22 U.S.C. 638). 23 SEC. 714. (a) None of the funds made available in 24 this Act may be used to maintain or establish a computer March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 87 1 network unless such network blocks the viewing, 2 downloading, and exchanging of pornography. 3 (b) Nothing in subsection (a) shall limit the use of 4 funds necessary for any Federal, State, tribal, or local law 5 enforcement agency or any other entity carrying out crimi6 nal investigations, prosecution, or adjudication activities. 7 SEC. 715. Notwithstanding subsection (b) of section 8 14222 of Public Law 110–246 (7 U.S.C. 612c–6; in this 9 section referred to as ‘‘section 14222’’), none of the funds 10 appropriated or otherwise made available by this or any 11 other Act shall be used to pay the salaries and expenses 12 of personnel to carry out a program under section 32 of 13 the Act of August 24, 1935 (7 U.S.C. 612c; in this section 14 referred to as ‘‘section 32’’) in excess of $1,266,582,000 15 (exclusive of carryover appropriations from prior fiscal 16 years), as follows: Child Nutrition Programs Entitlement 17 Commodities—$465,000,000; State Option Contracts— 18 $5,000,000; Removal of Defective Commodities— 19 $2,500,000; Administration of Section 32 Commodity 20 Purchases—$35,853,000: Provided, That of the total 21 funds made available in the matter preceding this proviso 22 that remain unobligated on October 1, 2018, such unobli23 gated balances shall carryover into the next fiscal year and 24 shall remain available until expended for any of the three 25 stated purposes of section 32, except that any such carry- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 88 1 over funds used in accordance with clause (3) of section 2 32 may not exceed $350,000,000 and may not be obli3 gated until the Secretary of Agriculture provides written 4 notification of the expenditures to the Committees on Ap5 propriations of both Houses of Congress at least two 6 weeks in advance: Provided further, That, with the excep7 tion of any available carryover funds authorized in the 8 first proviso of this section to be used for the purposes 9 of clause (3) of section 32, none of the funds appropriated 10 or otherwise made available by this or any other Act shall 11 be used to pay the salaries or expenses of any employee 12 of the Department of Agriculture to carry out clause (3) 13 of section 32. 14 SEC. 716. None of the funds appropriated by this or 15 any other Act shall be used to pay the salaries and ex16 penses of personnel who prepare or submit appropriations 17 language as part of the President’s budget submission to 18 the Congress for programs under the jurisdiction of the 19 Appropriations Subcommittees on Agriculture, Rural De20 velopment, Food and Drug Administration, and Related 21 Agencies that assumes revenues or reflects a reduction 22 from the previous year due to user fees proposals that 23 have not been enacted into law prior to the submission 24 of the budget unless such budget submission identifies 25 which additional spending reductions should occur in the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 89 1 event the user fees proposals are not enacted prior to the 2 date of the convening of a committee of conference for 3 the fiscal year 2019 appropriations Act. 4 SEC. 717. (a) None of the funds provided by this Act, 5 or provided by previous appropriations Acts to the agen6 cies funded by this Act that remain available for obligation 7 or expenditure in the current fiscal year, or provided from 8 any accounts in the Treasury derived by the collection of 9 fees available to the agencies funded by this Act, shall be 10 available for obligation or expenditure through a re11 programming, transfer of funds, or reimbursements as au12 thorized by the Economy Act, or in the case of the Depart13 ment of Agriculture, through use of the authority provided 14 by section 702(b) of the Department of Agriculture Or15 ganic Act of 1944 (7 U.S.C. 2257) or section 8 of Public 16 Law 89–106 (7 U.S.C. 2263), that— 17 (1) creates new programs; 18 (2) eliminates a program, project, or activity; 19 (3) increases funds or personnel by any means 20 for any project or activity for which funds have been 21 denied or restricted; 22 (4) relocates an office or employees; 23 (5) reorganizes offices, programs, or activities; 24 March 21, 2018 (6:08 p.m.) or U:\2018REPT\OMNI\Final\RCP—FM.xml 90 1 (6) contracts out or privatizes any functions or 2 activities presently performed by Federal employees; 3 unless the Secretary of Agriculture, the Chairman of the 4 Commodity Futures Trading Commission, or the Sec5 retary of Health and Human Services (as the case may 6 be) notifies in writing and receives approval from the Com7 mittees on Appropriations of both Houses of Congress at 8 least 30 days in advance of the reprogramming of such 9 funds or the use of such authority. 10 (b) None of the funds provided by this Act, or pro- 11 vided by previous Appropriations Acts to the agencies 12 funded by this Act that remain available for obligation or 13 expenditure in the current fiscal year, or provided from 14 any accounts in the Treasury derived by the collection of 15 fees available to the agencies funded by this Act, shall be 16 available for obligation or expenditure for activities, pro17 grams, or projects through a reprogramming or use of the 18 authorities referred to in subsection (a) involving funds 19 in excess of $500,000 or 10 percent, whichever is less, 20 that— 21 22 (1) augments existing programs, projects, or activities; 23 (2) reduces by 10 percent funding for any exist- 24 ing program, project, or activity, or numbers of per- 25 sonnel by 10 percent as approved by Congress; or March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 91 1 (3) results from any general savings from a re- 2 duction in personnel which would result in a change 3 in existing programs, activities, or projects as ap- 4 proved by Congress; unless the Secretary of Agri- 5 culture, the Chairman of the Commodity Futures 6 Trading Commission, or the Secretary of Health and 7 Human Services (as the case may be) notifies in 8 writing and receives approval from the Committees 9 on Appropriations of both Houses of Congress at 10 least 30 days in advance of the reprogramming or 11 transfer of such funds or the use of such authority. 12 (c) The Secretary of Agriculture, the Chairman of the 13 Commodity Futures Trading Commission, or the Sec14 retary of Health and Human Services shall notify in writ15 ing and receive approval from the Committees on Appro16 priations of both Houses of Congress before implementing 17 any program or activity not carried out during the pre18 vious fiscal year unless the program or activity is funded 19 by this Act or specifically funded by any other Act. 20 (d) None of the funds provided by this Act, or pro- 21 vided by previous Appropriations Acts to the agencies 22 funded by this Act that remain available for obligation or 23 expenditure in the current fiscal year, or provided from 24 any accounts in the Treasury derived by the collection of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 92 1 fees available to the agencies funded by this Act, shall be 2 available for— 3 (1) modifying major capital investments fund- 4 ing levels, including information technology systems, 5 that involves increasing or decreasing funds in the 6 current fiscal year for the individual investment in 7 excess of $500,000 or 10 percent of the total cost, 8 whichever is less; 9 (2) realigning or reorganizing new, current, or 10 vacant positions or agency activities or functions to 11 establish a center, office, branch, or similar entity 12 with five or more personnel; or 13 (3) carrying out activities or functions that 14 were not described in the budget request; unless the 15 agencies funded by this Act notify, in writing, the 16 Committees on Appropriations of both Houses of 17 Congress at least 30 days in advance of using the 18 funds for these purposes. 19 (e) As described in this section, no funds may be used 20 for any activities unless the Secretary of Agriculture, the 21 Chairman of the Commodity Futures Trading Commis22 sion, or the Secretary of Health and Human Services re23 ceives from the Committee on Appropriations of both 24 Houses of Congress written or electronic mail confirma- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 93 1 tion of receipt of the notification as required in this sec2 tion. 3 SEC. 718. Notwithstanding section 310B(g)(5) of the 4 Consolidated Farm and Rural Development Act (7 U.S.C. 5 1932(g)(5)), the Secretary may assess a one-time fee for 6 any guaranteed business and industry loan in an amount 7 that does not exceed 3 percent of the guaranteed principal 8 portion of the loan. 9 SEC. 719. None of the funds appropriated or other- 10 wise made available to the Department of Agriculture, the 11 Food and Drug Administration, the Commodity Futures 12 Trading Commission, or the Farm Credit Administration 13 shall be used to transmit or otherwise make available re14 ports, questions, or responses to questions that are a re15 sult of information requested for the appropriations hear16 ing process to any non-Department of Agriculture, non17 Department of Health and Human Services, non-Com18 modity Futures Trading Commission, or non-Farm Credit 19 Administration employee. 20 SEC. 720. Unless otherwise authorized by existing 21 law, none of the funds provided in this Act, may be used 22 by an executive branch agency to produce any pre23 packaged news story intended for broadcast or distribution 24 in the United States unless the story includes a clear noti25 fication within the text or audio of the prepackaged news March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 94 1 story that the prepackaged news story was prepared or 2 funded by that executive branch agency. 3 SEC. 721. No employee of the Department of Agri- 4 culture may be detailed or assigned from an agency or 5 office funded by this Act or any other Act to any other 6 agency or office of the Department for more than 60 days 7 in a fiscal year unless the individual’s employing agency 8 or office is fully reimbursed by the receiving agency or 9 office for the salary and expenses of the employee for the 10 period of assignment. 11 SEC. 722. (a) There is hereby established in the 12 Treasury of the United States a Working Capital Fund 13 (the Fund) to be administered by the Food and Drug Ad14 ministration (FDA), without fiscal year limitation, for the 15 payment of salaries, travel, and other expenses necessary 16 to the maintenance and operation of (1) a supply service 17 for the purchase, storage, handling, issuance, packing, or 18 shipping of stationery, supplies, materials, equipment, and 19 blank forms, for which stocks may be maintained to meet, 20 in whole or in part, the needs of the FDA and requisitions 21 of other Government Offices, and (2) such other services 22 as the Commissioner of the FDA, subject to review by the 23 Secretary of Health and Human Services, determines may 24 be performed more advantageously as central services. The 25 Fund shall be reimbursed from applicable discretionary re- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 95 1 sources, notwithstanding any otherwise applicable purpose 2 limitations, available when services are performed or stock 3 furnished, or in advance, on a basis of rates which shall 4 include estimated or actual charges for personal services, 5 materials, equipment, information technology, and other 6 expenses. Charges for equipment and information tech7 nology shall include costs associated with maintenance, re8 pair, and depreciation (including improvement and re9 placement). 10 (b) Of any discretionary resources appropriated in 11 this Act for fiscal year 2018 for ‘‘Department of Health 12 and Human Services, Food and Drug Administration, Sal13 aries and Expenses’’, not to exceed $5,000,000 of amounts 14 available as of September 30 may be transferred to and 15 merged with the Fund established under subsection (a), 16 notwithstanding any otherwise applicable purpose limita17 tions. 18 (c) No amounts may be transferred pursuant to this 19 section that are designated by the Congress as an emer20 gency requirement pursuant to a concurrent resolution on 21 the budget or the Balanced Budget and Emergency Def22 icit Control Act of 1985. 23 SEC. 723. Not later than 30 days after the date of 24 enactment of this Act, the Secretary of Agriculture, the 25 Commissioner of the Food and Drug Administration, the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 96 1 Chairman of the Commodity Futures Trading Commis2 sion, and the Chairman of the Farm Credit Administra3 tion shall submit to the Committees on Appropriations of 4 both Houses of Congress a detailed spending plan by pro5 gram, project, and activity for all the funds made available 6 under this Act including appropriated user fees, as defined 7 in the explanatory statement described in section 4 (in the 8 matter preceding division A of this consolidated Act). 9 SEC. 724. Of the unobligated balances from amounts 10 made available for the supplemental nutrition program as 11 authorized by section 17 of the Child Nutrition Act of 12 1966 (42 U.S.C. 1786), $800,000,000 are hereby re13 scinded. 14 SEC. 725. The Secretary shall continue an inter- 15 mediary loan packaging program based on the pilot pro16 gram in effect for fiscal year 2013 for packaging and re17 viewing section 502 single family direct loans. The Sec18 retary shall continue agreements with current inter19 mediary organizations and with additional qualified inter20 mediary organizations. The Secretary shall work with 21 these organizations to increase effectiveness of the section 22 502 single family direct loan program in rural commu23 nities and shall set aside and make available from the na24 tional reserve section 502 loans an amount necessary to March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 97 1 support the work of such intermediaries and provide a pri2 ority for review of such loans. 3 SEC. 726. For loans and loan guarantees that do not 4 require budget authority and the program level has been 5 established in this Act, the Secretary of Agriculture may 6 increase the program level for such loans and loan guaran7 tees by not more than 25 percent: Provided, That prior 8 to the Secretary implementing such an increase, the Sec9 retary notifies, in writing, the Committees on Appropria10 tions of both Houses of Congress at least 15 days in ad11 vance. 12 SEC. 727. None of the credit card refunds or rebates 13 transferred to the Working Capital Fund pursuant to sec14 tion 729 of the Agriculture, Rural Development, Food and 15 Drug Administration, and Related Agencies Appropria16 tions Act, 2002 (7 U.S.C. 2235a; Public Law 107–76) 17 shall be available for obligation without written notifica18 tion to, and the prior approval of, the Committees on Ap19 propriations of both Houses of Congress: Provided, That 20 the refunds or rebates so transferred shall be available for 21 obligation only for the acquisition of plant and capital 22 equipment necessary for the delivery of financial, adminis23 trative, and information technology services of primary 24 benefit to the agencies of the Department of Agriculture. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 98 1 SEC. 728. None of the funds made available by this 2 Act may be used to implement, administer, or enforce the 3 ‘‘variety’’ requirements of the final rule entitled ‘‘Enhanc4 ing Retailer Standards in the Supplemental Nutrition As5 sistance Program (SNAP)’’ published by the Department 6 of Agriculture in the Federal Register on December 15, 7 2016 (81 Fed. Reg. 90675) until the Secretary of Agri8 culture amends the definition of the term ‘‘variety’’ as de 9 fined in section 278.1(b)(1)(ii)(C) of title 7, Code of Fed10 eral Regulations, and ‘‘variety’’ as applied in the definition 11 of the term ‘‘staple food’’ as defined in section 271.2 of 12 title 7, Code of Federal Regulations, to increase the num13 ber of items that qualify as acceptable varieties in each 14 staple food category so that the total number of such items 15 in each staple food category exceeds the number of such 16 items in each staple food category included in the final 17 rule as published on December 15, 2016: Provided, That 18 until the Secretary promulgates such regulatory amend19 ments, the Secretary shall apply the requirements regard20 ing acceptable varieties and breadth of stock to Supple21 mental Nutrition Assistance Program retailers that were 22 in effect on the day before the date of the enactment of 23 the Agricultural Act of 2014 (Public Law 113–79). 24 SEC. 729. None of the funds made available by this 25 Act or any other Act may be used— March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 99 1 2 (1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940); or 3 (2) to prohibit the transportation, processing, 4 sale, or use of industrial hemp, or seeds of such 5 plant, that is grown or cultivated in accordance with 6 subsection section 7606 of the Agricultural Act of 7 2014, within or outside the State in which the indus- 8 trial hemp is grown or cultivated. 9 SEC. 730. Funds provided by this or any prior Appro- 10 priations Act for the Agriculture and Food Research Ini11 tiative under 7 U.S.C. 450i(b) shall be made available 12 without regard to section 7128 of the Agricultural Act of 13 2014 (7 U.S.C. 3371 note), under the matching require14 ments in laws in effect on the date before the date of en15 actment of such section: Provided, That the requirements 16 of 7 U.S.C. 450i(b)(9) shall continue to apply. 17 SEC. 731. For tree assistance payments under section 18 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 19 9081(e)) to eligible orchardists or nursery tree growers (as 20 defined in such section) of pecan trees with a tree mor21 tality rate that exceeds 7.5 percent (adjusted for normal 22 mortality) and is less than 15 percent (adjusted for nor23 mal mortality), $15,000,000, to be available until ex24 pended, for losses incurred during the period beginning 25 January 1, 2017 and ending December 31, 2017. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 100 1 SEC. 732. In carrying out subsection (h) of section 2 502 of the Housing Act of 1949 (42 U.S.C. 1472), the 3 Secretary of Agriculture shall have the same authority 4 with respect to loans guaranteed under such section and 5 eligible lenders for such loans as the Secretary has under 6 subsections (h) and (j) of section 538 of such Act (42 7 U.S.C. 1490p–2) with respect to loans guaranteed under 8 such section 538 and eligible lenders for such loans. 9 SEC. 733. None of the funds made available by this 10 Act may be used to propose, promulgate, or implement 11 any rule, or take any other action with respect to, allowing 12 or requiring information intended for a prescribing health 13 care professional, in the case of a drug or biological prod14 uct subject to section 503(b)(1) of the Federal Food, 15 Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be dis16 tributed to such professional electronically (in lieu of in 17 paper form) unless and until a Federal law is enacted to 18 allow or require such distribution. 19 SEC. 734. None of the funds made available by this 20 Act may be used to notify a sponsor or otherwise acknowl21 edge receipt of a submission for an exemption for inves22 tigational use of a drug or biological product under section 23 505(i) of the Federal Food, Drug, and Cosmetic Act (21 24 U.S.C. 355(i)) or section 351(a)(3) of the Public Health 25 Service Act (42 U.S.C. 262(a)(3)) in research in which March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 101 1 a human embryo is intentionally created or modified to 2 include a heritable genetic modification. Any such submis3 sion shall be deemed to have not been received by the Sec4 retary, and the exemption may not go into effect. 5 SEC. 735. None of the funds made available by this 6 or any other Act may be used to carry out the final rule 7 promulgated by the Food and Drug Administration and 8 put into effect November 16, 2015, in regards to the haz9 ard analysis and risk-based preventive control require10 ments of the current good manufacturing practice, hazard 11 analysis, and risk-based preventive controls for food for 12 animals rule with respect to the regulation of the produc13 tion, distribution, sale, or receipt of dried spent grain by14 products of the alcoholic beverage production process. 15 SEC. 736. Funds made available under title II of the 16 Food for Peace Act (7 U.S.C. 1721 et seq.) may only be 17 used to provide assistance to recipient nations if adequate 18 monitoring and controls, as determined by the Adminis19 trator, are in place to ensure that emergency food aid is 20 received by the intended beneficiaries in areas affected by 21 food shortages and not diverted for unauthorized or inap22 propriate purposes. 23 SEC. 737. There is hereby appropriated $1,996,000 24 to carry out section 1621 of Public Law 110–246. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 102 1 SEC. 738. No partially hydrogenated oils as defined 2 in the order published by the Food and Drug Administra3 tion in the Federal Register on June 17, 2015 (80 Fed. 4 Reg. 34650 et seq.) shall be deemed unsafe within the 5 meaning of section 409(a) of the Federal Food, Drug, and 6 Cosmetic Act (21 U.S.C. 348(a)) and no food that is intro7 duced or delivered for introduction into interstate com8 merce that bears or contains a partially hydrogenated oil 9 shall be deemed adulterated under sections 402(a)(1) or 10 402(a)(2)(C)(i) of this Act by virtue of bearing or con11 taining a partially hydrogenated oil until the compliance 12 date as specified in such order (June 18, 2018). 13 SEC. 739. For the cost of refinancing a loan pursuant 14 to section 749 of division A of Public Law 115–31, and 15 in addition to amounts provided by that section, for any 16 borrower identified by the Federal Financing Bank for re17 financing a loan where the modification calculation meth18 odology used for such refinancing pursuant to section 185 19 of Office of Management and Budget Circular No. A–11 20 results in a cost to the pilot program, $5,000,000, to re21 main available until expended: Provided, That these funds 22 shall also be available for refinancing a loan pursuant to 23 any extension or expansion of this pilot program that is 24 enacted subsequent to this Act for those same borrowers. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 103 1 SEC. 740. None of the funds made available by this 2 Act may be used by the Secretary of Agriculture, acting 3 through the Food and Nutrition Service, to commence any 4 new research and evaluation projects until the Secretary 5 submits to the Committees on Appropriations of both 6 Houses of Congress a research and evaluation plan for fis7 cal year 2018, prepared in coordination with the Research, 8 Education, and Economics mission area of the Depart9 ment of Agriculture, and a period of 30 days beginning 10 on the date of the submission of the plan expires to permit 11 Congressional review of the plan. 12 SEC. 741. There is hereby appropriated $8,000,000, 13 to remain available until expended, to carry out section 14 6407 of the Farm Security and Rural Investment Act of 15 2002 (7 U.S.C. 8107a): Provided, That the Secretary may 16 allow eligible entities to offer loans to customers in any 17 part of their service territory and to offer loans to replace 18 a manufactured housing unit with another manufactured 19 housing unit, if replacement would be more cost effective 20 in saving energy: Provided further, That funds provided 21 in section 769 of division A, Public Law 115–31, shall 22 remain available until September 30, 2019. 23 March 21, 2018 (6:08 p.m.) SEC. 742. (a) The Secretary of Agriculture shall— U:\2018REPT\OMNI\Final\RCP—FM.xml 104 1 (1) conduct audits in a manner that evaluates 2 the following factors in the country or region being 3 audited, as applicable— 4 (A) veterinary control and oversight; 5 (B) disease history and vaccination prac- 6 tices; 7 (C) 8 traceability; 9 10 livestock demographics and (D) epidemiological separation from potential sources of infection; 11 (E) surveillance practices; 12 (F) diagnostic laboratory capabilities; and 13 (G) emergency preparedness and response; 14 and 15 (2) promptly make publicly available the final 16 reports of any audits or reviews conducted pursuant 17 to subsection (1). 18 (b) This section shall be applied in a manner con- 19 sistent with United States obligations under its inter20 national trade agreements. 21 SEC. 743. There is hereby appropriated $1,000,000 22 for the Secretary to carry out a pilot program that pro23 vides forestry inventory analysis, forest management and 24 economic outcomes modelling for certain currently en25 rolled Conservation Reserve Program participants. The March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 105 1 Secretary shall allow the Commodity Credit Corporation 2 to enter into agreements with and provide grants to quali3 fied non-profit organizations dedicated to conservation, 4 forestry and wildlife habitats, that also have experience in 5 conducting accurate forest inventory analysis through the 6 use of advanced, cost-effective technology. The Secretary 7 shall focus the analysis on lands enrolled for at least eight 8 years and located in areas with a substantial concentration 9 of acres enrolled under conservation practices devoted to 10 multiple bottomland hardwood tree species including 11 CP03, CP03A, CP11, CP22, CP31 and CP40. 12 SEC. 744. None of the funds made available by this 13 Act may be used to carry out any activities or incur any 14 expense related to the issuance of licenses under section 15 3 of the Animal Welfare Act (7 U.S.C. 2133), or the re16 newal of such licenses, to class B dealers who sell dogs 17 and cats for use in research, experiments, teaching, or 18 testing. 19 SEC. 745. In addition to amounts otherwise made 20 available by this Act and notwithstanding the last sentence 21 of 16 U.S.C. 1310, there is appropriated $4,000,000, to 22 remain available until expended, to implement non-renew23 able agreements on eligible lands, including flooded agri24 cultural lands, as determined by the Secretary, under the 25 Water Bank Act (16 U.S.C. 1301–1311). March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 106 1 SEC. 746. (a)(1) No Federal funds made available for 2 this fiscal year for the rural water, waste water, waste dis3 posal, and solid waste management programs authorized 4 by sections 306, 306A, 306C, 306D, 306E, and 310B of 5 the Consolidated Farm and Rural Development Act (7 6 U.S.C. 1926 et seq.) shall be used for a project for the 7 construction, alteration, maintenance, or repair of a public 8 water or wastewater system unless all of the iron and steel 9 products used in the project are produced in the United 10 States. 11 (2) In this section, the term ‘‘iron and steel products’’ 12 means the following products made primarily of iron or 13 steel: lined or unlined pipes and fittings, manhole covers 14 and other municipal castings, hydrants, tanks, flanges, 15 pipe clamps and restraints, valves, structural steel, rein16 forced precast concrete, and construction materials. 17 (b) Subsection (a) shall not apply in any case or cat- 18 egory of cases in which the Secretary of Agriculture (in 19 this section referred to as the ‘‘Secretary’’) or the designee 20 of the Secretary finds that— 21 22 (1) applying subsection (a) would be inconsistent with the public interest; 23 (2) iron and steel products are not produced in 24 the United States in sufficient and reasonably avail- 25 able quantities or of a satisfactory quality; or March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 107 1 (3) inclusion of iron and steel products pro- 2 duced in the United States will increase the cost of 3 the overall project by more than 25 percent. 4 (c) If the Secretary or the designee receives a request 5 for a waiver under this section, the Secretary or the des6 ignee shall make available to the public on an informal 7 basis a copy of the request and information available to 8 the Secretary or the designee concerning the request, and 9 shall allow for informal public input on the request for 10 at least 15 days prior to making a finding based on the 11 request. The Secretary or the designee shall make the re12 quest and accompanying information available by elec13 tronic means, including on the official public Internet Web 14 site of the Department. 15 (d) This section shall be applied in a manner con- 16 sistent with United States obligations under international 17 agreements. 18 (e) The Secretary may retain up to 0.25 percent of 19 the funds appropriated in this Act for ‘‘Rural Utilities 20 Service—Rural Water and Waste Disposal Program Ac21 count’’ for carrying out the provisions described in sub22 section (a)(1) for management and oversight of the re23 quirements of this section. 24 (f) Subsection (a) shall not apply with respect to a 25 project for which the engineering plans and specifications March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 108 1 include use of iron and steel products otherwise prohibited 2 by such subsection if the plans and specifications have re3 ceived required approvals from State agencies prior to the 4 date of enactment of this Act. 5 (g) For purposes of this section, the terms ‘‘United 6 States’’ and ‘‘State’’ shall include each of the several 7 States, the District of Columbia, and each federally recog8 nized Indian tribe. 9 SEC. 747. The Secretary shall set aside for Rural 10 Economic Area Partnership (REAP) Zones, until August 11 15, 2018, an amount of funds made available in title III 12 under the headings of Rural Housing Insurance Fund 13 Program Account, Mutual and Self-Help Housing Grants, 14 Rural Housing Assistance Grants, Rural Community Fa15 cilities Program Account, Rural Business Program Ac16 count, Rural Development Loan Fund Program Account, 17 and Rural Water and Waste Disposal Program Account, 18 equal to the amount obligated in REAP Zones with re19 spect to funds provided under such headings in the most 20 recent fiscal year any such funds were obligated under 21 such headings for REAP Zones. 22 SEC. 748. For the purposes of determining eligibility 23 or level of program assistance for Rural Development pro24 grams the Secretary shall not include incarcerated prison 25 populations. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 109 1 SEC. 749. There is hereby appropriated $1,000,000, 2 to remain available until expended, for a pilot program 3 for the Secretary to provide grants to qualified non-profit 4 organizations and public housing authorities to provide 5 technical assistance, including financial and legal services, 6 to RHS multi-family housing borrowers to facilitate the 7 acquisition of RHS multi-family housing properties in 8 areas where the Secretary determines a risk of loss of af9 fordable housing, by non-profit housing organizations and 10 public housing authorities as authorized by law that com11 mit to keep such properties in the RHS multi-family hous12 ing program for a period of time as determined by the 13 Secretary. 14 SEC. 750. Beginning on the date of enactment of this 15 Act through fiscal year 2019, notwithstanding any other 16 provision of law, any fee issued by the State’s Electronic 17 Benefit Transfer contractor and subcontractors, including 18 Affiliates of the contractor or subcontractor, related to the 19 switching or routing of benefits for Department of Agri20 culture domestic food assistance programs shall be prohib21 ited: Provided, That for purposes of this provision, the 22 term ‘‘switching’’ means the routing of an intrastate or 23 interstate transaction that consists of transmitting the de24 tails of a transaction electronically recorded through the 25 use of an electronic benefit transfer card in one State to March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 110 1 the issuer of the card that may be in the same or different 2 State. 3 SEC. 751. None of the funds appropriated by this Act 4 may be used in any way, directly or indirectly, to influence 5 congressional action on any legislation or appropriation 6 matters pending before Congress, other than to commu7 nicate to Members of Congress as described in 18 U.S.C. 8 1913. 9 SEC. 752. (a) The Secretary of Agriculture (referred 10 to in this section as the ‘‘Secretary’’) shall carry out a 11 pilot program during fiscal year 2018 with respect to the 12 2017 crop year for county-level agriculture risk coverage 13 payments under section 1117(b)(1) of the Agricultural Act 14 of 2014 (7 U.S.C. 9017(b)(1)), that provides all or some 15 of the State Farm Service Agency offices in each State 16 the opportunity to provide agricultural producers in the 17 State a supplemental payment described in subsection (c) 18 based on the alternate calculation method described in 19 subsection (b) for 1 or more counties in a State if the 20 office for that State determines that the alternate calcula21 tion method is necessary to ensure that, to the maximum 22 extent practicable, there are not significant yield calcula23 tion disparities between comparable counties in the State. 24 (b) The alternate calculation method referred to in 25 subsection (a) is a method of calculating the actual yield March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 111 1 for the 2017 crop year for county-level agriculture risk 2 coverage payments under section 1117(b)(1) of the Agri3 cultural Act of 2014 (7 U.S.C. 9017(b)(1)), under 4 which— 5 (1) county data of the National Agricultural 6 Statistics Service (referred to in this section as 7 ‘‘NASS data’’) is used for the calculations; 8 (2) if there is insufficient NASS data for a 9 county (as determined under standards of the Sec- 10 retary in effect as of the date of enactment of this 11 Act) or the available NASS data produces a sub- 12 stantially disparate result, the calculation of the 13 county yield is determined using comparable contig- 14 uous county NASS data as determined by the Farm 15 Service Agency office in the applicable State; and 16 (3) if there is insufficient NASS data for a 17 comparable contiguous county (as determined under 18 standards of the Secretary in effect as of the date 19 of enactment of this Act), the calculation of the 20 county yield is determined using reliable yield data 21 from other sources, such as Risk Management Agen- 22 cy data, National Agricultural Statistics Service dis- 23 trict data, National Agricultural Statistics Service 24 State yield data, or other data as determined by the 25 Farm Service Agency office in the applicable State. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 112 1 (c)(1) A supplemental payment made under the pilot 2 program established under this section may be made to 3 an agricultural producer who is subject to the alternate 4 calculation method described in subsection (b) if that agri5 cultural producer would otherwise receive a county-level 6 agriculture risk coverage payment for the 2017 crop year 7 in an amount that is less than the payment that the agri8 cultural producer would receive under the alternate cal9 culation method. 10 (2) The amount of a supplemental payment to an ag- 11 ricultural producer under this section may not exceed the 12 difference between— 13 (A) the payment that the agricultural producer 14 would have received without the alternate calculation 15 method described in subsection (b); and 16 (B) the payment that the agricultural producer 17 would receive using the alternate calculation method. 18 (d)(1) There is appropriated to the Secretary, out of 19 funds of the Treasury not otherwise appropriated, 20 $5,000,000, to remain available until September 30, 2019, 21 to carry out the pilot program described in this section. 22 (2) Of the funds appropriated, the Secretary shall use 23 not more than $5,000,000 to carry out the pilot program 24 described in this section. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 113 1 (e)(1) To the maximum extent practicable, the Sec- 2 retary shall select States to participate in the pilot pro3 gram under this section so the cost of the pilot program 4 equals the amount provided under subsection (d). 5 (2) To the extent that the cost of the pilot program 6 exceeds the amount made available, the Secretary shall re7 duce all payments under the pilot program on a pro rata 8 basis. 9 (f) Nothing in this section affects the calculation of 10 actual yield for purposes of county-level agriculture risk 11 coverage payments under section 1117(b)(1) of the Agri12 cultural Act of 2014 (7 U.S.C. 9017(b)(1)) other than 13 payments made in accordance with the pilot program 14 under this section. 15 (g) A calculation of actual yield made using the alter- 16 nate calculation method described in subsection (b) shall 17 not be used as a basis for any agriculture risk coverage 18 payment determinations under section 1117 of the Agri19 cultural Act of 2014 (7 U.S.C. 9017) other than for pur20 poses of the pilot program under this section. 21 SEC. 753. For an additional amount for ‘‘National 22 Institute of Food and Agriculture—Research and Edu23 cation Activities’’, $6,000,000, to be available until ex24 pended, for relocation expenses and for the alteration and 25 repair of leased buildings and improvements pursuant to March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 114 1 7 U.S.C. 2250: Provided, That not later than 60 days 2 after enactment of this Act, the Secretary of Agriculture 3 shall submit a report to the Committees on Appropriations 4 of the House of Representatives and the Senate detailing 5 the planned uses of this funding. 6 SEC. 754. The Secretary of Agriculture and the Sec- 7 retary’s designees are hereby granted the same access to 8 information and subject to the same requirements applica9 ble to the Secretary of Housing and Urban Development 10 as provided in section 453 of the Social Security Act (42 11 U.S.C. 653) and section 6103(1)(7)(D)(ix) of the Internal 12 Revenue Code of 1986 (26 U.S.C. 1603(1)(7)(D)(ix)) to 13 verify the income for individuals participating in sections 14 502, 504, 521, and 524 of the Housing Act of 1949 (42 15 U.S.C. 1972, 1474, 1490a, and 1490r), notwithstanding 16 section 453(l)(1) of the Social Security Act. 17 SEC. 755. In addition to amounts otherwise made 18 available by this Act under the heading ‘‘Domestic Food 19 Programs—Food and Nutrition Services—Child Nutrition 20 Programs’’, there is appropriated $2,000,000, to remain 21 available until September 30, 2019, to allow allied profes22 sional associations to develop a training program for 23 school nutrition personnel that focuses on school food serv24 ice meal preparation and workforce development. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 115 1 SEC. 756. None of the funds made available by this 2 Act may be used to procure raw or processed poultry prod3 ucts imported into the United States from the People’s 4 Republic of China for use in the school lunch program 5 under the Richard B. Russell National School Lunch Act 6 (42 U.S.C. 1751 et seq.), the Child and Adult Care Food 7 Program under section 17 of such Act (42 U.S.C. 1766), 8 the Summer Food Service Program for Children under 9 section 13 of such Act (42 U.S.C. 1761), or the school 10 breakfast program under the Child Nutrition Act of 1966 11 (42 U.S.C. 1771 et seq.). 12 SEC. 757. In response to an eligible community where 13 the drinking water supplies are inadequate due to a nat14 ural disaster, as determined by the Secretary, including 15 drought or severe weather, the Secretary may provide po16 table water through the Emergency Community Water As17 sistance Grant Program for an additional period of time 18 not to exceed 120 days beyond the established period pro19 vided under the Program in order to protect public health. 20 SEC. 758. Section 502(i) of the Housing Act of 1949 21 (42 U.S.C. 1472(i)), is amended by striking paragraph (1) 22 and inserting the following: 23 ‘‘(1) AUTHORITY; MAXIMUM AMOUNT.—To the 24 extent provided in advance in appropriations Acts, 25 the Secretary may assess and collect a fee for a March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 116 1 lender to access the automated underwriting systems 2 of the Department in connection with such lender’s 3 participation in the single family loan program 4 under this section and only in an amount necessary 5 to cover the costs of information technology en- 6 hancements, improvements, maintenance, and devel- 7 opment for automated underwriting systems used in 8 connection with the single family loan program 9 under this section, except that such fee shall not ex- 10 ceed $50 per loan.’’. 11 SEC. 759. Of the total amounts made available by 12 this Act for direct loans and grants in the following head13 ings: ‘‘Rural Housing Service—Rural Housing Insurance 14 Fund Program Account’’; ‘‘Rural Housing Service—Mu15 tual and Self-Help Housing Grants’’; ‘‘Rural Economic 16 Infrastructure Grants’’; ‘‘Rural Housing Service—Rural 17 Community Facilities Program Account’’; ‘‘Rural Busi18 ness-Cooperative Service—Rural Business Program Ac19 count’’; ‘‘Rural Business-Cooperative Service—Rural Eco20 nomic Development Loans Program Account’’; ‘‘Rural 21 Business-Cooperative Service—Rural Cooperative Devel22 opment Grants’’; ‘‘Rural Utilities Service—Rural Water 23 and Waste Disposal Program Account’’; and ‘‘Rural Utili24 ties Service—Rural Electrification and Telecommuni25 cations Loans Program Account’’, at least 10 percent of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 117 1 the funds shall be allocated for assistance in persistent 2 poverty counties under this section, including, notwith3 standing any other provision regarding population limits, 4 any county seat of such a persistent poverty county that 5 has a population that does not exceed the authorized popu6 lation limit by more than 10 percent: Provided, That for 7 purposes of this section, the term ‘‘persistent poverty 8 counties’’ means any county that has had 20 percent or 9 more of its population living in poverty over the past 30 10 years, as measured by the 1980, 1990, and 2000 decennial 11 censuses, and 2007–2011 American Community Survey 512 year average: Provided further, That with respect to spe13 cific activities for which program levels have been made 14 available by this Act that are not supported by budget au15 thority, the requirements of this section shall be applied 16 to such program level. 17 SEC. 760. (a) No funds shall be used to finalize the 18 proposed rule entitled ‘‘Eligibility of the People’s Republic 19 of China (PRC) to Export to the United States Poultry 20 Products from Birds Slaughtered in the PRC’’ published 21 in the Federal Register by the Department of Agriculture 22 on June 16, 2017 (82 Fed. Reg. 27625), unless the Sec23 retary of Agriculture shall— March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 118 1 (1) ensure that the poultry slaughter inspection 2 system for the PRC is equivalent to that of the 3 United States; 4 (2) ensure that, before any poultry products 5 can enter the United States from any such poultry 6 plant, such poultry products comply with all other 7 applicable requirements for poultry products in 8 interstate commerce in the United States; 9 (3) conduct periodic verification reviews and au- 10 dits of any such plants in the PRC intending to ex- 11 port into the United States processed poultry prod- 12 ucts; 13 (4) conduct re-inspection of such poultry prod- 14 ucts at United States ports-of-entry to check the 15 general condition of such products, for the proper 16 certification and labeling of such products, and for 17 any damage to such products that may have oc- 18 curred during transportation; and 19 (5) ensure that shipments of any such poultry 20 products selected to enter the United States are sub- 21 ject to additional re-inspection procedures at appro- 22 priate levels to verify that the products comply with 23 relevant Federal regulations or standards, including 24 examinations for product defects and laboratory 25 analyses to detect harmful chemical residues or March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 119 1 pathogen testing appropriate for the products in- 2 volved. 3 (b) This section shall be applied in a manner con- 4 sistent with obligations of the United States under any 5 trade agreement to which the United States is a party. 6 SEC. 761. (a) Section 2 of the Watershed Protection 7 and Flood Prevention Act (16 U.S.C. 1002) is amended 8 in the matter following paragraph (3) by striking 9 ‘‘$5,000,000’’ and inserting ‘‘$25,000,000’’. 10 (b) Section 5 of the Watershed Protection and Flood 11 Prevention Act (16 U.S.C. 1005) is amended— 12 13 14 (1) in paragraph (3), by striking ‘‘$5,000,000’’ and inserting ‘‘$25,000,000’’; and (2) in paragraph (4), by striking ‘‘$5,000,000’’ 15 and inserting ‘‘$25,000,000’’. 16 SEC. 762. In addition to funds appropriated in this 17 Act, there is hereby appropriated $116,000,000, to remain 18 available until expended, under the heading ‘‘Food for 19 Peace Title II Grants’’: Provided, That the funds made 20 available under this section shall be used for the purposes 21 set forth in the Food for Peace Act for both emergency 22 and non-emergency purposes. 23 SEC. 763. In addition to any other funds made avail- 24 able in this Act or any other Act, there is appropriated 25 $5,000,000 to carry out section 18(g)(8) of the Richard March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 120 1 B. Russell National School Lunch Act (42 U.S.C. 2 1769(g)), to remain available until expended. 3 SEC. 764. None of the funds made available by this 4 Act may be used by the Food and Drug Administration 5 to develop, issue, promote, or advance any regulations ap6 plicable to food manufacturers for population-wide sodium 7 reduction actions or to develop, issue, promote or advance 8 final guidance applicable to food manufacturers for long 9 term population-wide sodium reduction actions until the 10 date on which a dietary reference intake report with re11 spect to sodium is completed. 12 SEC. 765. Pursuant to section 185 of Public Law 13 114–223 (as added by Public Law 114–254 (130 Stat. 14 1018)), the Secretary of Agriculture may provide financial 15 and technical assistance to remove and dispose of debris 16 and sediment that could adversely affect health and safety 17 on non-Federal land in a flood-affected county or parish: 18 Provided, That such assistance may be used to restore pre19 disaster hydraulic capacity of the watershed: Provided fur20 ther, That such assistance may not be used to correct an 21 operation and maintenance issue that existed prior to the 22 disaster. 23 SEC. 766. Section 1244 of the Food Security Act of 24 1985 (16 U.S.C. 3844) is amended by adding at the end 25 the following: March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 121 1 2 ‘‘(m) EXEMPTION FROM CERTAIN REPORTING REQUIREMENTS.— 3 ‘‘(1) DEFINITION OF EXEMPTED PRODUCER.— 4 In this subsection, the term ‘exempted producer’ 5 means a producer or landowner eligible to partici- 6 pate in any conservation program administered by 7 the Secretary. 8 ‘‘(2) EXEMPTION.—Notwithstanding the Fed- 9 eral Funding Accountability and Transparency Act 10 of 2006 (Public Law 109–282; 31 U.S.C. 6101 11 note), the requirements of parts 25 and 170 of title 12 2, Code of Federal Regulations (and any successor 13 regulations), shall not apply with respect to assist- 14 ance received by an exempted producer from the 15 Secretary, acting through the Natural Resources 16 Conservation Service.’’. 17 SEC. 767. There is hereby appropriated $600,000 for 18 the purposes of section 727 of division A of Public Law 19 112–55. 20 SEC. 768. None of the funds made available by this 21 Act may be used in contravention of— 22 (1) section 9(b)(10) of the Richard B. Russell 23 National 24 1758(b)(10)); or March 21, 2018 (6:08 p.m.) School Lunch Act (42 U.S.C. U:\2018REPT\OMNI\Final\RCP—FM.xml 122 1 (2) section 245.8 of title 7, Code of Federal 2 Regulations. 3 SEC. 769. There is hereby appropriated $1,000,000, 4 to remain available until September 30, 2019, for the cost 5 of loans and grants that is consistent with section 4206 6 of the Agricultural Act of 2014, for necessary expenses 7 of the Secretary to support projects that provide access 8 to healthy food in underserved areas, to create and pre9 serve quality jobs, and to revitalize low-income commu10 nities. 11 SEC. 770. During fiscal year 2018, the Food and 12 Drug Administration shall not allow the introduction or 13 delivery for introduction into interstate commerce of any 14 food that contains genetically engineered salmon until the 15 FDA publishes final labeling guidelines for informing con16 sumers of such content. 17 SEC. 771. For an additional amount for ‘‘Animal and 18 Plant Health Inspection Service—Salaries and Expenses’’, 19 $7,500,000, to remain available until September 30, 2019, 20 for one-time control and management and associated ac21 tivities directly related to the multiple-agency response to 22 citrus greening. 23 SEC. 772. (a) The Department of Agriculture Reor- 24 ganization Act of 1994 (7 U.S.C. 6931) is amended— March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 123 1 (1) by striking ‘‘Subtitle B—Farm and Foreign 2 Agricultural Services’’ and inserting ‘‘Subtitle B— 3 Farm Production and Conservation’’; and 4 (2) by revising section 225 to read as follows: 5 ‘‘SEC. 225. UNDER SECRETARY OF AGRICULTURE FOR 6 7 FARM PRODUCTION AND CONSERVATION. ‘‘(a) AUTHORIZATION.—The Secretary is authorized 8 to establish in the Department the position of Under Sec9 retary of Agriculture for Farm Production and Conserva10 tion. 11 ‘‘(b) CONFIRMATION REQUIRED.—If the Secretary 12 establishes the position of Under Secretary of Agriculture 13 for Farm Production and Conservation authorized under 14 subsection (a), the Under Secretary shall be appointed by 15 the President, by and with the advice and consent of the 16 Senate. 17 ‘‘(c) FUNCTIONS OF UNDERSECRETARY.—The Under 18 Secretary of Agriculture for Farm Production and Con19 servation shall perform such functions and duties as the 20 Secretary shall prescribe. 21 ‘‘(d) SUCCESSION.—Any official who is serving as 22 Under Secretary of Agriculture for Farm and Foreign Ag23 ricultural Services on the date of the enactment of this 24 Act and who was appointed by the President, by and with 25 the advice and consent of the Senate, shall not be required March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 124 1 to be reappointed under subsection (b) to the successor 2 position authorized under subsection (a).’’. 3 (b) Section 5314 of title 5, United States Code, is 4 amended by striking ‘‘Under Secretary of Agriculture for 5 Farm and Foreign Agricultural Services.’’ and inserting 6 ‘‘Under Secretary of Agriculture for Farm Production and 7 Conservation.’’ and ‘‘Under Secretary of Agriculture for 8 Trade and Foreign Agricultural Affairs.’’. 9 SEC. 773. None of the funds made available by this 10 or any other Act may be used to enforce the final rule 11 promulgated by the Food and Drug Administration enti12 tled ‘‘Standards for the Growing, Harvesting, Packing, 13 and Holding of Produce for Human Consumption,’’ and 14 published on November 27, 2015, with respect to the regu15 lation of the production, distribution, sale, or receipt of 16 grape varietals that are grown, harvested and used solely 17 for wine and receive commercial processing that ade18 quately reduces the presence of microorganisms of public 19 health significance. 20 SEC. 774. None of the funds made available by this 21 Act may be used to revoke an exception made— 22 (1) pursuant to the rule entitled ‘‘Exceptions to 23 Geographic Areas for Official Agencies Under the 24 USGSA’’ published by the Department of Agri- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 125 1 culture in the Federal Register on April 18, 2003 2 (68 Fed. Reg. 19137, 19139); and 3 4 (2) on a date before April 14, 2017. SEC. 775. There is hereby appropriated $20,000,000, 5 to remain available until expended, for an additional 6 amount for telemedicine and distance learning services in 7 rural areas, as authorized by 7 U.S.C 950aaa et seq., to 8 help address the opioid epidemic in rural America. 9 SEC. 776. For school year 2018–2019, only a school 10 food authority that had a negative balance in the nonprofit 11 school food service account as of January 31, 2018, shall 12 be required to establish a price for paid lunches in accord13 ance with Section 12(p) of the Richard B. Russell Na14 tional School Lunch Act, 42 U.S.C. 1760(p). 15 SEC. 777. There is hereby appropriated $5,000,000, 16 to remain available until September 30, 2019, for a pilot 17 program for the National Institute of Food and Agri18 culture to provide grants to nonprofit organizations for 19 programs and services to establish and enhance farming 20 and ranching opportunities for military veterans. 21 SEC. 778. For an additional amount for ‘‘Department 22 of Health and Human Services—Food and Drug Adminis23 tration—Salaries and Expenses’’, $94,000,000, to remain 24 available until expended, in addition to amounts otherwise 25 made available for necessary expenses of processing opioid March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 126 1 and other articles imported or offered for import through 2 international mail facilities of the U.S. Postal Service: 3 Provided, That such additional amounts shall also be 4 available for expanding and enhancing inspection capacity 5 related to such processing activity (including but not lim6 ited to increasing staffing, obtaining necessary equipment 7 and supplies, and expanding and upgrading infrastruc8 ture, laboratory facilities, and data libraries): Provided 9 further, That amounts appropriated under this section 10 shall be in addition to amounts otherwise made available 11 for research and criminal investigations related to such 12 import articles, and be available for enhancing such re13 search and investigations: Provided further, That the Sec14 retary of Health and Human Services shall provide quar15 terly reports to the Committees on Appropriations of the 16 House and Senate on the obligation of amounts appro17 priated under this section. 18 SEC. 779. For an additional amount for ‘‘Rural Utili- 19 ties Service—Distance Learning, Telemedicine, and 20 Broadband Program’’, $600,000,000, to remain available 21 until expended, for the Secretary of Agriculture to conduct 22 a new broadband loan and grant pilot program under the 23 Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.): 24 Provided, That for the purpose of the new pilot program, 25 the authorities provided in such Act shall include the au- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 127 1 thority to make grants for such purposes, as described in 2 section 601(a) of such Act: Provided further, That the cost 3 of direct loans shall be as defined in section 502 of the 4 Congressional Budget Act of 1974: Provided further, That 5 at least 90 percent of the households to be served by a 6 project receiving a loan or grant under the pilot program 7 shall be in a rural area without sufficient access to 8 broadband, defined for this pilot program as 10 Mbps 9 downstream, and 1 Mbps upstream, which shall be re10 evaluated and redetermined, as necessary, on an annual 11 basis by the Secretary of Agriculture: Provided further, 12 That an entity to which a loan or grant is made under 13 the pilot program shall not use the loan or grant to over14 build or duplicate broadband expansion efforts made by 15 any entity that has received a broadband loan from the 16 Rural Utilities Service: Provided further, That in addition 17 to other available funds, not more than four percent of 18 the funds can be used for administrative costs to carry 19 out this pilot program and up to three percent may be 20 utilized for technical assistance and pre-development plan21 ning activities to support the most rural communities, 22 which shall be transferred to and merged with the appro23 priation for ‘‘Rural Development, Salaries and Expenses’’: 24 Provided further, That the Rural Utility Service is directed 25 to expedite program delivery methods that would imple- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 128 1 ment this section: Provided further, That for purposes of 2 this section, the Secretary shall adhere to the notice, re3 porting and service area assessment requirements set 4 forth in sections 6104(a)(2)(D) and 6104(a)(2)(E) of the 5 Agricultural Act of 2014 (7 U.S.C. 950bb(d)(5), and 6 950bb(d)(8) and 950bb(d)(10)). 7 SEC. 780. For an additional amount for the cost of 8 direct loans and grants made under the ‘‘Rural Water and 9 Waste Disposal Program Account’’, $500,000,000, to re10 main available until expended, of which not to exceed 11 $495,000,000 shall be for grants. 12 SEC. 781. The Secretary of Agriculture and the Com- 13 missioner of Food and Drugs shall— 14 (1) post on a public Website in a searchable 15 format information on competitive grant awards 16 made using funds made available under an appro- 17 priations Act (other than funds appropriated to the 18 Commodity Credit Corporation, the Forest Service, 19 or funds provided under the heading ‘‘Food for 20 Peace Title II Grants’’) that includes, with respect 21 to each such award, the Congressional District cor- 22 responding to the State, District, Tribal jurisdiction, 23 or territory of the United States in which the recipi- 24 ent of the funds is geographically located; and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 129 1 (2) not provide advance notification of such 2 grant awards to any person outside of the Depart- 3 ment of Agriculture or the Food and Drug Adminis- 4 tration except potential awardees, until such infor- 5 mation is posted, as described in paragraph (1). 6 SEC. 782. None of the funds made available by this 7 Act may be used to pay the salaries or expenses of per8 sonnel— 9 10 (1) to inspect horses under section 3 of the Federal Meat Inspection Act (21 U.S.C. 603); 11 (2) to inspect horses under section 903 of the 12 Federal Agriculture Improvement and Reform Act of 13 1996 (7 U.S.C. 1901 note; Public Law 104–127); or 14 (3) to implement or enforce section 352.19 of 15 title 9, Code of Federal Regulations (or a successor 16 regulation). 17 SEC. 783. None of the funds appropriated or other- 18 wise made available by this or any other Act shall be used 19 to pay the salaries and expenses of personnel to carry out 20 the Biomass Crop Assistance Program authorized by sec21 tion 9011 of the Farm Security and Rural Investment Act 22 of 2002 (7 U.S.C. 8111). 23 This division may be cited as the ‘‘Agriculture, Rural 24 Development, Food and Drug Administration, and Re25 lated Agencies Appropriations Act, 2018’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 130 1 DIVISION B—COMMERCE, 2 SCIENCE, AND RELATED 3 APPROPRIATIONS ACT, 2018 JUSTICE, AGENCIES 4 TITLE I 5 DEPARTMENT OF COMMERCE 6 INTERNATIONAL TRADE ADMINISTRATION 7 OPERATIONS AND ADMINISTRATION 8 For necessary expenses for international trade activi- 9 ties of the Department of Commerce provided for by law, 10 and for engaging in trade promotional activities abroad, 11 including expenses of grants and cooperative agreements 12 for the purpose of promoting exports of United States 13 firms, without regard to sections 3702 and 3703 of title 14 44, United States Code; full medical coverage for depend15 ent members of immediate families of employees stationed 16 overseas and employees temporarily posted overseas; travel 17 and transportation of employees of the International 18 Trade Administration between two points abroad, without 19 regard to section 40118 of title 49, United States Code; 20 employment of citizens of the United States and aliens by 21 contract for services; rental of space abroad for periods 22 not exceeding 10 years, and expenses of alteration, repair, 23 or improvement; purchase or construction of temporary 24 demountable exhibition structures for use abroad; pay25 ment of tort claims, in the manner authorized in the first March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 131 1 paragraph of section 2672 of title 28, United States Code, 2 when such claims arise in foreign countries; not to exceed 3 $294,300 for official representation expenses abroad; pur4 chase of passenger motor vehicles for official use abroad, 5 not to exceed $45,000 per vehicle; obtaining insurance on 6 official motor vehicles; and rental of tie lines, 7 $495,000,000, to remain available until September 30, 8 2019, of which $13,000,000 is to be derived from fees to 9 be retained and used by the International Trade Adminis10 tration, notwithstanding section 3302 of title 31, United 11 States Code: Provided, That, of amounts provided under 12 this heading, not less than $16,400,000 shall be for China 13 antidumping and countervailing duty enforcement and 14 compliance activities: Provided further, That the provisions 15 of the first sentence of section 105(f) and all of section 16 108(c) of the Mutual Educational and Cultural Exchange 17 Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 18 in carrying out these activities; and that for the purpose 19 of this Act, contributions under the provisions of the Mu20 tual Educational and Cultural Exchange Act of 1961 shall 21 include payment for assessments for services provided as 22 part of these activities. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 132 1 2 3 BUREAU OF INDUSTRY AND SECURITY OPERATIONS AND ADMINISTRATION For necessary expenses for export administration and 4 national security activities of the Department of Com5 merce, including costs associated with the performance of 6 export administration field activities both domestically and 7 abroad; full medical coverage for dependent members of 8 immediate families of employees stationed overseas; em9 ployment of citizens of the United States and aliens by 10 contract for services abroad; payment of tort claims, in 11 the manner authorized in the first paragraph of section 12 2672 of title 28, United States Code, when such claims 13 arise in foreign countries; not to exceed $13,500 for offi14 cial representation expenses abroad; awards of compensa15 tion to informers under the Export Administration Act of 16 1979, and as authorized by section 1(b) of the Act of June 17 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase 18 of passenger motor vehicles for official use and motor vehi19 cles for law enforcement use with special requirement vehi20 cles eligible for purchase without regard to any price limi21 tation otherwise established by law, $113,500,000, to re22 main available until expended: Provided, That the provi23 sions of the first sentence of section 105(f) and all of sec24 tion 108(c) of the Mutual Educational and Cultural Ex25 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 133 1 apply in carrying out these activities: Provided further, 2 That payments and contributions collected and accepted 3 for materials or services provided as part of such activities 4 may be retained for use in covering the cost of such activi5 ties, and for providing information to the public with re6 spect to the export administration and national security 7 activities of the Department of Commerce and other ex8 port control programs of the United States and other gov9 ernments. 10 ECONOMIC DEVELOPMENT ADMINISTRATION 11 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 12 For grants for economic development assistance as 13 provided by the Public Works and Economic Development 14 Act of 1965, for trade adjustment assistance, and for 15 grants authorized by section 27 of the Stevenson-Wydler 16 Technology Innovation Act of 1980 (15 U.S.C. 3722), 17 $262,500,000, to remain available until expended, of 18 which $21,000,000 shall be for grants under such section 19 27. 20 21 SALARIES AND EXPENSES For necessary expenses of administering the eco- 22 nomic development assistance programs as provided for by 23 law, $39,000,000: Provided, That these funds may be used 24 to monitor projects approved pursuant to title I of the 25 Public Works Employment Act of 1976, title II of the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 134 1 Trade Act of 1974, section 27 of the Stevenson-Wydler 2 Technology Innovation Act of 1980 (15 U.S.C. 3722), and 3 the Community Emergency Drought Relief Act of 1977. 4 MINORITY BUSINESS DEVELOPMENT AGENCY 5 MINORITY BUSINESS DEVELOPMENT 6 For necessary expenses of the Department of Com- 7 merce in fostering, promoting, and developing minority 8 business enterprise, including expenses of grants, con9 tracts, and other agreements with public or private organi10 zations, $39,000,000. 11 12 13 ECONOMIC AND STATISTICAL ANALYSIS SALARIES AND EXPENSES For necessary expenses, as authorized by law, of eco- 14 nomic and statistical analysis programs of the Department 15 of Commerce, $99,000,000, to remain available until Sep16 tember 30, 2019. 17 18 19 BUREAU OF THE CENSUS CURRENT SURVEYS AND PROGRAMS For necessary expenses for collecting, compiling, ana- 20 lyzing, preparing and publishing statistics, provided for by 21 law, $270,000,000: Provided, That, from amounts pro22 vided herein, funds may be used for promotion, outreach, 23 and marketing activities: Provided further, That the Bu24 reau of the Census shall collect and analyze data for the 25 Annual Social and Economic Supplement to the Current March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 135 1 Population Survey using the same health insurance ques2 tions included in previous years, in addition to the revised 3 questions implemented in the Current Population Survey 4 beginning in February 2014. 5 PERIODIC CENSUSES AND PROGRAMS 6 (INCLUDING TRANSFER OF FUNDS) 7 For necessary expenses for collecting, compiling, ana- 8 lyzing, preparing and publishing statistics for periodic cen9 suses and programs provided for by law, $2,544,000,000, 10 to remain available until September 30, 2020: Provided, 11 That, from amounts provided herein, funds may be used 12 for promotion, outreach, and marketing activities: Pro13 vided further, That within the amounts appropriated, 14 $2,580,000 shall be transferred to the ‘‘Office of Inspector 15 General’’ account for activities associated with carrying 16 out investigations and audits related to the Bureau of the 17 Census: Provided further, That not more than 50 percent 18 of the amounts made available under this heading for in19 formation technology related to 2020 census delivery, in20 cluding the Census Enterprise Data Collection and Proc21 essing (CEDCaP) program, may be obligated until the 22 Secretary updates the previous expenditure plan and re23 submits to the Committees on Appropriations of the 24 House of Representatives and the Senate a plan for ex25 penditure that: (1) identifies for each CEDCaP project/ March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 136 1 investment over $25,000: (A) the functional and perform2 ance capabilities to be delivered and the mission benefits 3 to be realized; (B) an updated estimated lifecycle cost, in4 cluding cumulative expenditures to date by fiscal year, and 5 all revised estimates for development, maintenance, and 6 operations; (C) key milestones to be met; and (D) impacts 7 of cost variances on other Census programs; (2) details 8 for each project/investment: (A) reasons for any cost and 9 schedule variances; and (B) top risks and mitigation strat10 egies; and (3) has been submitted to the Government Ac11 countability Office. 12 NATIONAL TELECOMMUNICATIONS AND INFORMATION 13 ADMINISTRATION 14 SALARIES AND EXPENSES 15 For necessary expenses, as provided for by law, of 16 the National Telecommunications and Information Ad17 ministration (NTIA), $39,500,000, to remain available 18 until September 30, 2019: Provided, That, notwith19 standing 31 U.S.C. 1535(d), the Secretary of Commerce 20 shall charge Federal agencies for costs incurred in spec21 trum management, analysis, operations, and related serv22 ices, and such fees shall be retained and used as offsetting 23 collections for costs of such spectrum services, to remain 24 available until expended: Provided further, That the Sec25 retary of Commerce is authorized to retain and use as off- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 137 1 setting collections all funds transferred, or previously 2 transferred, from other Government agencies for all costs 3 incurred in telecommunications research, engineering, and 4 related activities by the Institute for Telecommunication 5 Sciences of NTIA, in furtherance of its assigned functions 6 under this paragraph, and such funds received from other 7 Government agencies shall remain available until ex8 pended: Provided further, That $7,500,000 shall be to up9 date the national broadband availability map in coordina10 tion with the Federal Communications Commission and 11 using partnerships previously developed with the States. 12 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING 13 AND CONSTRUCTION 14 For the administration of prior-year grants, recov- 15 eries and unobligated balances of funds previously appro16 priated are available for the administration of all open 17 grants until their expiration. 18 UNITED STATES PATENT AND TRADEMARK OFFICE 19 SALARIES AND EXPENSES 20 (INCLUDING TRANSFERS OF FUNDS) 21 For necessary expenses of the United States Patent 22 and Trademark Office (USPTO) provided for by law, in23 cluding defense of suits instituted against the Under Sec24 retary of Commerce for Intellectual Property and Director 25 of the USPTO, $3,500,000,000, to remain available until March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 138 1 expended: Provided, That the sum herein appropriated 2 from the general fund shall be reduced as offsetting collec3 tions of fees and surcharges assessed and collected by the 4 USPTO under any law are received during fiscal year 5 2018, so as to result in a fiscal year 2018 appropriation 6 from the general fund estimated at $0: Provided further, 7 That during fiscal year 2018, should the total amount of 8 such offsetting collections be less than $3,500,000,000 9 this amount shall be reduced accordingly: Provided fur10 ther, That any amount received in excess of 11 $3,500,000,000 in fiscal year 2018 and deposited in the 12 Patent and Trademark Fee Reserve Fund shall remain 13 available until expended: Provided further, That the Direc14 tor of USPTO shall submit a spending plan to the Com15 mittees on Appropriations of the House of Representatives 16 and the Senate for any amounts made available by the 17 preceding proviso and such spending plan shall be treated 18 as a reprogramming under section 505 of this Act and 19 shall not be available for obligation or expenditure except 20 in compliance with the procedures set forth in that section: 21 Provided further, That any amounts reprogrammed in ac22 cordance with the preceding proviso shall be transferred 23 to the United States Patent and Trademark Office ‘‘Sala24 ries and Expenses’’ account: Provided further, That from 25 amounts provided herein, not to exceed $900 shall be March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 139 1 made available in fiscal year 2018 for official reception 2 and representation expenses: Provided further, That in fis3 cal year 2018 from the amounts made available for ‘‘Sala4 ries and Expenses’’ for the USPTO, the amounts nec5 essary to pay (1) the difference between the percentage 6 of basic pay contributed by the USPTO and employees 7 under section 8334(a) of title 5, United States Code, and 8 the normal cost percentage (as defined by section 9 8331(17) of that title) as provided by the Office of Per10 sonnel Management (OPM) for USPTO’s specific use, of 11 basic pay, of employees subject to subchapter III of chap12 ter 83 of that title, and (2) the present value of the other13 wise unfunded accruing costs, as determined by OPM for 14 USPTO’s specific use of post-retirement life insurance 15 and post-retirement health benefits coverage for all 16 USPTO employees who are enrolled in Federal Employees 17 Health Benefits (FEHB) and Federal Employees Group 18 Life Insurance (FEGLI), shall be transferred to the Civil 19 Service Retirement and Disability Fund, the FEGLI 20 Fund, and the FEHB Fund, as appropriate, and shall be 21 available for the authorized purposes of those accounts: 22 Provided further, That any differences between the present 23 value factors published in OPM’s yearly 300 series benefit 24 letters and the factors that OPM provides for USPTO’s 25 specific use shall be recognized as an imputed cost on March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 140 1 USPTO’s financial statements, where applicable: Provided 2 further, That, notwithstanding any other provision of law, 3 all fees and surcharges assessed and collected by USPTO 4 are available for USPTO only pursuant to section 42(c) 5 of title 35, United States Code, as amended by section 6 22 of the Leahy-Smith America Invents Act (Public Law 7 112–29): Provided further, That within the amounts ap8 propriated, $1,000,000 shall be transferred to the ‘‘Office 9 of Inspector General’’ account for activities associated 10 with carrying out investigations and audits related to the 11 USPTO. 12 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 13 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 14 (INCLUDING TRANSFER OF FUNDS) 15 For necessary expenses of the National Institute of 16 Standards and Technology (NIST), $724,500,000, to re17 main available until expended, of which not to exceed 18 $9,000,000 may be transferred to the ‘‘Working Capital 19 Fund’’: Provided, That not to exceed $20,000 shall be for 20 official reception and representation expenses: Provided 21 further, That NIST may provide local transportation for 22 summer undergraduate research fellowship program par23 ticipants. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 141 1 2 INDUSTRIAL TECHNOLOGY SERVICES For necessary expenses for industrial technology 3 services, $155,000,000, to remain available until ex4 pended, of which $140,000,000 shall be for the Hollings 5 Manufacturing Extension Partnership, and of which 6 $15,000,000 shall be for the National Network for Manu7 facturing Innovation (also known as ‘‘Manufacturing 8 USA’’). 9 10 CONSTRUCTION OF RESEARCH FACILITIES For construction of new research facilities, including 11 architectural and engineering design, and for renovation 12 and maintenance of existing facilities, not otherwise pro13 vided for the National Institute of Standards and Tech14 nology, as authorized by sections 13 through 15 of the 15 National Institute of Standards and Technology Act (15 16 U.S.C. 278c–278e), $319,000,000, to remain available 17 until expended: Provided, That the Secretary of Commerce 18 shall include in the budget justification materials that the 19 Secretary submits to Congress in support of the Depart20 ment of Commerce budget (as submitted with the budget 21 of the President under section 1105(a) of title 31, United 22 States Code) an estimate for each National Institute of 23 Standards and Technology construction project having a 24 total multi-year program cost of more than $5,000,000, 25 and simultaneously the budget justification materials shall March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 142 1 include an estimate of the budgetary requirements for 2 each such project for each of the 5 subsequent fiscal years. 3 NATIONAL OCEANIC AND ATMOSPHERIC 4 ADMINISTRATION 5 OPERATIONS, RESEARCH, AND FACILITIES 6 (INCLUDING TRANSFER OF FUNDS) 7 For necessary expenses of activities authorized by law 8 for the National Oceanic and Atmospheric Administration, 9 including maintenance, operation, and hire of aircraft and 10 vessels; pilot programs for state-led fisheries management, 11 notwithstanding any other provision of law; grants, con12 tracts, or other payments to nonprofit organizations for 13 the purposes of conducting activities pursuant to coopera14 tive agreements; and relocation of facilities, 15 $3,536,331,000, to remain available until September 30, 16 2019, except that funds provided for cooperative enforce17 ment shall remain available until September 30, 2020: 18 Provided, That fees and donations received by the Na19 tional Ocean Service for the management of national ma20 rine sanctuaries may be retained and used for the salaries 21 and expenses associated with those activities, notwith22 standing section 3302 of title 31, United States Code: Pro23 vided further, That in addition, $144,000,000 shall be de24 rived by transfer from the fund entitled ‘‘Promote and De25 velop Fishery Products and Research Pertaining to Amer- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 143 1 ican Fisheries’’, which shall only be used for fishery activi2 ties related to the Saltonstall-Kennedy Grant Program, 3 Cooperative Research, Annual Stock Assessments, Survey 4 and Monitoring Projects, Interjurisdictional Fisheries 5 Grants, and Fish Information Networks: Provided further, 6 That of the $3,697,831,000 provided for in direct obliga7 tions under this heading, $3,536,331,000 is appropriated 8 from the general fund, $144,000,000 is provided by trans9 fer, and $17,500,000 is derived from recoveries of prior 10 year obligations: Provided further, That any deviation 11 from the amounts designated for specific activities in the 12 explanatory statement described in section 4 (in the mat13 ter preceding division A of this consolidated Act), or any 14 use of deobligated balances of funds provided under this 15 heading in previous years, shall be subject to the proce16 dures set forth in section 505 of this Act: Provided further, 17 That in addition, for necessary retired pay expenses under 18 the Retired Serviceman’s Family Protection and Survivor 19 Benefits Plan, and for payments for the medical care of 20 retired personnel and their dependents under the Depend21 ents’ Medical Care Act (10 U.S.C. ch. 55), such sums as 22 may be necessary. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 144 1 PROCUREMENT, ACQUISITION AND CONSTRUCTION 2 (INCLUDING TRANSFER OF FUNDS) 3 For procurement, acquisition and construction of 4 capital assets, including alteration and modification costs, 5 of the National Oceanic and Atmospheric Administration, 6 $2,290,684,000, to remain available until September 30, 7 2020, except that funds provided for acquisition and con8 struction of vessels and construction of facilities shall re9 main available until expended: Provided, That of the 10 $2,303,684,000 provided for in direct obligations under 11 this heading, $2,290,684,000 is appropriated from the 12 general fund and $13,000,000 is provided from recoveries 13 of prior year obligations: Provided further, That any devi14 ation from the amounts designated for specific activities 15 in the explanatory statement described in section 4 (in the 16 matter preceding division A of this consolidated Act), or 17 any use of deobligated balances of funds provided under 18 this heading in previous years, shall be subject to the pro19 cedures set forth in section 505 of this Act: Provided fur20 ther, That the Secretary of Commerce shall include in 21 budget justification materials that the Secretary submits 22 to Congress in support of the Department of Commerce 23 budget (as submitted with the budget of the President 24 under section 1105(a) of title 31, United States Code) an 25 estimate for each National Oceanic and Atmospheric Ad- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 145 1 ministration procurement, acquisition or construction 2 project having a total of more than $5,000,000 and simul3 taneously the budget justification shall include an estimate 4 of the budgetary requirements for each such project for 5 each of the 5 subsequent fiscal years: Provided further, 6 That, within the amounts appropriated, $1,302,000 shall 7 be transferred to the ‘‘Office of Inspector General’’ ac8 count for activities associated with carrying out investiga9 tions and audits related to satellite procurement, acquisi10 tion and construction. 11 12 PACIFIC COASTAL SALMON RECOVERY For necessary expenses associated with the restora- 13 tion of Pacific salmon populations, $65,000,000, to re14 main available until September 30, 2019: Provided, That, 15 of the funds provided herein, the Secretary of Commerce 16 may issue grants to the States of Washington, Oregon, 17 Idaho, Nevada, California, and Alaska, and to the Feder18 ally recognized tribes of the Columbia River and Pacific 19 Coast (including Alaska), for projects necessary for con20 servation of salmon and steelhead populations that are 21 listed as threatened or endangered, or that are identified 22 by a State as at-risk to be so listed, for maintaining popu23 lations necessary for exercise of tribal treaty fishing rights 24 or native subsistence fishing, or for conservation of Pacific 25 coastal salmon and steelhead habitat, based on guidelines March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 146 1 to be developed by the Secretary of Commerce: Provided 2 further, That all funds shall be allocated based on sci3 entific and other merit principles and shall not be available 4 for marketing activities: Provided further, That funds dis5 bursed to States shall be subject to a matching require6 ment of funds or documented in-kind contributions of at 7 least 33 percent of the Federal funds. 8 9 FISHERMEN’S CONTINGENCY FUND For carrying out the provisions of title IV of Public 10 Law 95–372, not to exceed $349,000, to be derived from 11 receipts collected pursuant to that Act, to remain available 12 until expended. 13 14 FISHERY DISASTER ASSISTANCE For the necessary expenses associated with the miti- 15 gation of fishery disasters, $20,000,000 to remain avail16 able until expended: Provided, That funds shall be used 17 for mitigating the effects of commercial fishery failures 18 and fishery resource disasters as declared by the Secretary 19 of Commerce. 20 21 FISHERIES FINANCE PROGRAM ACCOUNT Subject to section 502 of the Congressional Budget 22 Act of 1974, during fiscal year 2018, obligations of direct 23 loans may not exceed $24,000,000 for Individual Fishing 24 Quota loans and not to exceed $100,000,000 for tradi- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 147 1 tional direct loans as authorized by the Merchant Marine 2 Act of 1936. 3 DEPARTMENTAL MANAGEMENT 4 SALARIES AND EXPENSES 5 For necessary expenses for the management of the 6 Department of Commerce provided for by law, including 7 not to exceed $4,500 for official reception and representa8 tion, $63,000,000. 9 10 RENOVATION AND MODERNIZATION For necessary expenses for the renovation and mod- 11 ernization of the Herbert C. Hoover Building, 12 $45,130,000, to remain available until expended. 13 14 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 15 General in carrying out the provisions of the Inspector 16 General Act of 1978 (5 U.S.C. App.), $32,744,000. 17 18 19 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE (INCLUDING TRANSFER OF FUNDS) SEC. 101. During the current fiscal year, applicable 20 appropriations and funds made available to the Depart21 ment of Commerce by this Act shall be available for the 22 activities specified in the Act of October 26, 1949 (15 23 U.S.C. 1514), to the extent and in the manner prescribed 24 by the Act, and, notwithstanding 31 U.S.C. 3324, may 25 be used for advanced payments not otherwise authorized March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 148 1 only upon the certification of officials designated by the 2 Secretary of Commerce that such payments are in the 3 public interest. 4 SEC. 102. During the current fiscal year, appropria- 5 tions made available to the Department of Commerce by 6 this Act for salaries and expenses shall be available for 7 hire of passenger motor vehicles as authorized by 31 8 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 9 3109; and uniforms or allowances therefor, as authorized 10 by law (5 U.S.C. 5901–5902). 11 SEC. 103. Not to exceed 5 percent of any appropria- 12 tion made available for the current fiscal year for the De13 partment of Commerce in this Act may be transferred be14 tween such appropriations, but no such appropriation shall 15 be increased by more than 10 percent by any such trans16 fers: Provided, That any transfer pursuant to this section 17 shall be treated as a reprogramming of funds under sec18 tion 505 of this Act and shall not be available for obliga19 tion or expenditure except in compliance with the proce20 dures set forth in that section: Provided further, That the 21 Secretary of Commerce shall notify the Committees on Ap22 propriations at least 15 days in advance of the acquisition 23 or disposal of any capital asset (including land, structures, 24 and equipment) not specifically provided for in this Act March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 149 1 or any other law appropriating funds for the Department 2 of Commerce. 3 SEC. 104. The requirements set forth by section 105 4 of the Commerce, Justice, Science, and Related Agencies 5 Appropriations Act, 2012 (Public Law 112–55), as 6 amended by section 105 of title I of division B of Public 7 Law 113–6, are hereby adopted by reference and made 8 applicable with respect to fiscal year 2018: Provided, That 9 the life cycle cost for the Joint Polar Satellite System is 10 $11,322,125,000 and the life cycle cost for the Geo11 stationary Operational Environmental Satellite R-Series 12 Program is $10,828,059,000. 13 SEC. 105. Notwithstanding any other provision of 14 law, the Secretary may furnish services (including but not 15 limited to utilities, telecommunications, and security serv16 ices) necessary to support the operation, maintenance, and 17 improvement of space that persons, firms, or organizations 18 are authorized, pursuant to the Public Buildings Coopera19 tive Use Act of 1976 or other authority, to use or occupy 20 in the Herbert C. Hoover Building, Washington, DC, or 21 other buildings, the maintenance, operation, and protec22 tion of which has been delegated to the Secretary from 23 the Administrator of General Services pursuant to the 24 Federal Property and Administrative Services Act of 1949 25 on a reimbursable or non-reimbursable basis. Amounts re- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 150 1 ceived as reimbursement for services provided under this 2 section or the authority under which the use or occupancy 3 of the space is authorized, up to $200,000, shall be cred4 ited to the appropriation or fund which initially bears the 5 costs of such services. 6 SEC. 106. Nothing in this title shall be construed to 7 prevent a grant recipient from deterring child pornog8 raphy, copyright infringement, or any other unlawful ac9 tivity over its networks. 10 SEC. 107. The Administrator of the National Oceanic 11 and Atmospheric Administration is authorized to use, with 12 their consent, with reimbursement and subject to the lim13 its of available appropriations, the land, services, equip14 ment, personnel, and facilities of any department, agency, 15 or instrumentality of the United States, or of any State, 16 local government, Indian tribal government, Territory, or 17 possession, or of any political subdivision thereof, or of 18 any foreign government or international organization, for 19 purposes related to carrying out the responsibilities of any 20 statute administered by the National Oceanic and Atmos21 pheric Administration. 22 SEC. 108. The National Technical Information Serv- 23 ice shall not charge any customer for a copy of any report 24 or document generated by the Legislative Branch unless 25 the Service has provided information to the customer on March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 151 1 how an electronic copy of such report or document may 2 be accessed and downloaded for free online. Should a cus3 tomer still require the Service to provide a printed or dig4 ital copy of the report or document, the charge shall be 5 limited to recovering the Service’s cost of processing, re6 producing, and delivering such report or document. 7 SEC. 109. The Secretary of Commerce may waive the 8 requirement for bonds under 40 U.S.C. 3131 with respect 9 to contracts for the construction, alteration, or repair of 10 vessels, regardless of the terms of the contracts as to pay11 ment or title, when the contract is made under the Coast 12 and Geodetic Survey Act of 1947 (33 U.S.C. 883a et seq.). 13 SEC. 110. To carry out the responsibilities of the Na- 14 tional Oceanic and Atmospheric Administration (NOAA), 15 the Administrator of NOAA is authorized to: (1) enter 16 into grants and cooperative agreements with; (2) use on 17 a non-reimbursable basis land, services, equipment, per18 sonnel, and facilities provided by; and (3) receive and ex19 pend funds made available on a consensual basis from: a 20 Federal agency, State or subdivision thereof, local govern21 ment, tribal government, territory, or possession or any 22 subdivisions thereof: Provided, That funds received for 23 permitting and related regulatory activities pursuant to 24 this section shall be deposited under the heading ‘‘Na25 tional Oceanic and Atmospheric Administration—Oper- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 152 1 ations, Research, and Facilities’’ and shall remain avail2 able until September 30, 2020, for such purposes: Pro3 vided further, That all funds within this section and their 4 corresponding uses are subject to section 505 of this Act. 5 SEC. 111. Amounts provided by this Act or by any 6 prior appropriations Act that remain available for obliga7 tion, for necessary expenses of the programs of the Eco8 nomics and Statistics Administration of the Department 9 of Commerce, including amounts provided for programs 10 of the Bureau of Economic Analysis and the Bureau of 11 the Census, shall be available for expenses of cooperative 12 agreements with appropriate entities, including any Fed13 eral, State, or local governmental unit, or institution of 14 higher education, to aid and promote statistical, research, 15 and methodology activities which further the purposes for 16 which such amounts have been made available. 17 This title may be cited as the ‘‘Department of Com- 18 merce Appropriations Act, 2018’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 153 1 TITLE II 2 DEPARTMENT OF JUSTICE 3 GENERAL ADMINISTRATION 4 SALARIES AND EXPENSES 5 For expenses necessary for the administration of the 6 Department of Justice, $114,000,000, of which not to ex7 ceed $4,000,000 for security and construction of Depart8 ment of Justice facilities shall remain available until ex9 pended. 10 JUSTICE INFORMATION SHARING TECHNOLOGY 11 (INCLUDING TRANSFER OF FUNDS) 12 For necessary expenses for information sharing tech- 13 nology, including planning, development, deployment and 14 departmental direction, $35,000,000, to remain available 15 until expended: Provided, That the Attorney General may 16 transfer up to $35,400,000 to this account, from funds 17 available to the Department of Justice for information 18 technology, to remain available until expended, for enter19 prise-wide information technology initiatives: Provided fur20 ther, That the transfer authority in the preceding proviso 21 is in addition to any other transfer authority contained 22 in this Act: Provided further, That any transfer pursuant 23 to the first proviso shall be treated as a reprogramming 24 under section 505 of this Act and shall not be available March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 154 1 for obligation or expenditure except in compliance with the 2 procedures set forth in that section. 3 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW 4 (INCLUDING TRANSFER OF FUNDS) 5 For expenses necessary for the administration of im- 6 migration-related activities of the Executive Office for Im7 migration Review, $504,500,000, of which $4,000,000 8 shall be derived by transfer from the Executive Office for 9 Immigration Review fees deposited in the ‘‘Immigration 10 Examinations Fee’’ account: Provided, That not to exceed 11 $35,000,000 of the total amount made available under 12 this heading shall remain available until expended. 13 14 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 15 General, $97,250,000, including not to exceed $10,000 to 16 meet unforeseen emergencies of a confidential character. 17 UNITED STATES PAROLE COMMISSION 18 SALARIES AND EXPENSES 19 For necessary expenses of the United States Parole 20 Commission as authorized, $13,308,000: Provided, That, 21 notwithstanding any other provision of law, upon the expi22 ration of a term of office of a Commissioner, the Commis23 sioner may continue to act until a successor has been ap24 pointed. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 155 1 LEGAL ACTIVITIES 2 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES 3 For expenses necessary for the legal activities of the 4 Department of Justice, not otherwise provided for, includ5 ing not to exceed $20,000 for expenses of collecting evi6 dence, to be expended under the direction of, and to be 7 accounted for solely under the certificate of, the Attorney 8 General; the administration of pardon and clemency peti9 tions; and rent of private or Government-owned space in 10 the District of Columbia, $897,500,000, of which not to 11 exceed $20,000,000 for litigation support contracts shall 12 remain available until expended: Provided, That of the 13 amount provided for INTERPOL Washington dues pay14 ments, not to exceed $685,000 shall remain available until 15 expended: Provided further, That of the total amount ap16 propriated, not to exceed $9,000 shall be available to 17 INTERPOL Washington for official reception and rep18 resentation expenses: Provided further, That notwith19 standing section 205 of this Act, upon a determination 20 by the Attorney General that emergent circumstances re21 quire additional funding for litigation activities of the Civil 22 Division, the Attorney General may transfer such amounts 23 to ‘‘Salaries and Expenses, General Legal Activities’’ from 24 available appropriations for the current fiscal year for the 25 Department of Justice, as may be necessary to respond March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 156 1 to such circumstances: Provided further, That any transfer 2 pursuant to the preceding proviso shall be treated as a 3 reprogramming under section 505 of this Act and shall 4 not be available for obligation or expenditure except in 5 compliance with the procedures set forth in that section: 6 Provided further, That of the amount appropriated, such 7 sums as may be necessary shall be available to the Civil 8 Rights Division for salaries and expenses associated with 9 the election monitoring program under section 8 of the 10 Voting Rights Act of 1965 (52 U.S.C. 10305) and to reim11 burse the Office of Personnel Management for such sala12 ries and expenses: Provided further, That of the amounts 13 provided under this heading for the election monitoring 14 program, $3,390,000 shall remain available until ex15 pended. 16 In addition, for reimbursement of expenses of the De- 17 partment of Justice associated with processing cases 18 under the National Childhood Vaccine Injury Act of 1986, 19 not to exceed $10,000,000, to be appropriated from the 20 Vaccine Injury Compensation Trust Fund. 21 SALARIES AND EXPENSES, ANTITRUST DIVISION 22 For expenses necessary for the enforcement of anti- 23 trust and kindred laws, $164,977,000, to remain available 24 until expended: Provided, That notwithstanding any other 25 provision of law, fees collected for premerger notification March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 157 1 filings under the Hart-Scott-Rodino Antitrust Improve2 ments Act of 1976 (15 U.S.C. 18a), regardless of the year 3 of collection (and estimated to be $126,000,000 in fiscal 4 year 2018), shall be retained and used for necessary ex5 penses in this appropriation, and shall remain available 6 until expended: Provided further, That the sum herein ap7 propriated from the general fund shall be reduced as such 8 offsetting collections are received during fiscal year 2018, 9 so as to result in a final fiscal year 2018 appropriation 10 from the general fund estimated at $38,977,000. 11 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS 12 For necessary expenses of the Offices of the United 13 States Attorneys, including inter-governmental and coop14 erative agreements, $2,136,750,000: Provided, That of the 15 total amount appropriated, not to exceed $7,200 shall be 16 available for official reception and representation ex17 penses: Provided further, That not to exceed $25,000,000 18 shall remain available until expended: Provided further, 19 That each United States Attorney shall establish or par20 ticipate in a task force on human trafficking. 21 22 UNITED STATES TRUSTEE SYSTEM FUND For necessary expenses of the United States Trustee 23 Program, as authorized, $225,908,000, to remain avail24 able until expended: Provided, That, notwithstanding any 25 other provision of law, deposits to the United States March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 158 1 Trustee System Fund and amounts herein appropriated 2 shall be available in such amounts as may be necessary 3 to pay refunds due depositors: Provided further, That, not4 withstanding any other provision of law, fees collected pur5 suant to section 589a(b) of title 28, United States Code, 6 shall be retained and used for necessary expenses in this 7 appropriation and shall remain available until expended: 8 Provided further, That to the extent that fees collected in 9 fiscal year 2018, net of amounts necessary to pay refunds 10 due depositors, exceed $225,908,000, those excess 11 amounts shall be available in future fiscal years only to 12 the extent provided in advance in appropriations Acts: 13 Provided further, That the sum herein appropriated from 14 the general fund shall be reduced (1) as such fees are re15 ceived during fiscal year 2018, net of amounts necessary 16 to pay refunds due depositors, (estimated at 17 $231,000,000) and (2) to the extent that any remaining 18 general fund appropriations can be derived from amounts 19 deposited in the Fund in previous fiscal years that are not 20 otherwise appropriated, so as to result in a final fiscal year 21 2018 appropriation from the general fund estimated at $0. 22 SALARIES AND EXPENSES, FOREIGN CLAIMS 23 SETTLEMENT COMMISSION 24 For expenses necessary to carry out the activities of 25 the Foreign Claims Settlement Commission, including March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 159 1 services as authorized by section 3109 of title 5, United 2 States Code, $2,409,000. 3 FEES AND EXPENSES OF WITNESSES 4 For fees and expenses of witnesses, for expenses of 5 contracts for the procurement and supervision of expert 6 witnesses, for private counsel expenses, including ad7 vances, and for expenses of foreign counsel, $270,000,000, 8 to remain available until expended, of which not to exceed 9 $16,000,000 is for construction of buildings for protected 10 witness safesites; not to exceed $3,000,000 is for the pur11 chase and maintenance of armored and other vehicles for 12 witness security caravans; and not to exceed $15,000,000 13 is for the purchase, installation, maintenance, and up14 grade of secure telecommunications equipment and a se15 cure automated information network to store and retrieve 16 the identities and locations of protected witnesses: Pro17 vided, That amounts made available under this heading 18 may not be transferred pursuant to section 205 of this 19 Act. 20 SALARIES AND EXPENSES, COMMUNITY RELATIONS 21 SERVICE 22 (INCLUDING TRANSFER OF FUNDS) 23 For necessary expenses of the Community Relations 24 Service, $15,500,000: Provided, That notwithstanding sec25 tion 205 of this Act, upon a determination by the Attorney March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 160 1 General that emergent circumstances require additional 2 funding for conflict resolution and violence prevention ac3 tivities of the Community Relations Service, the Attorney 4 General may transfer such amounts to the Community Re5 lations Service, from available appropriations for the cur6 rent fiscal year for the Department of Justice, as may be 7 necessary to respond to such circumstances: Provided fur8 ther, That any transfer pursuant to the preceding proviso 9 shall be treated as a reprogramming under section 505 10 of this Act and shall not be available for obligation or ex11 penditure except in compliance with the procedures set 12 forth in that section. 13 14 ASSETS FORFEITURE FUND For expenses authorized by subparagraphs (B), (F), 15 and (G) of section 524(c)(1) of title 28, United States 16 Code, $20,514,000, to be derived from the Department 17 of Justice Assets Forfeiture Fund. 18 UNITED STATES MARSHALS SERVICE 19 SALARIES AND EXPENSES 20 For necessary expenses of the United States Mar- 21 shals Service, $1,311,492,000, of which not to exceed 22 $6,000 shall be available for official reception and rep23 resentation expenses, and not to exceed $15,000,000 shall 24 remain available until expended. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 161 1 2 CONSTRUCTION For construction in space controlled, occupied or uti- 3 lized by the United States Marshals Service for prisoner 4 holding and related support, $53,400,000, to remain avail5 able until expended. 6 FEDERAL PRISONER DETENTION 7 (INCLUDING TRANSFER OF FUNDS) 8 For necessary expenses related to United States pris- 9 oners in the custody of the United States Marshals Service 10 as authorized by section 4013 of title 18, United States 11 Code, $1,536,000,000, to remain available until expended: 12 Provided, That not to exceed $20,000,000 shall be consid13 ered ‘‘funds appropriated for State and local law enforce14 ment assistance’’ pursuant to section 4013(b) of title 18, 15 United States Code: Provided further, That the United 16 States Marshals Service shall be responsible for managing 17 the Justice Prisoner and Alien Transportation System: 18 Provided further, That any unobligated balances available 19 from funds appropriated under the heading ‘‘General Ad20 ministration, Detention Trustee’’ shall be transferred to 21 and merged with the appropriation under this heading. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 162 1 NATIONAL SECURITY DIVISION 2 SALARIES AND EXPENSES 3 (INCLUDING TRANSFER OF FUNDS) 4 For expenses necessary to carry out the activities of 5 the National Security Division, $101,031,000, of which 6 not to exceed $5,000,000 for information technology sys7 tems shall remain available until expended: Provided, That 8 notwithstanding section 205 of this Act, upon a deter9 mination by the Attorney General that emergent cir10 cumstances require additional funding for the activities of 11 the National Security Division, the Attorney General may 12 transfer such amounts to this heading from available ap13 propriations for the current fiscal year for the Department 14 of Justice, as may be necessary to respond to such cir15 cumstances: Provided further, That any transfer pursuant 16 to the preceding proviso shall be treated as a reprogram17 ming under section 505 of this Act and shall not be avail18 able for obligation or expenditure except in compliance 19 with the procedures set forth in that section. 20 INTERAGENCY LAW ENFORCEMENT 21 INTERAGENCY CRIME AND DRUG ENFORCEMENT 22 For necessary expenses for the identification, inves- 23 tigation, and prosecution of individuals associated with the 24 most significant drug trafficking organizations, 25 transnational organized crime, and money laundering or- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 163 1 ganizations not otherwise provided for, to include inter2 governmental agreements with State and local law en3 forcement agencies engaged in the investigation and pros4 ecution of individuals involved in transnational organized 5 crime and drug trafficking, $542,850,000, of which 6 $50,000,000 shall remain available until expended: Pro7 vided, That any amounts obligated from appropriations 8 under this heading may be used under authorities avail9 able to the organizations reimbursed from this appropria10 tion. 11 FEDERAL BUREAU 12 13 OF INVESTIGATION SALARIES AND EXPENSES For necessary expenses of the Federal Bureau of In- 14 vestigation for detection, investigation, and prosecution of 15 crimes against the United States, $9,030,202,000, of 16 which not to exceed $216,900,000 shall remain available 17 until expended: Provided, That not to exceed $184,500 18 shall be available for official reception and representation 19 expenses. 20 21 CONSTRUCTION For necessary expenses, to include the cost of equip- 22 ment, furniture, and information technology requirements, 23 related to construction or acquisition of buildings, facili24 ties and sites by purchase, or as otherwise authorized by 25 law; conversion, modification and extension of federally March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 164 1 owned buildings; preliminary planning and design of 2 projects; and operation and maintenance of secure work 3 environment facilities and secure networking capabilities; 4 $370,000,000, to remain available until expended. 5 DRUG ENFORCEMENT ADMINISTRATION 6 SALARIES AND EXPENSES 7 For necessary expenses of the Drug Enforcement Ad- 8 ministration, including not to exceed $70,000 to meet un9 foreseen emergencies of a confidential character pursuant 10 to section 530C of title 28, United States Code; and ex11 penses for conducting drug education and training pro12 grams, including travel and related expenses for partici13 pants in such programs and the distribution of items of 14 token value that promote the goals of such programs, 15 $2,190,326,000, of which not to exceed $75,000,000 shall 16 remain available until expended and not to exceed $90,000 17 shall be available for official reception and representation 18 expenses. 19 BUREAU OF ALCOHOL, TOBACCO, FIREARMS 20 EXPLOSIVES 21 SALARIES AND EXPENSES 22 AND For necessary expenses of the Bureau of Alcohol, To- 23 bacco, Firearms and Explosives, for training of State and 24 local law enforcement agencies with or without reimburse25 ment, including training in connection with the training March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 165 1 and acquisition of canines for explosives and fire 2 accelerants detection; and for provision of laboratory as3 sistance to State and local law enforcement agencies, with 4 or without reimbursement, $1,293,776,000, of which not 5 to exceed $36,000 shall be for official reception and rep6 resentation expenses, not to exceed $1,000,000 shall be 7 available for the payment of attorneys’ fees as provided 8 by section 924(d)(2) of title 18, United States Code, and 9 not to exceed $20,000,000 shall remain available until ex10 pended: Provided, That none of the funds appropriated 11 herein shall be available to investigate or act upon applica12 tions for relief from Federal firearms disabilities under 13 section 925(c) of title 18, United States Code: Provided 14 further, That such funds shall be available to investigate 15 and act upon applications filed by corporations for relief 16 from Federal firearms disabilities under section 925(c) of 17 title 18, United States Code: Provided further, That no 18 funds made available by this or any other Act may be used 19 to transfer the functions, missions, or activities of the Bu20 reau of Alcohol, Tobacco, Firearms and Explosives to 21 other agencies or Departments. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 166 1 FEDERAL PRISON SYSTEM 2 SALARIES AND EXPENSES 3 (INCLUDING TRANSFER OF FUNDS) 4 For necessary expenses of the Federal Prison System 5 for the administration, operation, and maintenance of 6 Federal penal and correctional institutions, and for the 7 provision of technical assistance and advice on corrections 8 related issues to foreign governments, $7,114,000,000: 9 Provided, That the Attorney General may transfer to the 10 Department of Health and Human Services such amounts 11 as may be necessary for direct expenditures by that De12 partment for medical relief for inmates of Federal penal 13 and correctional institutions: Provided further, That the 14 Director of the Federal Prison System, where necessary, 15 may enter into contracts with a fiscal agent or fiscal inter16 mediary claims processor to determine the amounts pay17 able to persons who, on behalf of the Federal Prison Sys18 tem, furnish health services to individuals committed to 19 the custody of the Federal Prison System: Provided fur20 ther, That not to exceed $5,400 shall be available for offi21 cial reception and representation expenses: Provided fur22 ther, That not to exceed $50,000,000 shall remain avail23 able for necessary operations until September 30, 2019: 24 Provided further, That, of the amounts provided for con25 tract confinement, not to exceed $20,000,000 shall remain March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 167 1 available until expended to make payments in advance for 2 grants, contracts and reimbursable agreements, and other 3 expenses: Provided further, That the Director of the Fed4 eral Prison System may accept donated property and serv5 ices relating to the operation of the prison card program 6 from a not-for-profit entity which has operated such pro7 gram in the past, notwithstanding the fact that such not8 for-profit entity furnishes services under contracts to the 9 Federal Prison System relating to the operation of pre10 release services, halfway houses, or other custodial facili11 ties. 12 13 BUILDINGS AND FACILITIES For planning, acquisition of sites and construction of 14 new facilities; purchase and acquisition of facilities and re15 modeling, and equipping of such facilities for penal and 16 correctional use, including all necessary expenses incident 17 thereto, by contract or force account; and constructing, 18 remodeling, and equipping necessary buildings and facili19 ties at existing penal and correctional institutions, includ20 ing all necessary expenses incident thereto, by contract or 21 force account, $161,571,000, to remain available until ex22 pended: Provided, That labor of United States prisoners 23 may be used for work performed under this appropriation. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 168 1 FEDERAL PRISON INDUSTRIES, INCORPORATED 2 The Federal Prison Industries, Incorporated, is here- 3 by authorized to make such expenditures within the limits 4 of funds and borrowing authority available, and in accord 5 with the law, and to make such contracts and commit6 ments without regard to fiscal year limitations as provided 7 by section 9104 of title 31, United States Code, as may 8 be necessary in carrying out the program set forth in the 9 budget for the current fiscal year for such corporation. 10 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL 11 PRISON INDUSTRIES, INCORPORATED 12 Not to exceed $2,700,000 of the funds of the Federal 13 Prison Industries, Incorporated, shall be available for its 14 administrative expenses, and for services as authorized by 15 section 3109 of title 5, United States Code, to be com16 puted on an accrual basis to be determined in accordance 17 with the corporation’s current prescribed accounting sys18 tem, and such amounts shall be exclusive of depreciation, 19 payment of claims, and expenditures which such account20 ing system requires to be capitalized or charged to cost 21 of commodities acquired or produced, including selling and 22 shipping expenses, and expenses in connection with acqui23 sition, construction, operation, maintenance, improvement, 24 protection, or disposition of facilities and other property 25 belonging to the corporation or in which it has an interest. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 169 1 STATE 2 AND LOCAL LAW ENFORCEMENT ACTIVITIES OFFICE ON VIOLENCE AGAINST WOMEN 3 VIOLENCE AGAINST WOMEN PREVENTION AND 4 PROSECUTION PROGRAMS 5 (INCLUDING TRANSFER OF FUNDS) 6 For grants, contracts, cooperative agreements, and 7 other assistance for the prevention and prosecution of vio8 lence against women, as authorized by the Omnibus Crime 9 Control and Safe Streets Act of 1968 (34 U.S.C. 10101 10 et seq.) (‘‘the 1968 Act’’); the Violent Crime Control and 11 Law Enforcement Act of 1994 (Public Law 103–322) 12 (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990 13 (Public Law 101–647) (‘‘the 1990 Act’’); the Prosecu14 torial Remedies and Other Tools to end the Exploitation 15 of Children Today Act of 2003 (Public Law 108–21); the 16 Juvenile Justice and Delinquency Prevention Act of 1974 17 (34 U.S.C. 11101 et seq.) (‘‘the 1974 Act’’); the Victims 18 of Trafficking and Violence Protection Act of 2000 (Public 19 Law 106–386) (‘‘the 2000 Act’’); the Violence Against 20 Women and Department of Justice Reauthorization Act 21 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the Vio22 lence Against Women Reauthorization Act of 2013 (Public 23 Law 113–4) (‘‘the 2013 Act’’); and the Rape Survivor 24 Child Custody Act of 2015 (Public Law 114–22) (‘‘the 25 2015 March 21, 2018 (6:08 p.m.) Act’’); and for related victims services, U:\2018REPT\OMNI\Final\RCP—FM.xml 170 1 $492,000,000, to remain available until expended, which 2 shall be derived by transfer from amounts available for 3 obligation in this Act from the Fund established by section 4 1402 of chapter XIV of title II of Public Law 98–473 5 (34 U.S.C. 20101), notwithstanding section 1402(d) of 6 such Act of 1984, and merged with the amounts otherwise 7 made available under this heading: Provided, That except 8 as otherwise provided by law, not to exceed 5 percent of 9 funds made available under this heading may be used for 10 expenses related to evaluation, training, and technical as11 sistance: Provided further, That of the amount provided— 12 (1) $215,000,000 is for grants to combat vio- 13 lence against women, as authorized by part T of the 14 1968 Act; 15 (2) $35,000,000 is for transitional housing as- 16 sistance grants for victims of domestic violence, dat- 17 ing violence, stalking, or sexual assault as authorized 18 by section 40299 of the 1994 Act; 19 (3) $3,500,000 is for the National Institute of 20 Justice for research and evaluation of violence 21 against women and related issues addressed by 22 grant programs of the Office on Violence Against 23 Women, which shall be transferred to ‘‘Research, 24 Evaluation and Statistics’’ for administration by the 25 Office of Justice Programs; March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 171 1 (4) $11,000,000 is for a grant program to pro- 2 vide services to advocate for and respond to youth 3 victims of domestic violence, dating violence, sexual 4 assault, and stalking; assistance to children and 5 youth exposed to such violence; programs to engage 6 men and youth in preventing such violence; and as- 7 sistance to middle and high school students through 8 education and other services related to such violence: 9 Provided, That unobligated balances available for 10 the programs authorized by sections 41201, 41204, 11 41303, and 41305 of the 1994 Act, prior to its 12 amendment by the 2013 Act, shall be available for 13 this program: Provided further, That 10 percent of 14 the total amount available for this grant program 15 shall be available for grants under the program au- 16 thorized by section 2015 of the 1968 Act: Provided 17 further, That the definitions and grant conditions in 18 section 40002 of the 1994 Act shall apply to this 19 program; 20 (5) $53,000,000 is for grants to encourage ar- 21 rest policies as authorized by part U of the 1968 22 Act, of which $4,000,000 is for a homicide reduction 23 initiative; March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 172 1 (6) $35,000,000 is for sexual assault victims 2 assistance, as authorized by section 41601 of the 3 1994 Act; 4 (7) $40,000,000 is for rural domestic violence 5 and child abuse enforcement assistance grants, as 6 authorized by section 40295 of the 1994 Act; 7 (8) $20,000,000 is for grants to reduce violent 8 crimes against women on campus, as authorized by 9 section 304 of the 2005 Act; 10 (9) $45,000,000 is for legal assistance for vic- 11 tims, as authorized by section 1201 of the 2000 Act; 12 (10) $5,000,000 is for enhanced training and 13 services to end violence against and abuse of women 14 in later life, as authorized by section 40802 of the 15 1994 Act; 16 (11) $16,000,000 is for grants to support fami- 17 lies in the justice system, as authorized by section 18 1301 of the 2000 Act: Provided, That unobligated 19 balances available for the programs authorized by 20 section 1301 of the 2000 Act and section 41002 of 21 the 1994 Act, prior to their amendment by the 2013 22 Act, shall be available for this program; 23 (12) $6,000,000 is for education and training 24 to end violence against and abuse of women with March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 173 1 disabilities, as authorized by section 1402 of the 2 2000 Act; 3 (13) $500,000 is for the National Resource 4 Center on Workplace Responses to assist victims of 5 domestic violence, as authorized by section 41501 of 6 the 1994 Act; 7 (14) $1,000,000 is for analysis and research on 8 violence against Indian women, including as author- 9 ized by section 904 of the 2005 Act: Provided, That 10 such funds may be transferred to ‘‘Research, Eval- 11 uation and Statistics’’ for administration by the Of- 12 fice of Justice Programs; 13 (15) $500,000 is for a national clearinghouse 14 that provides training and technical assistance on 15 issues relating to sexual assault of American Indian 16 and Alaska Native women; 17 (16) $4,000,000 is for grants to assist tribal 18 governments in exercising special domestic violence 19 criminal jurisdiction, as authorized by section 904 of 20 the 2013 Act: Provided, That the grant conditions in 21 section 40002(b) of the 1994 Act shall apply to this 22 program; and 23 24 March 21, 2018 (6:08 p.m.) (17) $1,500,000 for the purposes authorized under the 2015 Act. U:\2018REPT\OMNI\Final\RCP—FM.xml 174 1 2 3 OFFICE OF JUSTICE PROGRAMS RESEARCH, EVALUATION AND STATISTICS For grants, contracts, cooperative agreements, and 4 other assistance authorized by title I of the Omnibus 5 Crime Control and Safe Streets Act of 1968 (‘‘the 1968 6 Act’’); the Juvenile Justice and Delinquency Prevention 7 Act of 1974 (‘‘the 1974 Act’’); the Missing Children’s As8 sistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial 9 Remedies and Other Tools to end the Exploitation of Chil10 dren Today Act of 2003 (Public Law 108–21); the Justice 11 for All Act of 2004 (Public Law 108–405); the Violence 12 Against Women and Department of Justice Reauthoriza13 tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); 14 the Victims of Child Abuse Act of 1990 (Public Law 101– 15 647); the Second Chance Act of 2007 (Public Law 110– 16 199); the Victims of Crime Act of 1984 (Public Law 98– 17 473); the Adam Walsh Child Protection and Safety Act 18 of 2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’); 19 the PROTECT Our Children Act of 2008 (Public Law 20 110–401); subtitle D of title II of the Homeland Security 21 Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); the 22 NICS Improvement Amendments Act of 2007 (Public 23 Law 110–180); the Violence Against Women Reauthoriza24 tion Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 175 1 and other programs, $90,000,000, to remain available 2 until expended, of which— 3 (1) $48,000,000 is for criminal justice statistics 4 programs, and other activities, as authorized by part 5 C of title I of the 1968 Act, of which $5,000,000 is 6 for a nationwide incident-based crime statistics pro- 7 gram; and 8 (2) $42,000,000 is for research, development, 9 and evaluation programs, and other activities as au- 10 thorized by part B of title I of the 1968 Act and 11 subtitle D of title II of the 2002 Act, of which 12 $4,000,000 is for research targeted toward devel- 13 oping a better understanding of the domestic 14 radicalization phenomenon, and advancing evidence- 15 based strategies for effective intervention and pre- 16 vention. 17 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 18 (INCLUDING TRANSFER OF FUNDS) 19 For grants, contracts, cooperative agreements, and 20 other assistance authorized by the Violent Crime Control 21 and Law Enforcement Act of 1994 (Public Law 103–322) 22 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe 23 Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All 24 Act of 2004 (Public Law 108–405); the Victims of Child 25 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 176 1 Act’’); the Trafficking Victims Protection Reauthorization 2 Act of 2005 (Public Law 109–164); the Violence Against 3 Women and Department of Justice Reauthorization Act 4 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the 5 Adam Walsh Child Protection and Safety Act of 2006 6 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the Vic7 tims of Trafficking and Violence Protection Act of 2000 8 (Public Law 106–386); the NICS Improvement Amend9 ments Act of 2007 (Public Law 110–180); subtitle D of 10 title II of the Homeland Security Act of 2002 (Public Law 11 107–296) (‘‘the 2002 Act’’); the Second Chance Act of 12 2007 (Public Law 110–199); the Prioritizing Resources 13 and Organization for Intellectual Property Act of 2008 14 (Public Law 110–403); the Victims of Crime Act of 1984 15 (Public Law 98–473); the Mentally Ill Offender Treat16 ment and Crime Reduction Reauthorization and Improve17 ment Act of 2008 (Public Law 110–416); the Violence 18 Against Women Reauthorization Act of 2013 (Public Law 19 113–4) (‘‘the 2013 Act’’); the Comprehensive Addiction 20 and Recovery Act of 2016 (Public Law 114–198) 21 (‘‘CARA’’); the Justice for All Reauthorization Act of 22 2016 (Public Law 114–324); and other programs, 23 $1,677,500,000, to remain available until expended as fol24 lows— March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 177 1 (1) $415,500,000 for the Edward Byrne Memo- 2 rial Justice Assistance Grant program as authorized 3 by subpart 1 of part E of title I of the 1968 Act 4 (except that section 1001(c), and the special rules 5 for Puerto Rico under section 505(g) of title I of the 6 1968 Act shall not apply for purposes of this Act), 7 of 8 $10,000,000 is for the Officer Robert Wilson III 9 Memorial Initiative on Preventing Violence Against 10 Law Enforcement Officer Resilience and Surviv- 11 ability (VALOR), $5,000,000 is for an initiative to 12 support evidence-based policing, $2,500,000 is for 13 an initiative to enhance prosecutorial decision-mak- 14 ing, $2,400,000 is for the operationalization, mainte- 15 nance and expansion of the National Missing and 16 Unidentified Persons System, $2,500,000 is for a 17 national training initiative to improve police-based 18 responses to people with mental illness or develop- 19 mental disabilities, $20,000,000 is for competitive 20 and evidence-based programs to reduce gun crime 21 and gang violence, $2,000,000 is for a student loan 22 repayment assistance program pursuant to section 23 952 of Public Law 110–315, $15,500,000 is for 24 prison rape prevention and prosecution grants to 25 states and units of local government, and other pro- March 21, 2018 (6:08 p.m.) which, notwithstanding such subpart 1, U:\2018REPT\OMNI\Final\RCP—FM.xml 178 1 grams, as authorized by the Prison Rape Elimi- 2 nation Act of 2003 (Public Law 108–79), and 3 $16,000,000 is for emergency law enforcement as- 4 sistance for events occurring during or after fiscal 5 year 2018, as authorized by section 609M of the 6 Justice Assistance Act of 1984 (34 U.S.C. 50101); 7 (2) $240,000,000 for the State Criminal Alien 8 Assistance Program, as authorized by section 9 241(i)(5) of the Immigration and Nationality Act (8 10 U.S.C. 1231(i)(5)): Provided, That no jurisdiction 11 shall request compensation for any cost greater than 12 the actual cost for Federal immigration and other 13 detainees housed in State and local detention facili- 14 ties; 15 (3) $77,000,000 for victim services programs 16 for victims of trafficking, as authorized by section 17 107(b)(2) of Public Law 106–386, for programs au- 18 thorized under Public Law 109–164, or programs 19 authorized under Public Law 113–4; 20 (4) $3,000,000 for the Capital Litigation Im- 21 provement Grant Program, as authorized by section 22 426 of Public Law 108–405, and for grants for 23 wrongful conviction review; 24 (5) $14,000,000 for economic, high technology, 25 white collar and Internet crime prevention grants, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 179 1 including as authorized by section 401 of Public 2 Law 110–403; 3 (6) $20,000,000 for sex offender management 4 assistance, as authorized by the Adam Walsh Act, 5 and related activities; 6 (7) $22,500,000 for the matching grant pro- 7 gram for law enforcement armor vests, as authorized 8 by section 2501 of title I of the 1968 Act: Provided, 9 That $1,500,000 is transferred directly to the Na- 10 tional Institute of Standards and Technology’s Of- 11 fice of Law Enforcement Standards for research, 12 testing and evaluation programs; 13 14 (8) $1,000,000 for the National Sex Offender Public Website; 15 (9) $75,000,000 for grants to States to up- 16 grade criminal and mental health records for the 17 National Instant Criminal Background Check Sys- 18 tem, of which no less than $25,000,000 shall be for 19 grants made under the authorities of the NICS Im- 20 provement Amendments Act of 2007 (Public Law 21 110–180); 22 (10) $30,000,000 for Paul Coverdell Forensic 23 Sciences Improvement Grants under part BB of title 24 I of the 1968 Act; March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 180 1 2 (11) $130,000,000 for DNA-related and forensic programs and activities, of which— 3 (A) $120,000,000 is for a DNA analysis 4 and capacity enhancement program and for 5 other local, State, and Federal forensic activi- 6 ties, including the purposes authorized under 7 section 2 of the DNA Analysis Backlog Elimi- 8 nation Act of 2000 (Public Law 106–546) (the 9 Debbie Smith DNA Backlog Grant Program): 10 Provided, That up to 4 percent of funds made 11 available under this paragraph may be used for 12 the purposes described in the DNA Training 13 and Education for Law Enforcement, Correc- 14 tional Personnel, and Court Officers program 15 (Public Law 108–405, section 303); 16 (B) $6,000,000 is for the purposes de- 17 scribed in the Kirk Bloodsworth Post-Convic- 18 tion DNA Testing Grant Program (Public Law 19 108–405, section 412); and 20 (C) $4,000,000 is for Sexual Assault Fo- 21 rensic Exam Program grants, including as au- 22 thorized by section 304 of Public Law 108–405; 23 (12) $47,500,000 for a grant program for com- 24 March 21, 2018 (6:08 p.m.) munity-based sexual assault response reform; U:\2018REPT\OMNI\Final\RCP—FM.xml 181 1 (13) $12,000,000 for the court-appointed spe- 2 cial advocate program, as authorized by section 217 3 of the 1990 Act; 4 5 (14) $35,000,000 for assistance to Indian tribes; 6 (15) $85,000,000 for offender reentry programs 7 and research, as authorized by the Second Chance 8 Act of 2007 (Public Law 110–199), without regard 9 to the time limitations specified at section 6(1) of 10 such Act, of which not to exceed $6,000,000 is for 11 a program to improve State, local, and tribal proba- 12 tion or parole supervision efforts and strategies, 13 $5,000,000 is for Children of Incarcerated Parents 14 Demonstrations to enhance and maintain parental 15 and family relationships for incarcerated parents as 16 a reentry or recidivism reduction strategy, and 17 $4,000,000 is for additional replication sites employ- 18 ing the Project HOPE Opportunity Probation with 19 Enforcement model implementing swift and certain 20 sanctions in probation, and for a research project on 21 the effectiveness of the model: Provided, That up to 22 $7,500,000 of funds made available in this para- 23 graph may be used for performance-based awards 24 for Pay for Success projects, of which up to 25 $5,000,000 shall be for Pay for Success programs March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 182 1 implementing the Permanent Supportive Housing 2 Model; 3 4 (16) $75,000,000 for the Comprehensive School Safety Initiative; 5 (17) $65,000,000 for initiatives to improve po- 6 lice-community relations, of which $22,500,000 is 7 for a competitive matching grant program for pur- 8 chases of body-worn cameras for State, local and 9 tribal law enforcement, $25,000,000 is for a justice 10 reinvestment initiative, for activities related to crimi- 11 nal justice reform and recidivism reduction, and 12 $17,500,000 is for an Edward Byrne Memorial 13 criminal justice innovation program; and 14 (18) $330,000,000 for comprehensive opioid 15 abuse reduction activities, including as authorized by 16 CARA, and for the following programs, which shall 17 address opioid abuse reduction consistent with un- 18 derlying program authorities— 19 (A) $75,000,000 for Drug Courts, as au- 20 thorized by section 1001(a)(25)(A) of title I of 21 the 1968 Act; 22 (B) $30,000,000 for mental health courts 23 and adult and juvenile collaboration program 24 grants, as authorized by parts V and HH of 25 title I of the 1968 Act, and the Mentally Ill Of- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 183 1 fender Treatment and Crime Reduction Reau- 2 thorization and Improvement Act of 2008 (Pub- 3 lic Law 110–416); 4 (C) $30,000,000 for grants for Residential 5 Substance Abuse Treatment for State Pris- 6 oners, as authorized by part S of title I of the 7 1968 Act; 8 9 (D) $20,000,000 for a veterans treatment courts program; 10 (E) $30,000,000 for a program to monitor 11 prescription drugs and scheduled listed chemical 12 products; and 13 14 (F) $145,000,000 for a comprehensive opioid abuse program: 15 Provided, That, if a unit of local government uses any of 16 the funds made available under this heading to increase 17 the number of law enforcement officers, the unit of local 18 government will achieve a net gain in the number of law 19 enforcement officers who perform non-administrative pub20 lic sector safety service. 21 22 JUVENILE JUSTICE PROGRAMS For grants, contracts, cooperative agreements, and 23 other assistance authorized by the Juvenile Justice and 24 Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the 25 Omnibus Crime Control and Safe Streets Act of 1968 March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 184 1 (‘‘the 1968 Act’’); the Violence Against Women and De2 partment of Justice Reauthorization Act of 2005 (Public 3 Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s 4 Assistance Act (34 U.S.C. 11291 et seq.); the Prosecu5 torial Remedies and Other Tools to end the Exploitation 6 of Children Today Act of 2003 (Public Law 108–21); the 7 Victims of Child Abuse Act of 1990 (Public Law 101– 8 647) (‘‘the 1990 Act’’); the Adam Walsh Child Protection 9 and Safety Act of 2006 (Public Law 109–248) (‘‘the 10 Adam Walsh Act’’); the PROTECT Our Children Act of 11 2008 (Public Law 110–401); the Violence Against Women 12 Reauthorization Act of 2013 (Public Law 113–4) (‘‘the 13 2013 Act’’); the Justice for All Reauthorization Act of 14 2016 (Public Law 114-324); and other juvenile justice 15 programs, $282,500,000, to remain available until ex16 pended as follows— 17 (1) $60,000,000 for programs authorized by 18 section 221 of the 1974 Act, and for training and 19 technical assistance to assist small, nonprofit organi- 20 zations with the Federal grants process: Provided, 21 That of the amounts provided under this paragraph, 22 $500,000 shall be for a competitive demonstration 23 grant program to support emergency planning 24 among State, local and tribal juvenile justice resi- 25 dential facilities; March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 185 1 (2) $94,000,000 for youth mentoring grants; 2 (3) $27,500,000 for delinquency prevention, as 3 authorized by section 505 of the 1974 Act, of which, 4 pursuant to sections 261 and 262 thereof— 5 6 (A) $5,000,000 shall be for the Tribal Youth Program; 7 (B) $4,000,000 shall be for gang and 8 youth violence education, prevention and inter- 9 vention, and related activities; 10 (C) $500,000 shall be for an Internet site 11 providing information and resources on children 12 of incarcerated parents; 13 (D) $2,000,000 shall be for competitive 14 grants focusing on girls in the juvenile justice 15 system; 16 (E) $8,000,000 shall be for community- 17 based violence prevention initiatives, including 18 for public health approaches to reducing shoot- 19 ings and violence; and 20 (F) $8,000,000 shall be for an opioid-af- 21 fected youth initiative; 22 (4) $21,000,000 for programs authorized by 23 the Victims of Child Abuse Act of 1990; 24 (5) $76,000,000 for missing and exploited chil- 25 dren programs, including as authorized by sections March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 186 1 404(b) and 405(a) of the 1974 Act (except that sec- 2 tion 102(b)(4)(B) of the PROTECT Our Children 3 Act of 2008 (Public Law 110–401) shall not apply 4 for purposes of this Act); 5 (6) $2,000,000 for child abuse training pro- 6 grams for judicial personnel and practitioners, as 7 authorized by section 222 of the 1990 Act; and 8 9 (7) $2,000,000 for a program to improve juvenile indigent defense: 10 Provided, That not more than 10 percent of each amount 11 may be used for research, evaluation, and statistics activi12 ties designed to benefit the programs or activities author13 ized: Provided further, That not more than 2 percent of 14 the amounts designated under paragraphs (1) through (3) 15 and (6) may be used for training and technical assistance: 16 Provided further, That the two preceding provisos shall not 17 apply to grants and projects administered pursuant to sec18 tions 261 and 262 of the 1974 Act and to missing and 19 exploited children programs. 20 PUBLIC SAFETY OFFICER BENEFITS 21 (INCLUDING TRANSFER OF FUNDS) 22 For payments and expenses authorized under section 23 1001(a)(4) of title I of the Omnibus Crime Control and 24 Safe Streets Act of 1968, such sums as are necessary (in25 cluding amounts for administrative costs), to remain avail- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 187 1 able until expended; and $24,800,000 for payments au2 thorized by section 1201(b) of such Act and for edu3 cational assistance authorized by section 1218 of such Act, 4 to remain available until expended: Provided, That not5 withstanding section 205 of this Act, upon a determina6 tion by the Attorney General that emergent circumstances 7 require additional funding for such disability and edu8 cation payments, the Attorney General may transfer such 9 amounts to ‘‘Public Safety Officer Benefits’’ from avail10 able appropriations for the Department of Justice as may 11 be necessary to respond to such circumstances: Provided 12 further, That any transfer pursuant to the preceding pro13 viso shall be treated as a reprogramming under section 14 505 of this Act and shall not be available for obligation 15 or expenditure except in compliance with the procedures 16 set forth in that section. 17 COMMUNITY ORIENTED POLICING SERVICES 18 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS 19 (INCLUDING TRANSFER OF FUNDS) 20 For activities authorized by the Violent Crime Con- 21 trol and Law Enforcement Act of 1994 (Public Law 103– 22 322); the Omnibus Crime Control and Safe Streets Act 23 of 1968 (‘‘the 1968 Act’’); and the Violence Against 24 Women and Department of Justice Reauthorization Act 25 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’), March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 188 1 $275,500,000, to remain available until expended: Pro2 vided, That any balances made available through prior 3 year deobligations shall only be available in accordance 4 with section 505 of this Act: Provided further, That of the 5 amount provided under this heading— 6 (1) $225,500,000 is for grants under section 7 1701 of title I of the 1968 Act (34 U.S.C. 10381) 8 for the hiring and rehiring of additional career law 9 enforcement officers under part Q of such title not- 10 withstanding subsection (i) of such section: Pro- 11 vided, That, notwithstanding section 1704(c) of such 12 title (34 U.S.C. 10384(c)), funding for hiring or re- 13 hiring a career law enforcement officer may not ex- 14 ceed $125,000 unless the Director of the Office of 15 Community Oriented Policing Services grants a 16 waiver from this limitation: Provided further, That 17 within the amounts appropriated under this para- 18 graph, $30,000,000 is for improving tribal law en- 19 forcement, including hiring, equipment, training, 20 anti-methamphetamine activities, and anti-opioid ac- 21 tivities: Provided further, That of the amounts ap- 22 propriated under this paragraph, $10,000,000 is for 23 community policing development activities in fur- 24 therance of the purposes in section 1701: Provided 25 further, That of the amounts appropriated under March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 189 1 this paragraph $36,000,000 is for regional informa- 2 tion sharing activities, as authorized by part M of 3 title I of the 1968 Act, which shall be transferred 4 to and merged with ‘‘Research, Evaluation, and Sta- 5 tistics’’ for administration by the Office of Justice 6 Programs; 7 8 (2) $10,000,000 is for activities authorized by the POLICE Act of 2016 (Public Law 114–199); 9 (3) $8,000,000 is for competitive grants to 10 State law enforcement agencies in States with high 11 seizures of precursor chemicals, finished meth- 12 amphetamine, laboratories, and laboratory dump sei- 13 zures: Provided, That funds appropriated under this 14 paragraph shall be utilized for investigative purposes 15 to locate or investigate illicit activities, including 16 precursor diversion, laboratories, or methamphet- 17 amine traffickers; and 18 (4) $32,000,000 is for competitive grants to 19 statewide law enforcement agencies in States with 20 high rates of primary treatment admissions for her- 21 oin and other opioids: Provided, That these funds 22 shall be utilized for investigative purposes to locate 23 or investigate illicit activities, including activities re- 24 lated to the distribution of heroin or unlawful dis- 25 tribution of prescription opioids, or unlawful heroin March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 190 1 and prescription opioid traffickers through statewide 2 collaboration. 3 4 5 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE (INCLUDING TRANSFER OF FUNDS) SEC. 201. In addition to amounts otherwise made 6 available in this title for official reception and representa7 tion expenses, a total of not to exceed $50,000 from funds 8 appropriated to the Department of Justice in this title 9 shall be available to the Attorney General for official re10 ception and representation expenses. 11 SEC. 202. None of the funds appropriated by this 12 title shall be available to pay for an abortion, except where 13 the life of the mother would be endangered if the fetus 14 were carried to term, or in the case of rape or incest: Pro15 vided, That should this prohibition be declared unconstitu16 tional by a court of competent jurisdiction, this section 17 shall be null and void. 18 SEC. 203. None of the funds appropriated under this 19 title shall be used to require any person to perform, or 20 facilitate in any way the performance of, any abortion. 21 SEC. 204. Nothing in the preceding section shall re- 22 move the obligation of the Director of the Bureau of Pris23 ons to provide escort services necessary for a female in24 mate to receive such service outside the Federal facility: 25 Provided, That nothing in this section in any way dimin- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 191 1 ishes the effect of section 203 intended to address the phil2 osophical beliefs of individual employees of the Bureau of 3 Prisons. 4 SEC. 205. Not to exceed 5 percent of any appropria- 5 tion made available for the current fiscal year for the De6 partment of Justice in this Act may be transferred be7 tween such appropriations, but no such appropriation, ex8 cept as otherwise specifically provided, shall be increased 9 by more than 10 percent by any such transfers: Provided, 10 That any transfer pursuant to this section shall be treated 11 as a reprogramming of funds under section 505 of this 12 Act and shall not be available for obligation except in com13 pliance with the procedures set forth in that section. 14 SEC. 206. None of the funds made available under 15 this title may be used by the Federal Bureau of Prisons 16 or the United States Marshals Service for the purpose of 17 transporting an individual who is a prisoner pursuant to 18 conviction for crime under State or Federal law and is 19 classified as a maximum or high security prisoner, other 20 than to a prison or other facility certified by the Federal 21 Bureau of Prisons as appropriately secure for housing 22 such a prisoner. 23 SEC. 207. (a) None of the funds appropriated by this 24 Act may be used by Federal prisons to purchase cable tele25 vision services, or to rent or purchase audiovisual or elec- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 192 1 tronic media or equipment used primarily for recreational 2 purposes. 3 (b) Subsection (a) does not preclude the rental, main- 4 tenance, or purchase of audiovisual or electronic media or 5 equipment for inmate training, religious, or educational 6 programs. 7 SEC. 208. None of the funds made available under 8 this title shall be obligated or expended for any new or 9 enhanced information technology program having total es10 timated development costs in excess of $100,000,000, un11 less the Deputy Attorney General and the investment re12 view board certify to the Committees on Appropriations 13 of the House of Representatives and the Senate that the 14 information technology program has appropriate program 15 management controls and contractor oversight mecha16 nisms in place, and that the program is compatible with 17 the enterprise architecture of the Department of Justice. 18 SEC. 209. The notification thresholds and procedures 19 set forth in section 505 of this Act shall apply to devi20 ations from the amounts designated for specific activities 21 in this Act and in the explanatory statement described in 22 section 4 (in the matter preceding division A of this con23 solidated Act), and to any use of deobligated balances of 24 funds provided under this title in previous years. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 193 1 SEC. 210. None of the funds appropriated by this Act 2 may be used to plan for, begin, continue, finish, process, 3 or approve a public-private competition under the Office 4 of Management and Budget Circular A–76 or any suc5 cessor administrative regulation, directive, or policy for 6 work performed by employees of the Bureau of Prisons 7 or of Federal Prison Industries, Incorporated. 8 SEC. 211. Notwithstanding any other provision of 9 law, no funds shall be available for the salary, benefits, 10 or expenses of any United States Attorney assigned dual 11 or additional responsibilities by the Attorney General or 12 his designee that exempt that United States Attorney 13 from the residency requirements of section 545 of title 28, 14 United States Code. 15 SEC. 212. At the discretion of the Attorney General, 16 and in addition to any amounts that otherwise may be 17 available (or authorized to be made available) by law, with 18 respect to funds appropriated by this title under the head19 ings ‘‘Research, Evaluation and Statistics’’, ‘‘State and 20 Local Law Enforcement Assistance’’, and ‘‘Juvenile Jus21 tice Programs’’— 22 (1) up to 3 percent of funds made available to 23 the Office of Justice Programs for grant or reim- 24 bursement programs may be used by such Office to 25 provide training and technical assistance; and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 194 1 (2) up to 2 percent of funds made available for 2 grant or reimbursement programs under such head- 3 ings, except for amounts appropriated specifically for 4 research, evaluation, or statistical programs adminis- 5 tered by the National Institute of Justice and the 6 Bureau of Justice Statistics, shall be transferred to 7 and merged with funds provided to the National In- 8 stitute of Justice and the Bureau of Justice Statis- 9 tics, to be used by them for research, evaluation, or 10 statistical purposes, without regard to the authoriza- 11 tions for such grant or reimbursement programs. 12 SEC. 213. Upon request by a grantee for whom the 13 Attorney General has determined there is a fiscal hard14 ship, the Attorney General may, with respect to funds ap15 propriated in this or any other Act making appropriations 16 for fiscal years 2015 through 2018 for the following pro17 grams, waive the following requirements: 18 (1) For the adult and juvenile offender State 19 and local reentry demonstration projects under part 20 FF of title I of the Omnibus Crime Control and 21 Safe Streets Act of 1968 (34 U.S.C. 10631 et seq.), 22 the requirements under section 2976(g)(1) of such 23 part (34 U.S.C. 10631(g)(1)). 24 (2) For State, Tribal, and local reentry courts 25 under part FF of title I of such Act of 1968 (34 March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 195 1 U.S.C. 10631 et seq.), the requirements under sec- 2 tion 2978(e)(1) and (2) of such part (34 U.S.C. 3 10633(e)(1) and (2)). 4 (3) For the prosecution drug treatment alter- 5 natives to prison program under part CC of title I 6 of such Act of 1968 (34 U.S.C. 10581), the require- 7 ments under the second sentence of section 2901(f) 8 of such part (34 U.S.C. 10581(f)). 9 SEC. 214. Notwithstanding any other provision of 10 law, section 20109(a) of subtitle A of title II of the Violent 11 Crime Control and Law Enforcement Act of 1994 (34 12 U.S.C. 12109(a)) shall not apply to amounts made avail13 able by this or any other Act. 14 SEC. 215. None of the funds made available under 15 this Act, other than for the national instant criminal back16 ground check system established under section 103 of the 17 Brady Handgun Violence Prevention Act (34 U.S.C. 18 40901), may be used by a Federal law enforcement officer 19 to facilitate the transfer of an operable firearm to an indi20 vidual if the Federal law enforcement officer knows or sus21 pects that the individual is an agent of a drug cartel, un22 less law enforcement personnel of the United States con23 tinuously monitor or control the firearm at all times. 24 SEC. 216. (a) None of the income retained in the De- 25 partment of Justice Working Capital Fund pursuant to March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 196 1 title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 2 527 note) shall be available for obligation during fiscal 3 year 2018, except up to $40,000,000 may be obligated for 4 implementation of a unified Department of Justice finan5 cial management system. 6 (b) Not to exceed $30,000,000 of the unobligated bal- 7 ances transferred to the capital account of the Department 8 of Justice Working Capital Fund pursuant to title I of 9 Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) 10 shall be available for obligation in fiscal year 2018, and 11 any use, obligation, transfer or allocation of such funds 12 shall be treated as a reprogramming of funds under sec13 tion 505 of this Act. 14 (c) Not to exceed $10,000,000 of the excess unobli- 15 gated balances available under section 524(c)(8)(E) of 16 title 28, United States Code, shall be available for obliga17 tion during fiscal year 2018, and any use, obligation, 18 transfer or allocation of such funds shall be treated as a 19 reprogramming of funds under section 505 of this Act. 20 SEC. 217. Discretionary funds that are made avail- 21 able in this Act for the Office of Justice Programs may 22 be used to participate in Performance Partnership Pilots 23 authorized under section 526 of division H of Public Law 24 113–76, section 524 of division G of Public Law 113–235, 25 section 525 of division H of Public Law 114–113, and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 197 1 such authorities as are enacted for Performance Partner2 ship Pilots in an appropriations Act for fiscal years 2017 3 and 2018. 4 This title may be cited as the ‘‘Department of Justice 5 Appropriations Act, 2018’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 198 1 TITLE III 2 SCIENCE 3 OFFICE 4 For necessary expenses of the Office of Science and OF SCIENCE AND TECHNOLOGY POLICY 5 Technology Policy, in carrying out the purposes of the Na6 tional Science and Technology Policy, Organization, and 7 Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of 8 passenger motor vehicles, and services as authorized by 9 section 3109 of title 5, United States Code, not to exceed 10 $2,250 for official reception and representation expenses, 11 and rental of conference rooms in the District of Colum12 bia, $5,544,000. 13 14 NATIONAL SPACE COUNCIL For necessary expenses of the National Space Coun- 15 cil, in carrying out the purposes of Title V of Public Law 16 100-685 and Executive Order 13803, hire of passenger 17 motor vehicles, and services as authorized by section 3109 18 of title 5, United States Code, not to exceed $2,250 for 19 official reception and representation expenses, 20 $1,965,000: Provided, That notwithstanding any other 21 provision of law, the National Space Council may accept 22 personnel support from Federal agencies, departments, 23 and offices, and such Federal agencies, departments, and 24 offices may detail staff without reimbursement to the Na25 tional Space Council for purposes provided herein. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 199 1 NATIONAL AERONAUTICS 2 3 AND SPACE ADMINISTRATION SCIENCE For necessary expenses, not otherwise provided for, 4 in the conduct and support of science research and devel5 opment activities, including research, development, oper6 ations, support, and services; maintenance and repair, fa7 cility planning and design; space flight, spacecraft control, 8 and communications activities; program management; per9 sonnel and related costs, including uniforms or allowances 10 therefor, as authorized by sections 5901 and 5902 of title 11 5, United States Code; travel expenses; purchase and hire 12 of passenger motor vehicles; and purchase, lease, charter, 13 maintenance, and operation of mission and administrative 14 aircraft, $6,221,500,000, to remain available until Sep15 tember 30, 2019: Provided, That the formulation and de16 velopment costs (with development cost as defined under 17 section 30104 of title 51, United States Code) for the 18 James Webb Space Telescope shall not exceed 19 $8,000,000,000: Provided further, That should the indi20 vidual identified under subsection (c)(2)(E) of section 21 30104 of title 51, United States Code, as responsible for 22 the James Webb Space Telescope determine that the de23 velopment cost of the program is likely to exceed that limi24 tation, the individual shall immediately notify the Admin25 istrator and the increase shall be treated as if it meets March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 200 1 the 30 percent threshold described in subsection (f) of sec2 tion 30104: Provided further, That, of the amounts pro3 vided, $595,000,000 is for an orbiter and a lander to meet 4 the science goals for the Jupiter Europa mission as out5 lined in the most recent planetary science decadal survey: 6 Provided further, That the National Aeronautics and 7 Space Administration shall use the Space Launch System 8 as the launch vehicles for the Jupiter Europa mission, 9 plan for an orbiter launch no later than 2022 and a lander 10 launch no later than 2024, and include in the fiscal year 11 2020 budget the 5-year funding profile necessary to 12 achieve these goals. 13 14 AERONAUTICS For necessary expenses, not otherwise provided for, 15 in the conduct and support of aeronautics research and 16 development activities, including research, development, 17 operations, support, and services; maintenance and repair, 18 facility planning and design; space flight, spacecraft con19 trol, and communications activities; program manage20 ment; personnel and related costs, including uniforms or 21 allowances therefor, as authorized by sections 5901 and 22 5902 of title 5, United States Code; travel expenses; pur23 chase and hire of passenger motor vehicles; and purchase, 24 lease, charter, maintenance, and operation of mission and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 201 1 administrative aircraft, $685,000,000, to remain available 2 until September 30, 2019. 3 4 SPACE TECHNOLOGY For necessary expenses, not otherwise provided for, 5 in the conduct and support of space technology research 6 and development activities, including research, develop7 ment, operations, support, and services; maintenance and 8 repair, facility planning and design; space flight, space9 craft control, and communications activities; program 10 management; personnel and related costs, including uni11 forms or allowances therefor, as authorized by sections 12 5901 and 5902 of title 5, United States Code; travel ex13 penses; purchase and hire of passenger motor vehicles; and 14 purchase, lease, charter, maintenance, and operation of 15 mission and administrative aircraft, $760,000,000, to re16 main available until September 30, 2019: Provided, That 17 $130,000,000 shall be for RESTORE. 18 19 EXPLORATION For necessary expenses, not otherwise provided for, 20 in the conduct and support of exploration research and 21 development activities, including research, development, 22 operations, support, and services; maintenance and repair, 23 facility planning and design; space flight, spacecraft con24 trol, and communications activities; program manage25 ment; personnel and related costs, including uniforms or March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 202 1 allowances therefor, as authorized by sections 5901 and 2 5902 of title 5, United States Code; travel expenses; pur3 chase and hire of passenger motor vehicles; and purchase, 4 lease, charter, maintenance, and operation of mission and 5 administrative aircraft, $4,790,000,000, to remain avail6 able until September 30, 2019: Provided, That not less 7 than $1,350,000,000 shall be for the Orion Multi-Purpose 8 Crew Vehicle: Provided further, That not less than 9 $2,150,000,000 shall be for the Space Launch System 10 (SLS) launch vehicle, which shall have a lift capability not 11 less than 130 metric tons and which shall have core ele12 ments and an Exploration Upper Stage developed simulta13 neously: Provided further, That of the amounts provided 14 for SLS, not less than $300,000,000 shall be for Explo15 ration Upper Stage development: Provided further, That 16 $895,000,000 shall be for Exploration Ground Systems, 17 including $350,000,000 for a second mobile launch plat18 form and associated SLS activities: Provided further, That 19 the National Aeronautics and Space Administration 20 (NASA) shall provide to the Committees on Appropria21 tions of the House of Representatives and the Senate, con22 current with the annual budget submission, a 5-year budg23 et profile for an integrated system that includes the Space 24 Launch System, the Orion Multi-Purpose Crew Vehicle, 25 and associated ground systems that will ensure an Explo- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 203 1 ration Mission-2 crewed launch as early as possible, as 2 well as a system-based funding profile for a sustained 3 launch cadence beyond the initial crewed test launch: Pro4 vided further, That acquisition of Orion crew vehicles, SLS 5 launch vehicles, Exploration Ground Systems, mobile 6 launch platforms, and their associated components may be 7 funded incrementally in fiscal year 2018 and thereafter: 8 Provided further, That $395,000,000 shall be for explo9 ration research and development. 10 11 SPACE OPERATIONS For necessary expenses, not otherwise provided for, 12 in the conduct and support of space operations research 13 and development activities, including research, develop14 ment, operations, support and services; space flight, space15 craft control and communications activities, including op16 erations, production, and services; maintenance and re17 pair, facility planning and design; program management; 18 personnel and related costs, including uniforms or allow19 ances therefor, as authorized by sections 5901 and 5902 20 of title 5, United States Code; travel expenses; purchase 21 and hire of passenger motor vehicles; and purchase, lease, 22 charter, maintenance and operation of mission and admin23 istrative aircraft, $4,751,500,000, to remain available 24 until September 30, 2019. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 204 1 2 EDUCATION For necessary expenses, not otherwise provided for, 3 in the conduct and support of aerospace and aeronautical 4 education research and development activities, including 5 research, development, operations, support, and services; 6 program management; personnel and related costs, includ7 ing uniforms or allowances therefor, as authorized by sec8 tions 5901 and 5902 of title 5, United States Code; travel 9 expenses; purchase and hire of passenger motor vehicles; 10 and purchase, lease, charter, maintenance, and operation 11 of mission and administrative aircraft, $100,000,000, to 12 remain available until September 30, 2019, of which 13 $18,000,000 shall be for the Established Program to 14 Stimulate Competitive Research and $40,000,000 shall be 15 for the National Space Grant College and Fellowship Pro16 gram. 17 18 SAFETY, SECURITY AND MISSION SERVICES For necessary expenses, not otherwise provided for, 19 in the conduct and support of science, aeronautics, space 20 technology, exploration, space operations and education 21 research and development activities, including research, 22 development, operations, support, and services; mainte23 nance and repair, facility planning and design; space 24 flight, spacecraft control, and communications activities; 25 program management; personnel and related costs, includ- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 205 1 ing uniforms or allowances therefor, as authorized by sec2 tions 5901 and 5902 of title 5, United States Code; travel 3 expenses; purchase and hire of passenger motor vehicles; 4 not to exceed $63,000 for official reception and represen5 tation expenses; and purchase, lease, charter, mainte6 nance, and operation of mission and administrative air7 craft, $2,826,900,000, to remain available until Sep8 tember 30, 2019. 9 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND 10 11 RESTORATION For necessary expenses for construction of facilities 12 including repair, rehabilitation, revitalization, and modi13 fication of facilities, construction of new facilities and ad14 ditions to existing facilities, facility planning and design, 15 and restoration, and acquisition or condemnation of real 16 property, as authorized by law, and environmental compli17 ance and restoration, $562,240,000, to remain available 18 until September 30, 2023: Provided, That proceeds from 19 leases deposited into this account shall be available for a 20 period of 5 years to the extent and in amounts as provided 21 in annual appropriations Acts: Provided further, That such 22 proceeds referred to in the preceding proviso shall be avail23 able for obligation for fiscal year 2018 in an amount not 24 to exceed $9,470,300: Provided further, That each annual 25 budget request shall include an annual estimate of gross March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 206 1 receipts and collections and proposed use of all funds col2 lected pursuant to section 20145 of title 51, United States 3 Code. 4 5 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 6 General in carrying out the Inspector General Act of 1978, 7 $39,000,000, of which $500,000 shall remain available 8 until September 30, 2019. 9 10 11 ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFER OF FUNDS) Funds for any announced prize otherwise authorized 12 shall remain available, without fiscal year limitation, until 13 a prize is claimed or the offer is withdrawn. 14 Not to exceed 5 percent of any appropriation made 15 available for the current fiscal year for the National Aero16 nautics and Space Administration in this Act may be 17 transferred between such appropriations, but no such ap18 propriation, except as otherwise specifically provided, shall 19 be increased by more than 10 percent by any such trans20 fers. Balances so transferred shall be merged with and 21 available for the same purposes and the same time period 22 as the appropriations to which transferred. Any transfer 23 pursuant to this provision shall be treated as a reprogram24 ming of funds under section 505 of this Act and shall not March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 207 1 be available for obligation except in compliance with the 2 procedures set forth in that section. 3 The spending plan required by this Act shall be pro- 4 vided by NASA at the theme, program, project and activ5 ity level. The spending plan, as well as any subsequent 6 change of an amount established in that spending plan 7 that meets the notification requirements of section 505 of 8 this Act, shall be treated as a reprogramming under sec9 tion 505 of this Act and shall not be available for obliga10 tion or expenditure except in compliance with the proce11 dures set forth in that section. 12 NATIONAL SCIENCE FOUNDATION 13 RESEARCH AND RELATED ACTIVITIES 14 For necessary expenses in carrying out the National 15 Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), 16 and Public Law 86–209 (42 U.S.C. 1880 et seq.); services 17 as authorized by section 3109 of title 5, United States 18 Code; maintenance and operation of aircraft and purchase 19 of flight services for research support; acquisition of air20 craft; and authorized travel; $6,334,476,000, to remain 21 available until September 30, 2019, of which not to exceed 22 $544,000,000 shall remain available until expended for 23 polar research and operations support, and for reimburse24 ment to other Federal agencies for operational and science 25 support and logistical and other related activities for the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 208 1 United States Antarctic program: Provided, That receipts 2 for scientific support services and materials furnished by 3 the National Research Centers and other National Science 4 Foundation supported research facilities may be credited 5 to this appropriation. 6 MAJOR RESEARCH EQUIPMENT AND FACILITIES 7 CONSTRUCTION 8 For necessary expenses for the acquisition, construc- 9 tion, commissioning, and upgrading of major research 10 equipment, facilities, and other such capital assets pursu11 ant to the National Science Foundation Act of 1950 (42 12 U.S.C. 1861 et seq.), including authorized travel, 13 $182,800,000, to remain available until expended. 14 15 EDUCATION AND HUMAN RESOURCES For necessary expenses in carrying out science, math- 16 ematics and engineering education and human resources 17 programs and activities pursuant to the National Science 18 Foundation Act of 1950 (42 U.S.C. 1861 et seq.), includ19 ing services as authorized by section 3109 of title 5, 20 United States Code, authorized travel, and rental of con21 ference rooms in the District of Columbia, $902,000,000, 22 to remain available until September 30, 2019. 23 AGENCY OPERATIONS AND AWARD MANAGEMENT 24 For agency operations and award management nec- 25 essary in carrying out the National Science Foundation March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 209 1 Act of 1950 (42 U.S.C. 1861 et seq.); services authorized 2 by section 3109 of title 5, United States Code; hire of pas3 senger motor vehicles; uniforms or allowances therefor, as 4 authorized by sections 5901 and 5902 of title 5, United 5 States Code; rental of conference rooms in the District of 6 Columbia; and reimbursement of the Department of 7 Homeland Security for security guard services; 8 $328,510,000: Provided, That not to exceed $8,280 is for 9 official reception and representation expenses: Provided 10 further, That contracts may be entered into under this 11 heading in fiscal year 2018 for maintenance and operation 12 of facilities and for other services to be provided during 13 the next fiscal year. 14 15 OFFICE OF THE NATIONAL SCIENCE BOARD For necessary expenses (including payment of sala- 16 ries, authorized travel, hire of passenger motor vehicles, 17 the rental of conference rooms in the District of Columbia, 18 and the employment of experts and consultants under sec19 tion 3109 of title 5, United States Code) involved in car20 rying out section 4 of the National Science Foundation 21 Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 22 (42 U.S.C. 1880 et seq.), $4,370,000: Provided, That not 23 to exceed $2,500 shall be available for official reception 24 and representation expenses. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 210 1 2 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 3 General as authorized by the Inspector General Act of 4 1978, $15,200,000, of which $400,000 shall remain avail5 able until September 30, 2019. 6 ADMINISTRATIVE PROVISIONS 7 (INCLUDING TRANSFER OF FUNDS) 8 Not to exceed 5 percent of any appropriation made 9 available for the current fiscal year for the National 10 Science Foundation in this Act may be transferred be11 tween such appropriations, but no such appropriation shall 12 be increased by more than 10 percent by any such trans13 fers. Any transfer pursuant to this paragraph shall be 14 treated as a reprogramming of funds under section 505 15 of this Act and shall not be available for obligation except 16 in compliance with the procedures set forth in that section. 17 The Director of the National Science Foundation 18 shall notify the Committees on Appropriations of the 19 House of Representatives and the Senate at least 30 days 20 in advance of the acquisition or disposal of any capital 21 asset (including land, structures, and equipment) not spe22 cifically provided for in this Act or any other law appro23 priating funds for the National Science Foundation. 24 This title may be cited as the ‘‘Science Appropria- 25 tions Act, 2018’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 211 1 TITLE IV 2 RELATED AGENCIES 3 4 5 COMMISSION ON CIVIL RIGHTS SALARIES AND EXPENSES For necessary expenses of the Commission on Civil 6 Rights, including hire of passenger motor vehicles, 7 $9,700,000: Provided, That none of the funds appro8 priated in this paragraph may be used to employ any indi9 viduals under Schedule C of subpart C of part 213 of title 10 5 of the Code of Federal Regulations exclusive of one spe11 cial assistant for each Commissioner: Provided further, 12 That none of the funds appropriated in this paragraph 13 shall be used to reimburse Commissioners for more than 14 75 billable days, with the exception of the chairperson, 15 who is permitted 125 billable days: Provided further, That 16 none of the funds appropriated in this paragraph shall be 17 used for any activity or expense that is not explicitly au18 thorized by section 3 of the Civil Rights Commission Act 19 of 1983 (42 U.S.C. 1975a). 20 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 SALARIES AND EXPENSES 22 For necessary expenses of the Equal Employment 23 Opportunity Commission as authorized by title VII of the 24 Civil Rights Act of 1964, the Age Discrimination in Em25 ployment Act of 1967, the Equal Pay Act of 1963, the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 212 1 Americans with Disabilities Act of 1990, section 501 of 2 the Rehabilitation Act of 1973, the Civil Rights Act of 3 1991, the Genetic Information Nondiscrimination Act 4 (GINA) of 2008 (Public Law 110–233), the ADA Amend5 ments Act of 2008 (Public Law 110–325), and the Lilly 6 Ledbetter Fair Pay Act of 2009 (Public Law 111–2), in7 cluding services as authorized by section 3109 of title 5, 8 United States Code; hire of passenger motor vehicles as 9 authorized by section 1343(b) of title 31, United States 10 Code; nonmonetary awards to private citizens; and up to 11 $29,500,000 for payments to State and local enforcement 12 agencies for authorized services to the Commission, 13 $379,500,000: Provided, That the Commission is author14 ized to make available for official reception and represen15 tation expenses not to exceed $2,250 from available funds: 16 Provided further, That the Commission may take no action 17 to implement any workforce repositioning, restructuring, 18 or reorganization until such time as the Committees on 19 Appropriations of the House of Representatives and the 20 Senate have been notified of such proposals, in accordance 21 with the reprogramming requirements of section 505 of 22 this Act: Provided further, That the Chair is authorized 23 to accept and use any gift or donation to carry out the 24 work of the Commission. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 213 1 INTERNATIONAL TRADE COMMISSION 2 SALARIES AND EXPENSES 3 For necessary expenses of the International Trade 4 Commission, including hire of passenger motor vehicles 5 and services as authorized by section 3109 of title 5, 6 United States Code, and not to exceed $2,250 for official 7 reception and representation expenses, $93,700,000, to re8 main available until expended. 9 10 11 LEGAL SERVICES CORPORATION PAYMENT TO THE LEGAL SERVICES CORPORATION For payment to the Legal Services Corporation to 12 carry out the purposes of the Legal Services Corporation 13 Act of 1974, $410,000,000, of which $376,000,000 is for 14 basic field programs and required independent audits; 15 $5,100,000 is for the Office of Inspector General, of which 16 such amounts as may be necessary may be used to conduct 17 additional audits of recipients; $19,400,000 is for manage18 ment and grants oversight; $4,000,000 is for client self19 help and information technology; $4,500,000 is for a Pro 20 Bono Innovation Fund; and $1,000,000 is for loan repay21 ment assistance: Provided, That the Legal Services Cor22 poration may continue to provide locality pay to officers 23 and employees at a rate no greater than that provided by 24 the Federal Government to Washington, DC-based em25 ployees as authorized by section 5304 of title 5, United March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 214 1 States Code, notwithstanding section 1005(d) of the Legal 2 Services Corporation Act (42 U.S.C. 2996d(d)): Provided 3 further, That the authorities provided in section 205 of 4 this Act shall be applicable to the Legal Services Corpora5 tion: Provided further, That, for the purposes of section 6 505 of this Act, the Legal Services Corporation shall be 7 considered an agency of the United States Government. 8 ADMINISTRATIVE PROVISION—LEGAL SERVICES 9 CORPORATION 10 None of the funds appropriated in this Act to the 11 Legal Services Corporation shall be expended for any pur12 pose prohibited or limited by, or contrary to any of the 13 provisions of, sections 501, 502, 503, 504, 505, and 506 14 of Public Law 105–119, and all funds appropriated in this 15 Act to the Legal Services Corporation shall be subject to 16 the same terms and conditions set forth in such sections, 17 except that all references in sections 502 and 503 to 1997 18 and 1998 shall be deemed to refer instead to 2017 and 19 2018, respectively. 20 MARINE MAMMAL COMMISSION 21 SALARIES AND EXPENSES 22 For necessary expenses of the Marine Mammal Com- 23 mission as authorized by title II of the Marine Mammal 24 Protection Act of 1972 (16 U.S.C. 1361 et seq.), 25 $3,431,000. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 215 1 OFFICE OF THE UNITED STATES TRADE 2 REPRESENTATIVE 3 SALARIES AND EXPENSES 4 For necessary expenses of the Office of the United 5 States Trade Representative, including the hire of pas6 senger motor vehicles and the employment of experts and 7 consultants as authorized by section 3109 of title 5, 8 United States Code, $57,600,000, of which $1,000,000 9 shall remain available until expended: Provided, That of 10 the total amount made available under this heading, not 11 to exceed $124,000 shall be available for official reception 12 and representation expenses. 13 TRADE ENFORCEMENT TRUST FUND 14 (INCLUDING TRANSFER OF FUNDS) 15 For activities of the United States Trade Representa- 16 tive authorized by section 611 of the Trade Facilitation 17 and Trade Enforcement Act of 2015 (19 U.S.C. 4405), 18 including transfers, $15,000,000, to be derived from the 19 Trade Enforcement Trust Fund: Provided, That any 20 transfer pursuant to subsection (d)(1) of such section shall 21 be treated as a reprogramming under section 505 of this 22 Act. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 216 1 STATE JUSTICE INSTITUTE 2 SALARIES AND EXPENSES 3 For necessary expenses of the State Justice Institute, 4 as authorized by the State Justice Institute Act of 1984 5 (42 U.S.C. 10701 et seq.) $5,121,000, of which $500,000 6 shall remain available until September 30, 2019: Provided, 7 That not to exceed $2,250 shall be available for official 8 reception and representation expenses: Provided further, 9 That, for the purposes of section 505 of this Act, the State 10 Justice Institute shall be considered an agency of the 11 United States Government. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 217 1 TITLE V 2 GENERAL PROVISIONS 3 (INCLUDING RESCISSIONS) 4 (INCLUDING TRANSFER OF FUNDS) 5 SEC. 501. No part of any appropriation contained in 6 this Act shall be used for publicity or propaganda purposes 7 not authorized by the Congress. 8 SEC. 502. No part of any appropriation contained in 9 this Act shall remain available for obligation beyond the 10 current fiscal year unless expressly so provided herein. 11 SEC. 503. The expenditure of any appropriation 12 under this Act for any consulting service through procure13 ment contract, pursuant to section 3109 of title 5, United 14 States Code, shall be limited to those contracts where such 15 expenditures are a matter of public record and available 16 for public inspection, except where otherwise provided 17 under existing law, or under existing Executive order 18 issued pursuant to existing law. 19 SEC. 504. If any provision of this Act or the applica- 20 tion of such provision to any person or circumstances shall 21 be held invalid, the remainder of the Act and the applica22 tion of each provision to persons or circumstances other 23 than those as to which it is held invalid shall not be af24 fected thereby. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 218 1 SEC. 505. None of the funds provided under this Act, 2 or provided under previous appropriations Acts to the 3 agencies funded by this Act that remain available for obli4 gation or expenditure in fiscal year 2018, or provided from 5 any accounts in the Treasury of the United States derived 6 by the collection of fees available to the agencies funded 7 by this Act, shall be available for obligation or expenditure 8 through a reprogramming of funds that: (1) creates or ini9 tiates a new program, project or activity; (2) eliminates 10 a program, project or activity; (3) increases funds or per11 sonnel by any means for any project or activity for which 12 funds have been denied or restricted; (4) relocates an of13 fice or employees; (5) reorganizes or renames offices, pro14 grams or activities; (6) contracts out or privatizes any 15 functions or activities presently performed by Federal em16 ployees; (7) augments existing programs, projects or ac17 tivities in excess of $500,000 or 10 percent, whichever is 18 less, or reduces by 10 percent funding for any program, 19 project or activity, or numbers of personnel by 10 percent; 20 or (8) results from any general savings, including savings 21 from a reduction in personnel, which would result in a 22 change in existing programs, projects or activities as ap23 proved by Congress; unless the House and Senate Com24 mittees on Appropriations are notified 15 days in advance 25 of such reprogramming of funds. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 219 1 SEC. 506. (a) If it has been finally determined by 2 a court or Federal agency that any person intentionally 3 affixed a label bearing a ‘‘Made in America’’ inscription, 4 or any inscription with the same meaning, to any product 5 sold in or shipped to the United States that is not made 6 in the United States, the person shall be ineligible to re7 ceive any contract or subcontract made with funds made 8 available in this Act, pursuant to the debarment, suspen9 sion, and ineligibility procedures described in sections 10 9.400 through 9.409 of title 48, Code of Federal Regula11 tions. 12 (b)(1) To the extent practicable, with respect to au- 13 thorized purchases of promotional items, funds made 14 available by this Act shall be used to purchase items that 15 are manufactured, produced, or assembled in the United 16 States, its territories or possessions. 17 (2) The term ‘‘promotional items’’ has the meaning 18 given the term in OMB Circular A–87, Attachment B, 19 Item (1)(f)(3). 20 SEC. 507. (a) The Departments of Commerce and 21 Justice, the National Science Foundation, and the Na22 tional Aeronautics and Space Administration shall provide 23 to the Committees on Appropriations of the House of Rep24 resentatives and the Senate a quarterly report on the sta25 tus of balances of appropriations at the account level. For March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 220 1 unobligated, uncommitted balances and unobligated, com2 mitted balances the quarterly reports shall separately 3 identify the amounts attributable to each source year of 4 appropriation from which the balances were derived. For 5 balances that are obligated, but unexpended, the quarterly 6 reports shall separately identify amounts by the year of 7 obligation. 8 (b) The report described in subsection (a) shall be 9 submitted within 30 days of the end of each quarter. 10 (c) If a department or agency is unable to fulfill any 11 aspect of a reporting requirement described in subsection 12 (a) due to a limitation of a current accounting system, 13 the department or agency shall fulfill such aspect to the 14 maximum extent practicable under such accounting sys15 tem and shall identify and describe in each quarterly re16 port the extent to which such aspect is not fulfilled. 17 SEC. 508. Any costs incurred by a department or 18 agency funded under this Act resulting from, or to pre19 vent, personnel actions taken in response to funding re20 ductions included in this Act shall be absorbed within the 21 total budgetary resources available to such department or 22 agency: Provided, That the authority to transfer funds be23 tween appropriations accounts as may be necessary to 24 carry out this section is provided in addition to authorities 25 included elsewhere in this Act: Provided further, That use March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 221 1 of funds to carry out this section shall be treated as a 2 reprogramming of funds under section 505 of this Act and 3 shall not be available for obligation or expenditure except 4 in compliance with the procedures set forth in that section: 5 Provided further, That for the Department of Commerce, 6 this section shall also apply to actions taken for the care 7 and protection of loan collateral or grant property. 8 SEC. 509. None of the funds provided by this Act 9 shall be available to promote the sale or export of tobacco 10 or tobacco products, or to seek the reduction or removal 11 by any foreign country of restrictions on the marketing 12 of tobacco or tobacco products, except for restrictions 13 which are not applied equally to all tobacco or tobacco 14 products of the same type. 15 SEC. 510. Notwithstanding any other provision of 16 law, amounts deposited or available in the Fund estab17 lished by section 1402 of chapter XIV of title II of Public 18 Law 98–473 (34 U.S.C. 20101) in any fiscal year in ex19 cess of $4,436,000,000 shall not be available for obligation 20 until the following fiscal year: Provided, That notwith21 standing section 1402(d) of such Act, of the amounts 22 available from the Fund for obligation: (1) $10,000,000 23 shall remain available until expended to the Department 24 of Justice Office of Inspector General for oversight and 25 auditing purposes; and (2) 3 percent shall be available to March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 222 1 the Office for Victims of Crime for grants, consistent with 2 the requirements of the Victims of Crime Act, to Indian 3 tribes to improve services for victims of crime. 4 SEC. 511. None of the funds made available to the 5 Department of Justice in this Act may be used to discrimi6 nate against or denigrate the religious or moral beliefs of 7 students who participate in programs for which financial 8 assistance is provided from those funds, or of the parents 9 or legal guardians of such students. 10 SEC. 512. None of the funds made available in this 11 Act may be transferred to any department, agency, or in12 strumentality of the United States Government, except 13 pursuant to a transfer made by, or transfer authority pro14 vided in, this Act or any other appropriations Act. 15 SEC. 513. (a) The Inspectors General of the Depart- 16 ment of Commerce, the Department of Justice, the Na17 tional Aeronautics and Space Administration, the Na18 tional Science Foundation, and the Legal Services Cor19 poration shall conduct audits, pursuant to the Inspector 20 General Act (5 U.S.C. App.), of grants or contracts for 21 which funds are appropriated by this Act, and shall submit 22 reports to Congress on the progress of such audits, which 23 may include preliminary findings and a description of 24 areas of particular interest, within 180 days after initi- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 223 1 ating such an audit and every 180 days thereafter until 2 any such audit is completed. 3 (b) Within 60 days after the date on which an audit 4 described in subsection (a) by an Inspector General is 5 completed, the Secretary, Attorney General, Adminis6 trator, Director, or President, as appropriate, shall make 7 the results of the audit available to the public on the Inter8 net website maintained by the Department, Administra9 tion, Foundation, or Corporation, respectively. The results 10 shall be made available in redacted form to exclude— 11 12 (1) any matter described in section 552(b) of title 5, United States Code; and 13 (2) sensitive personal information for any indi- 14 vidual, the public access to which could be used to 15 commit identity theft or for other inappropriate or 16 unlawful purposes. 17 (c) Any person awarded a grant or contract funded 18 by amounts appropriated by this Act shall submit a state19 ment to the Secretary of Commerce, the Attorney General, 20 the Administrator, Director, or President, as appropriate, 21 certifying that no funds derived from the grant or contract 22 will be made available through a subcontract or in any 23 other manner to another person who has a financial inter24 est in the person awarded the grant or contract. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 224 1 (d) The provisions of the preceding subsections of 2 this section shall take effect 30 days after the date on 3 which the Director of the Office of Management and 4 Budget, in consultation with the Director of the Office of 5 Government Ethics, determines that a uniform set of rules 6 and requirements, substantially similar to the require7 ments in such subsections, consistently apply under the 8 executive branch ethics program to all Federal depart9 ments, agencies, and entities. 10 SEC. 514. (a) None of the funds appropriated or oth- 11 erwise made available under this Act may be used by the 12 Departments of Commerce and Justice, the National Aer13 onautics and Space Administration, or the National 14 Science Foundation to acquire a high-impact or moderate15 impact information system, as defined for security cat16 egorization in the National Institute of Standards and 17 Technology’s (NIST) Federal Information Processing 18 Standard Publication 199, ‘‘Standards for Security Cat19 egorization of Federal Information and Information Sys20 tems’’ unless the agency has— 21 (1) reviewed the supply chain risk for the infor- 22 mation systems against criteria developed by NIST 23 and the Federal Bureau of Investigation (FBI) to 24 inform acquisition decisions for high-impact and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 225 1 moderate-impact information systems within the 2 Federal Government; 3 (2) reviewed the supply chain risk from the pre- 4 sumptive awardee against available and relevant 5 threat information provided by the FBI and other 6 appropriate agencies; and 7 (3) in consultation with the FBI or other ap- 8 propriate Federal entity, conducted an assessment of 9 any risk of cyber-espionage or sabotage associated 10 with the acquisition of such system, including any 11 risk associated with such system being produced, 12 manufactured, or assembled by one or more entities 13 identified by the United States Government as pos- 14 ing a cyber threat, including but not limited to, 15 those that may be owned, directed, or subsidized by 16 the People’s Republic of China, the Islamic Republic 17 of Iran, the Democratic People’s Republic of Korea, 18 or the Russian Federation. 19 (b) None of the funds appropriated or otherwise 20 made available under this Act may be used to acquire a 21 high-impact or moderate-impact information system re22 viewed and assessed under subsection (a) unless the head 23 of the assessing entity described in subsection (a) has— March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 226 1 (1) developed, in consultation with NIST, the 2 FBI, and supply chain risk management experts, a 3 mitigation strategy for any identified risks; 4 (2) determined, in consultation with NIST and 5 the FBI, that the acquisition of such system is in 6 the national interest of the United States; and 7 (3) reported that determination to the Commit- 8 tees on Appropriations of the House of Representa- 9 tives and the Senate and the agency Inspector Gen- 10 eral. 11 SEC. 515. None of the funds made available in this 12 Act shall be used in any way whatsoever to support or 13 justify the use of torture by any official or contract em14 ployee of the United States Government. 15 SEC. 516. (a) Notwithstanding any other provision 16 of law or treaty, none of the funds appropriated or other17 wise made available under this Act or any other Act may 18 be expended or obligated by a department, agency, or in19 strumentality of the United States to pay administrative 20 expenses or to compensate an officer or employee of the 21 United States in connection with requiring an export li22 cense for the export to Canada of components, parts, ac23 cessories or attachments for firearms listed in Category 24 I, section 121.1 of title 22, Code of Federal Regulations 25 (International Trafficking in Arms Regulations (ITAR), March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 227 1 part 121, as it existed on April 1, 2005) with a total value 2 not exceeding $500 wholesale in any transaction, provided 3 that the conditions of subsection (b) of this section are 4 met by the exporting party for such articles. 5 (b) The foregoing exemption from obtaining an ex- 6 port license— 7 (1) does not exempt an exporter from filing any 8 Shipper’s Export Declaration or notification letter 9 required by law, or from being otherwise eligible 10 under the laws of the United States to possess, ship, 11 transport, or export the articles enumerated in sub- 12 section (a); and 13 14 (2) does not permit the export without a license of— 15 (A) fully automatic firearms and compo- 16 nents and parts for such firearms, other than 17 for end use by the Federal Government, or a 18 Provincial or Municipal Government of Canada; 19 (B) barrels, cylinders, receivers (frames) or 20 complete breech mechanisms for any firearm 21 listed in Category I, other than for end use by 22 the Federal Government, or a Provincial or Mu- 23 nicipal Government of Canada; or 24 25 March 21, 2018 (6:08 p.m.) (C) articles for export from Canada to another foreign destination. U:\2018REPT\OMNI\Final\RCP—FM.xml 228 1 (c) In accordance with this section, the District Di- 2 rectors of Customs and postmasters shall permit the per3 manent or temporary export without a license of any un4 classified articles specified in subsection (a) to Canada for 5 end use in Canada or return to the United States, or tem6 porary import of Canadian-origin items from Canada for 7 end use in the United States or return to Canada for a 8 Canadian citizen. 9 (d) The President may require export licenses under 10 this section on a temporary basis if the President deter11 mines, upon publication first in the Federal Register, that 12 the Government of Canada has implemented or main13 tained inadequate import controls for the articles specified 14 in subsection (a), such that a significant diversion of such 15 articles has and continues to take place for use in inter16 national terrorism or in the escalation of a conflict in an17 other nation. The President shall terminate the require18 ments of a license when reasons for the temporary require19 ments have ceased. 20 SEC. 517. Notwithstanding any other provision of 21 law, no department, agency, or instrumentality of the 22 United States receiving appropriated funds under this Act 23 or any other Act shall obligate or expend in any way such 24 funds to pay administrative expenses or the compensation 25 of any officer or employee of the United States to deny March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 229 1 any application submitted pursuant to 22 U.S.C. 2 2778(b)(1)(B) and qualified pursuant to 27 CFR section 3 478.112 or .113, for a permit to import United States ori4 gin ‘‘curios or relics’’ firearms, parts, or ammunition. 5 SEC. 518. None of the funds made available in this 6 Act may be used to include in any new bilateral or multi7 lateral trade agreement the text of— 8 9 10 11 12 (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 13 States–Morocco Free Trade Agreement. 14 SEC. 519. None of the funds made available in this 15 Act may be used to authorize or issue a national security 16 letter in contravention of any of the following laws author17 izing the Federal Bureau of Investigation to issue national 18 security letters: The Right to Financial Privacy Act of 19 1978; The Electronic Communications Privacy Act of 20 1986; The Fair Credit Reporting Act; The National Secu21 rity Act of 1947; USA PATRIOT Act; USA FREEDOM 22 Act of 2015; and the laws amended by these Acts. 23 SEC. 520. If at any time during any quarter, the pro- 24 gram manager of a project within the jurisdiction of the 25 Departments of Commerce or Justice, the National Aero- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 230 1 nautics and Space Administration, or the National Science 2 Foundation totaling more than $75,000,000 has reason3 able cause to believe that the total program cost has in4 creased by 10 percent or more, the program manager shall 5 immediately inform the respective Secretary, Adminis6 trator, or Director. The Secretary, Administrator, or Di7 rector shall notify the House and Senate Committees on 8 Appropriations within 30 days in writing of such increase, 9 and shall include in such notice: the date on which such 10 determination was made; a statement of the reasons for 11 such increases; the action taken and proposed to be taken 12 to control future cost growth of the project; changes made 13 in the performance or schedule milestones and the degree 14 to which such changes have contributed to the increase 15 in total program costs or procurement costs; new esti16 mates of the total project or procurement costs; and a 17 statement validating that the project’s management struc18 ture is adequate to control total project or procurement 19 costs. 20 SEC. 521. Funds appropriated by this Act, or made 21 available by the transfer of funds in this Act, for intel22 ligence or intelligence related activities are deemed to be 23 specifically authorized by the Congress for purposes of sec24 tion 504 of the National Security Act of 1947 (50 U.S.C. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 231 1 3094) during fiscal year 2018 until the enactment of the 2 Intelligence Authorization Act for fiscal year 2018. 3 SEC. 522. None of the funds appropriated or other- 4 wise made available by this Act may be used to enter into 5 a contract in an amount greater than $5,000,000 or to 6 award a grant in excess of such amount unless the pro7 spective contractor or grantee certifies in writing to the 8 agency awarding the contract or grant that, to the best 9 of its knowledge and belief, the contractor or grantee has 10 filed all Federal tax returns required during the three 11 years preceding the certification, has not been convicted 12 of a criminal offense under the Internal Revenue Code of 13 1986, and has not, more than 90 days prior to certifi14 cation, been notified of any unpaid Federal tax assessment 15 for which the liability remains unsatisfied, unless the as16 sessment is the subject of an installment agreement or 17 offer in compromise that has been approved by the Inter18 nal Revenue Service and is not in default, or the assess19 ment is the subject of a non-frivolous administrative or 20 judicial proceeding. 21 22 (RESCISSIONS) SEC. 523. (a) Of the unobligated balances from prior 23 year appropriations available to the Department of Com24 merce, Economic Development Administration, Economic March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 232 1 Development Assistance Programs, $10,000,000 is re2 scinded not later than September 30, 2018. 3 (b) Of the unobligated balances available to the De- 4 partment of Justice, the following funds are hereby re5 scinded, not later than September 30, 2018, from the fol6 lowing accounts in the specified amounts— 7 (1) ‘‘Working Capital Fund’’, $154,768,000; 8 (2) ‘‘Federal Bureau of Investigation, Salaries 9 and Expenses’’, $127,291,000 including from, but 10 not limited to, fees collected to defray expenses for 11 the automation of fingerprint identification and 12 criminal justice information services and associated 13 costs; 14 (3) ‘‘State and Local Law Enforcement Activi- 15 ties, Office on Violence Against Women, Violence 16 Against Women Prevention and Prosecution Pro- 17 grams’’, $15,000,000; 18 19 (4) ‘‘State and Local Law Enforcement Activities, Office of Justice Programs’’, $40,000,000; 20 (5) ‘‘State and Local Law Enforcement Activi- 21 ties, 22 $10,000,000; and 23 24 March 21, 2018 (6:08 p.m.) Community Oriented Policing Services’’, (6) ‘‘Legal Activities, Assets Forfeiture Fund’’, $304,000,000, is permanently rescinded. U:\2018REPT\OMNI\Final\RCP—FM.xml 233 1 (c) The Departments of Commerce and Justice shall 2 submit to the Committees on Appropriations of the House 3 of Representatives and the Senate a report no later than 4 September 1, 2018, specifying the amount of each rescis5 sion made pursuant to subsections (a) and (b). 6 SEC. 524. None of the funds made available in this 7 Act may be used to purchase first class or premium airline 8 travel in contravention of sections 301–10.122 through 9 301–10.124 of title 41 of the Code of Federal Regulations. 10 SEC. 525. None of the funds made available in this 11 Act may be used to send or otherwise pay for the attend12 ance of more than 50 employees from a Federal depart13 ment or agency, who are stationed in the United States, 14 at any single conference occurring outside the United 15 States unless such conference is a law enforcement train16 ing or operational conference for law enforcement per17 sonnel and the majority of Federal employees in attend18 ance are law enforcement personnel stationed outside the 19 United States. 20 SEC. 526. None of the funds appropriated or other- 21 wise made available in this or any other Act may be used 22 to transfer, release, or assist in the transfer or release to 23 or within the United States, its territories, or possessions 24 Khalid Sheikh Mohammed or any other detainee who— March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 234 1 2 (1) is not a United States citizen or a member of the Armed Forces of the United States; and 3 (2) is or was held on or after June 24, 2009, 4 at the United States Naval Station, Guantanamo 5 Bay, Cuba, by the Department of Defense. 6 SEC. 527. (a) None of the funds appropriated or oth- 7 erwise made available in this or any other Act may be used 8 to construct, acquire, or modify any facility in the United 9 States, its territories, or possessions to house any indi10 vidual described in subsection (c) for the purposes of de11 tention or imprisonment in the custody or under the effec12 tive control of the Department of Defense. 13 (b) The prohibition in subsection (a) shall not apply 14 to any modification of facilities at United States Naval 15 Station, Guantanamo Bay, Cuba. 16 (c) An individual described in this subsection is any 17 individual who, as of June 24, 2009, is located at United 18 States Naval Station, Guantanamo Bay, Cuba, and who— 19 (1) is not a citizen of the United States or a 20 member of the Armed Forces of the United States; 21 and 22 23 24 March 21, 2018 (6:08 p.m.) (2) is— (A) in the custody or under the effective control of the Department of Defense; or U:\2018REPT\OMNI\Final\RCP—FM.xml 235 1 (B) otherwise under detention at United 2 States Naval Station, Guantanamo Bay, Cuba. 3 SEC. 528. The Director of the Office of Management 4 and Budget shall instruct any department, agency, or in5 strumentality of the United States receiving funds appro6 priated under this Act to track undisbursed balances in 7 expired grant accounts and include in its annual perform8 ance plan and performance and accountability reports the 9 following: 10 (1) Details on future action the department, 11 agency, or instrumentality will take to resolve 12 undisbursed balances in expired grant accounts. 13 (2) The method that the department, agency, or 14 instrumentality uses to track undisbursed balances 15 in expired grant accounts. 16 (3) Identification of undisbursed balances in ex- 17 pired grant accounts that may be returned to the 18 Treasury of the United States. 19 (4) In the preceding 3 fiscal years, details on 20 the total number of expired grant accounts with 21 undisbursed balances (on the first day of each fiscal 22 year) for the department, agency, or instrumentality 23 and the total finances that have not been obligated 24 to a specific project remaining in the accounts. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 236 1 SEC. 529. (a) None of the funds made available by 2 this Act may be used for the National Aeronautics and 3 Space Administration (NASA) or the Office of Science 4 and Technology Policy (OSTP) to develop, design, plan, 5 promulgate, implement, or execute a bilateral policy, pro6 gram, order, or contract of any kind to participate, col7 laborate, or coordinate bilaterally in any way with China 8 or any Chinese-owned company unless such activities are 9 specifically authorized by a law enacted after the date of 10 enactment of this Act. 11 (b) None of the funds made available by this Act may 12 be used to effectuate the hosting of official Chinese visitors 13 at facilities belonging to or utilized by NASA. 14 (c) The limitations described in subsections (a) and 15 (b) shall not apply to activities which NASA or OSTP, 16 after consultation with the Federal Bureau of Investiga17 tion, have certified— 18 (1) pose no risk of resulting in the transfer of 19 technology, data, or other information with national 20 security or economic security implications to China 21 or a Chinese-owned company; and 22 (2) will not involve knowing interactions with 23 officials who have been determined by the United 24 States to have direct involvement with violations of 25 human rights. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 237 1 (d) Any certification made under subsection (c) shall 2 be submitted to the Committees on Appropriations of the 3 House of Representatives and the Senate, and the Federal 4 Bureau of Investigation, no later than 30 days prior to 5 the activity in question and shall include a description of 6 the purpose of the activity, its agenda, its major partici7 pants, and its location and timing. 8 SEC. 530. None of the funds made available by this 9 Act may be used to pay the salaries or expenses of per10 sonnel to deny, or fail to act on, an application for the 11 importation of any model of shotgun if— 12 13 (1) all other requirements of law with respect to the proposed importation are met; and 14 (2) no application for the importation of such 15 model of shotgun, in the same configuration, had 16 been denied by the Attorney General prior to Janu- 17 ary 1, 2011, on the basis that the shotgun was not 18 particularly suitable for or readily adaptable to 19 sporting purposes. 20 SEC. 531. (a) None of the funds made available in 21 this Act may be used to maintain or establish a computer 22 network unless such network blocks the viewing, 23 downloading, and exchanging of pornography. 24 (b) Nothing in subsection (a) shall limit the use of 25 funds necessary for any Federal, State, tribal, or local law March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 238 1 enforcement agency or any other entity carrying out crimi2 nal investigations, prosecution, adjudication, or other law 3 enforcement- or victim assistance-related activity. 4 SEC. 532. The Departments of Commerce and Jus- 5 tice, the National Aeronautics and Space Administration, 6 the National Science Foundation, the Commission on Civil 7 Rights, the Equal Employment Opportunity Commission, 8 the International Trade Commission, the Legal Services 9 Corporation, the Marine Mammal Commission, the Offices 10 of Science and Technology Policy and the United States 11 Trade Representative, the National Space Council, and 12 the State Justice Institute shall submit spending plans, 13 signed by the respective department or agency head, to 14 the Committees on Appropriations of the House of Rep15 resentatives and the Senate within 45 days after the date 16 of enactment of this Act. 17 SEC. 533. None of the funds made available by this 18 Act may be obligated or expended to implement the Arms 19 Trade Treaty until the Senate approves a resolution of 20 ratification for the Treaty. 21 SEC. 534. The Department of Commerce, the Na- 22 tional Aeronautics and Space Administration, and the Na23 tional Science Foundation shall provide a quarterly report 24 to the Committees on Appropriations of the House of Rep25 resentatives and the Senate on any official travel to China March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 239 1 by any employee of such Department or agency, including 2 the purpose of such travel. 3 SEC. 535. Of the amounts made available by this Act, 4 not less than 10 percent of each total amount provided, 5 respectively, for Public Works grants authorized by the 6 Public Works and Economic Development Act of 1965 and 7 grants authorized by section 27 of the Stevenson-Wydler 8 Technology Innovation Act of 1980 (15 U.S.C. 3722) shall 9 be allocated for assistance in persistent poverty counties: 10 Provided, That for purposes of this section, the term ‘‘per11 sistent poverty counties’’ means any county that has had 12 20 percent or more of its population living in poverty over 13 the past 30 years, as measured by the 1990 and 2000 14 decennial censuses and the most recent Small Area In15 come and Poverty Estimates. 16 SEC. 536. Notwithstanding any other provision of 17 this Act, none of the funds appropriated or otherwise 18 made available by this Act may be used to pay award or 19 incentive fees for contractor performance that has been 20 judged to be below satisfactory performance or for per21 formance that does not meet the basic requirements of a 22 contract. 23 SEC. 537. None of the funds made available by this 24 Act may be used in contravention of section 7606 (‘‘Legit25 imacy of Industrial Hemp Research’’) of the Agricultural March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 240 1 Act of 2014 (Public Law 113–79) by the Department of 2 Justice or the Drug Enforcement Administration. 3 SEC. 538. None of the funds made available under 4 this Act to the Department of Justice may be used, with 5 respect to any of the States of Alabama, Alaska, Arizona, 6 Arkansas, California, Colorado, Connecticut, Delaware, 7 Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Ken8 tucky, Louisiana, Maine, Maryland, Massachusetts, Michi9 gan, Minnesota, Mississippi, Missouri, Montana, Nevada, 10 New Hampshire, New Jersey, New Mexico, New York, 11 North Carolina, North Dakota, Ohio, Oklahoma, Oregon, 12 Pennsylvania, Rhode Island, South Carolina, Tennessee, 13 Texas, Utah, Vermont, Virginia, Washington, West Vir14 ginia, Wisconsin, and Wyoming, or with respect to the 15 District of Columbia, Guam, or Puerto Rico, to prevent 16 any of them from implementing their own laws that au17 thorize the use, distribution, possession, or cultivation of 18 medical marijuana. 19 SEC. 539. Not later than 30 days after the enactment 20 of this Act, the Secretary of Commerce (Secretary) shall 21 lift the stay on the effective date of the final rule for the 22 seafood import monitoring program published by the Sec23 retary on December 9, 2016, (81 Fed. Reg. 88975 et seq.) 24 for the species described in section 300.324(a)(3) of title 25 50, Code of Federal Regulations: Provided, That the com- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 241 1 pliance date for the species described in section 2 300.324(a)(3) of title 50, Code of Federal Regulations, 3 shall occur not later than December 31, 2018: Provided 4 further, That not later than December 31, 2018, the Sec5 retary shall establish a traceability program for United 6 States inland, coastal, and marine aquaculture of shrimp 7 and abalone from point of production to entry into United 8 States commerce: Provided further, That the Secretary 9 shall promulgate such regulations as are necessary and ap10 propriate to establish and implement the program: Pro11 vided further, That information collected pursuant to a 12 regulation promulgated under this section shall be con13 fidential and not be disclosed except for the information 14 disclosed under section 401(b)(1) of the Magnuson-Ste15 vens Fishery Conservation and Management Act (16 16 U.S.C. 1881a(b)(1)): Provided further, That any regula17 tions promulgated under this section shall be enforced as 18 if this section were a provision of the Magnuson-Stevens 19 Fishery Conservation and Management Act (16 U.S.C. 20 1801 et seq.) and the regulations were promulgated under 21 such Act. 22 SEC. 540. For an additional amount for ‘‘Department 23 of Justice, State and Local Law Enforcement Activities, 24 Office of Justice Programs, State and Local Law Enforce25 ment Assistance’’, $2,500,000 to keep young athletes safe. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 242 1 This division may be cited as the ‘‘Commerce, Jus- 2 tice, Science, and Related Agencies Appropriations Act, 3 2018’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 243 1 DIVISION C—DEPARTMENT OF DEFENSE 2 APPROPRIATIONS ACT, 2018 3 TITLE I 4 MILITARY PERSONNEL 5 MILITARY PERSONNEL, ARMY 6 For pay, allowances, individual clothing, subsistence, 7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 10 between permanent duty stations, for members of the 11 Army on active duty (except members of reserve compo12 nents provided for elsewhere), cadets, and aviation cadets; 13 for members of the Reserve Officers’ Training Corps; and 14 for payments pursuant to section 156 of Public Law 97– 15 377, as amended (42 U.S.C. 402 note), and to the Depart16 ment of Defense Military Retirement Fund, 17 $41,628,855,000. 18 19 MILITARY PERSONNEL, NAVY For pay, allowances, individual clothing, subsistence, 20 interest on deposits, gratuities, permanent change of sta21 tion travel (including all expenses thereof for organiza22 tional movements), and expenses of temporary duty travel 23 between permanent duty stations, for members of the 24 Navy on active duty (except members of the Reserve pro25 vided for elsewhere), midshipmen, and aviation cadets; for March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 244 1 members of the Reserve Officers’ Training Corps; and for 2 payments pursuant to section 156 of Public Law 97–377, 3 as amended (42 U.S.C. 402 note), and to the Department 4 of Defense Military Retirement Fund, $28,772,118,000. 5 6 MILITARY PERSONNEL, MARINE CORPS For pay, allowances, individual clothing, subsistence, 7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 10 between permanent duty stations, for members of the Ma11 rine Corps on active duty (except members of the Reserve 12 provided for elsewhere); and for payments pursuant to sec13 tion 156 of Public Law 97–377, as amended (42 U.S.C. 14 402 note), and to the Department of Defense Military Re15 tirement Fund, $13,231,114,000. 16 17 MILITARY PERSONNEL, AIR FORCE For pay, allowances, individual clothing, subsistence, 18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel 21 between permanent duty stations, for members of the Air 22 Force on active duty (except members of reserve compo23 nents provided for elsewhere), cadets, and aviation cadets; 24 for members of the Reserve Officers’ Training Corps; and 25 for payments pursuant to section 156 of Public Law 97– March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 245 1 377, as amended (42 U.S.C. 402 note), and to the Depart2 ment of Defense Military Retirement Fund, 3 $28,790,440,000. 4 5 RESERVE PERSONNEL, ARMY For pay, allowances, clothing, subsistence, gratuities, 6 travel, and related expenses for personnel of the Army Re7 serve on active duty under sections 10211, 10302, and 8 3038 of title 10, United States Code, or while serving on 9 active duty under section 12301(d) of title 10, United 10 States Code, in connection with performing duty specified 11 in section 12310(a) of title 10, United States Code, or 12 while undergoing reserve training, or while performing 13 drills or equivalent duty or other duty, and expenses au14 thorized by section 16131 of title 10, United States Code; 15 and for payments to the Department of Defense Military 16 Retirement Fund, $4,715,608,000. 17 18 RESERVE PERSONNEL, NAVY For pay, allowances, clothing, subsistence, gratuities, 19 travel, and related expenses for personnel of the Navy Re20 serve on active duty under section 10211 of title 10, 21 United States Code, or while serving on active duty under 22 section 12301(d) of title 10, United States Code, in con23 nection with performing duty specified in section 12310(a) 24 of title 10, United States Code, or while undergoing re25 serve training, or while performing drills or equivalent March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 246 1 duty, and expenses authorized by section 16131 of title 2 10, United States Code; and for payments to the Depart3 ment of Defense Military Retirement Fund, 4 $1,988,362,000. 5 6 RESERVE PERSONNEL, MARINE CORPS For pay, allowances, clothing, subsistence, gratuities, 7 travel, and related expenses for personnel of the Marine 8 Corps Reserve on active duty under section 10211 of title 9 10, United States Code, or while serving on active duty 10 under section 12301(d) of title 10, United States Code, 11 in connection with performing duty specified in section 12 12310(a) of title 10, United States Code, or while under13 going reserve training, or while performing drills or equiv14 alent duty, and for members of the Marine Corps platoon 15 leaders class, and expenses authorized by section 16131 16 of title 10, United States Code; and for payments to the 17 Department of Defense Military Retirement Fund, 18 $764,903,000. 19 20 RESERVE PERSONNEL, AIR FORCE For pay, allowances, clothing, subsistence, gratuities, 21 travel, and related expenses for personnel of the Air Force 22 Reserve on active duty under sections 10211, 10305, and 23 8038 of title 10, United States Code, or while serving on 24 active duty under section 12301(d) of title 10, United 25 States Code, in connection with performing duty specified March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 247 1 in section 12310(a) of title 10, United States Code, or 2 while undergoing reserve training, or while performing 3 drills or equivalent duty or other duty, and expenses au4 thorized by section 16131 of title 10, United States Code; 5 and for payments to the Department of Defense Military 6 Retirement Fund, $1,802,554,000. 7 8 NATIONAL GUARD PERSONNEL, ARMY For pay, allowances, clothing, subsistence, gratuities, 9 travel, and related expenses for personnel of the Army Na10 tional Guard while on duty under sections 10211, 10302, 11 or 12402 of title 10 or section 708 of title 32, United 12 States Code, or while serving on duty under section 13 12301(d) of title 10 or section 502(f) of title 32, United 14 States Code, in connection with performing duty specified 15 in section 12310(a) of title 10, United States Code, or 16 while undergoing training, or while performing drills or 17 equivalent duty or other duty, and expenses authorized by 18 section 16131 of title 10, United States Code; and for pay19 ments to the Department of Defense Military Retirement 20 Fund, $8,264,626,000. 21 22 NATIONAL GUARD PERSONNEL, AIR FORCE For pay, allowances, clothing, subsistence, gratuities, 23 travel, and related expenses for personnel of the Air Na24 tional Guard on duty under sections 10211, 10305, or 25 12402 of title 10 or section 708 of title 32, United States March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 248 1 Code, or while serving on duty under section 12301(d) of 2 title 10 or section 502(f) of title 32, United States Code, 3 in connection with performing duty specified in section 4 12310(a) of title 10, United States Code, or while under5 going training, or while performing drills or equivalent 6 duty or other duty, and expenses authorized by section 7 16131 of title 10, United States Code; and for payments 8 to the Department of Defense Military Retirement Fund, 9 $3,408,817,000. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 249 1 TITLE II 2 OPERATION AND MAINTENANCE 3 OPERATION 4 AND MAINTENANCE, ARMY For expenses, not otherwise provided for, necessary 5 for the operation and maintenance of the Army, as author6 ized by law, $38,816,957,000: Provided, That not to ex7 ceed $12,478,000 can be used for emergencies and ex8 traordinary expenses, to be expended on the approval or 9 authority of the Secretary of the Army, and payments may 10 be made on his certificate of necessity for confidential mili11 tary purposes. 12 13 OPERATION AND MAINTENANCE, NAVY For expenses, not otherwise provided for, necessary 14 for the operation and maintenance of the Navy and the 15 Marine Corps, as authorized by law, $45,384,353,000: 16 Provided, That not to exceed $15,055,000 can be used for 17 emergencies and extraordinary expenses, to be expended 18 on the approval or authority of the Secretary of the Navy, 19 and payments may be made on his certificate of necessity 20 for confidential military purposes. 21 OPERATION 22 For expenses, not otherwise provided for, necessary AND MAINTENANCE, MARINE CORPS 23 for the operation and maintenance of the Marine Corps, 24 as authorized by law, $6,605,546,000. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 250 1 2 OPERATION AND MAINTENANCE, AIR FORCE For expenses, not otherwise provided for, necessary 3 for the operation and maintenance of the Air Force, as 4 authorized by law, $39,544,193,000: Provided, That not 5 to exceed $7,699,000 can be used for emergencies and ex6 traordinary expenses, to be expended on the approval or 7 authority of the Secretary of the Air Force, and payments 8 may be made on his certificate of necessity for confidential 9 military purposes. 10 11 12 OPERATION AND MAINTENANCE, DEFENSE-WIDE (INCLUDING TRANSFER OF FUNDS) For expenses, not otherwise provided for, necessary 13 for the operation and maintenance of activities and agen14 cies of the Department of Defense (other than the military 15 departments), as authorized by law, $34,059,257,000: 16 Provided, That not more than $15,000,000 may be used 17 for the Combatant Commander Initiative Fund authorized 18 under section 166a of title 10, United States Code: Pro19 vided further, That not to exceed $36,000,000 can be used 20 for emergencies and extraordinary expenses, to be ex21 pended on the approval or authority of the Secretary of 22 Defense, and payments may be made on his certificate of 23 necessity for confidential military purposes: Provided fur24 ther, That of the funds provided under this heading, not 25 less than $38,458,000 shall be made available for the Pro- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 251 1 curement Technical Assistance Cooperative Agreement 2 Program, of which not less than $3,600,000 shall be avail3 able for centers defined in 10 U.S.C. 2411(1)(D): Pro4 vided further, That none of the funds appropriated or oth5 erwise made available by this Act may be used to plan 6 or implement the consolidation of a budget or appropria7 tions liaison office of the Office of the Secretary of De8 fense, the office of the Secretary of a military department, 9 or the service headquarters of one of the Armed Forces 10 into a legislative affairs or legislative liaison office: Pro11 vided further, That $9,385,000, to remain available until 12 expended, is available only for expenses relating to certain 13 classified activities, and may be transferred as necessary 14 by the Secretary of Defense to operation and maintenance 15 appropriations or research, development, test and evalua16 tion appropriations, to be merged with and to be available 17 for the same time period as the appropriations to which 18 transferred: Provided further, That any ceiling on the in19 vestment item unit cost of items that may be purchased 20 with operation and maintenance funds shall not apply to 21 the funds described in the preceding proviso: Provided fur22 ther, That of the funds provided under this heading, 23 $631,670,000, of which $157,917,000, to remain available 24 until September 30, 2019, shall be available to provide 25 support and assistance to foreign security forces or other March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 252 1 groups or individuals to conduct, support or facilitate 2 counterterrorism, crisis response, or other Department of 3 Defense security cooperation programs: Provided further, 4 That the transfer authority provided under this heading 5 is in addition to any other transfer authority provided else6 where in this Act. 7 OPERATION 8 For expenses, not otherwise provided for, necessary AND MAINTENANCE, ARMY RESERVE 9 for the operation and maintenance, including training, or10 ganization, and administration, of the Army Reserve; re11 pair of facilities and equipment; hire of passenger motor 12 vehicles; travel and transportation; care of the dead; re13 cruiting; procurement of services, supplies, and equip14 ment; and communications, $2,877,104,000. 15 OPERATION 16 For expenses, not otherwise provided for, necessary AND MAINTENANCE, NAVY RESERVE 17 for the operation and maintenance, including training, or18 ganization, and administration, of the Navy Reserve; re19 pair of facilities and equipment; hire of passenger motor 20 vehicles; travel and transportation; care of the dead; re21 cruiting; procurement of services, supplies, and equip22 ment; and communications, $1,069,707,000. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 253 1 OPERATION AND 2 MAINTENANCE, MARINE CORPS RESERVE 3 For expenses, not otherwise provided for, necessary 4 for the operation and maintenance, including training, or5 ganization, and administration, of the Marine Corps Re6 serve; repair of facilities and equipment; hire of passenger 7 motor vehicles; travel and transportation; care of the dead; 8 recruiting; procurement of services, supplies, and equip9 ment; and communications, $284,837,000. 10 OPERATION 11 AND MAINTENANCE, AIR FORCE RESERVE For expenses, not otherwise provided for, necessary 12 for the operation and maintenance, including training, or13 ganization, and administration, of the Air Force Reserve; 14 repair of facilities and equipment; hire of passenger motor 15 vehicles; travel and transportation; care of the dead; re16 cruiting; procurement of services, supplies, and equip17 ment; and communications, $3,202,307,000. 18 19 20 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD For expenses of training, organizing, and admin- 21 istering the Army National Guard, including medical and 22 hospital treatment and related expenses in non-Federal 23 hospitals; maintenance, operation, and repairs to struc24 tures and facilities; hire of passenger motor vehicles; per25 sonnel services in the National Guard Bureau; travel ex- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 254 1 penses (other than mileage), as authorized by law for 2 Army personnel on active duty, for Army National Guard 3 division, regimental, and battalion commanders while in4 specting units in compliance with National Guard Bureau 5 regulations when specifically authorized by the Chief, Na6 tional Guard Bureau; supplying and equipping the Army 7 National Guard as authorized by law; and expenses of re8 pair, modification, maintenance, and issue of supplies and 9 equipment (including aircraft), $7,284,170,000. 10 OPERATION 11 AND MAINTENANCE, AIR NATIONAL GUARD For expenses of training, organizing, and admin- 12 istering the Air National Guard, including medical and 13 hospital treatment and related expenses in non-Federal 14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; transportation of things, hire of pas16 senger motor vehicles; supplying and equipping the Air 17 National Guard, as authorized by law; expenses for repair, 18 modification, maintenance, and issue of supplies and 19 equipment, including those furnished from stocks under 20 the control of agencies of the Department of Defense; 21 travel expenses (other than mileage) on the same basis as 22 authorized by law for Air National Guard personnel on 23 active Federal duty, for Air National Guard commanders 24 while inspecting units in compliance with National Guard March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 255 1 Bureau regulations when specifically authorized by the 2 Chief, National Guard Bureau, $6,900,798,000. 3 UNITED STATES COURT 4 5 OF APPEALS FOR THE ARMED FORCES For salaries and expenses necessary for the United 6 States Court of Appeals for the Armed Forces, 7 $14,538,000, of which not to exceed $5,000 may be used 8 for official representation purposes. 9 10 11 ENVIRONMENTAL RESTORATION, ARMY (INCLUDING TRANSFER OF FUNDS) For the Department of the Army, $235,809,000, to 12 remain available until transferred: Provided, That the Sec13 retary of the Army shall, upon determining that such 14 funds are required for environmental restoration, reduc15 tion and recycling of hazardous waste, removal of unsafe 16 buildings and debris of the Department of the Army, or 17 for similar purposes, transfer the funds made available by 18 this appropriation to other appropriations made available 19 to the Department of the Army, to be merged with and 20 to be available for the same purposes and for the same 21 time period as the appropriations to which transferred: 22 Provided further, That upon a determination that all or 23 part of the funds transferred from this appropriation are 24 not necessary for the purposes provided herein, such 25 amounts may be transferred back to this appropriation: March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 256 1 Provided further, That the transfer authority provided 2 under this heading is in addition to any other transfer au3 thority provided elsewhere in this Act. 4 ENVIRONMENTAL RESTORATION, NAVY 5 (INCLUDING TRANSFER OF FUNDS) 6 For the Department of the Navy, $365,883,000, to 7 remain available until transferred: Provided, That the Sec8 retary of the Navy shall, upon determining that such 9 funds are required for environmental restoration, reduc10 tion and recycling of hazardous waste, removal of unsafe 11 buildings and debris of the Department of the Navy, or 12 for similar purposes, transfer the funds made available by 13 this appropriation to other appropriations made available 14 to the Department of the Navy, to be merged with and 15 to be available for the same purposes and for the same 16 time period as the appropriations to which transferred: 17 Provided further, That upon a determination that all or 18 part of the funds transferred from this appropriation are 19 not necessary for the purposes provided herein, such 20 amounts may be transferred back to this appropriation: 21 Provided further, That the transfer authority provided 22 under this heading is in addition to any other transfer au23 thority provided elsewhere in this Act. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 257 1 ENVIRONMENTAL RESTORATION, AIR FORCE 2 (INCLUDING TRANSFER OF FUNDS) 3 For the Department of the Air Force, $352,549,000, 4 to remain available until transferred: Provided, That the 5 Secretary of the Air Force shall, upon determining that 6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of un8 safe buildings and debris of the Department of the Air 9 Force, or for similar purposes, transfer the funds made 10 available by this appropriation to other appropriations 11 made available to the Department of the Air Force, to be 12 merged with and to be available for the same purposes 13 and for the same time period as the appropriations to 14 which transferred: Provided further, That upon a deter15 mination that all or part of the funds transferred from 16 this appropriation are not necessary for the purposes pro17 vided herein, such amounts may be transferred back to 18 this appropriation: Provided further, That the transfer au19 thority provided under this heading is in addition to any 20 other transfer authority provided elsewhere in this Act. 21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 22 (INCLUDING TRANSFER OF FUNDS) 23 For the Department of Defense, $19,002,000, to re- 24 main available until transferred: Provided, That the Sec25 retary of Defense shall, upon determining that such funds March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 258 1 are required for environmental restoration, reduction and 2 recycling of hazardous waste, removal of unsafe buildings 3 and debris of the Department of Defense, or for similar 4 purposes, transfer the funds made available by this appro5 priation to other appropriations made available to the De6 partment of Defense, to be merged with and to be avail7 able for the same purposes and for the same time period 8 as the appropriations to which transferred: Provided fur9 ther, That upon a determination that all or part of the 10 funds transferred from this appropriation are not nec11 essary for the purposes provided herein, such amounts 12 may be transferred back to this appropriation: Provided 13 further, That the transfer authority provided under this 14 heading is in addition to any other transfer authority pro15 vided elsewhere in this Act. 16 ENVIRONMENTAL RESTORATION, FORMERLY USED 17 DEFENSE SITES 18 (INCLUDING TRANSFER OF FUNDS) 19 For the Department of the Army, $248,673,000, to 20 remain available until transferred: Provided, That the Sec21 retary of the Army shall, upon determining that such 22 funds are required for environmental restoration, reduc23 tion and recycling of hazardous waste, removal of unsafe 24 buildings and debris at sites formerly used by the Depart25 ment of Defense, transfer the funds made available by this March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 259 1 appropriation to other appropriations made available to 2 the Department of the Army, to be merged with and to 3 be available for the same purposes and for the same time 4 period as the appropriations to which transferred: Pro5 vided further, That upon a determination that all or part 6 of the funds transferred from this appropriation are not 7 necessary for the purposes provided herein, such amounts 8 may be transferred back to this appropriation: Provided 9 further, That the transfer authority provided under this 10 heading is in addition to any other transfer authority pro11 vided elsewhere in this Act. 12 OVERSEAS HUMANITARIAN, DISASTER, 13 AND CIVIC AID For expenses relating to the Overseas Humanitarian, 14 Disaster, and Civic Aid programs of the Department of 15 Defense (consisting of the programs provided under sec16 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 17 United States Code), $129,900,000, to remain available 18 until September 30, 2019. 19 20 COOPERATIVE THREAT REDUCTION ACCOUNT For assistance, including assistance provided by con- 21 tract or by grants, under programs and activities of the 22 Department of Defense Cooperative Threat Reduction 23 Program authorized under the Department of Defense Co24 operative Threat Reduction Act, $350,000,000, to remain 25 available until September 30, 2020. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 260 1 DEPARTMENT 2 3 OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND For the Department of Defense Acquisition Work- 4 force Development Fund, $500,000,000, to remain avail5 able for obligation until September 30, 2019: Provided, 6 That no other amounts may be otherwise credited or 7 transferred to the Fund, or deposited into the Fund, in 8 fiscal year 2018 pursuant to section 1705(d) of title 10, 9 United States Code: Provided further, That within 60 days 10 after the date of enactment of this Act, the Secretary of 11 Defense shall transfer to the Treasury from amounts 12 made available under this heading an amount equal to any 13 amounts transferred to the Fund for fiscal year 2018 be14 fore the date of the enactment of this Act pursuant to 15 section 1705(d)(3) of title 10, United States Code, or any 16 other provision of law: Provided further, That amounts so 17 transferred shall be deposited in the Treasury as miscella18 neous receipts. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 261 1 TITLE III 2 PROCUREMENT 3 AIRCRAFT PROCUREMENT, ARMY 4 For construction, procurement, production, modifica- 5 tion, and modernization of aircraft, equipment, including 6 ordnance, ground handling equipment, spare parts, and 7 accessories therefor; specialized equipment and training 8 devices; expansion of public and private plants, including 9 the land necessary therefor, for the foregoing purposes, 10 and such lands and interests therein, may be acquired, 11 and construction prosecuted thereon prior to approval of 12 title; and procurement and installation of equipment, ap13 pliances, and machine tools in public and private plants; 14 reserve plant and Government and contractor-owned 15 equipment layaway; and other expenses necessary for the 16 foregoing purposes, $5,535,794,000, to remain available 17 for obligation until September 30, 2020. 18 19 MISSILE PROCUREMENT, ARMY For construction, procurement, production, modifica- 20 tion, and modernization of missiles, equipment, including 21 ordnance, ground handling equipment, spare parts, and 22 accessories therefor; specialized equipment and training 23 devices; expansion of public and private plants, including 24 the land necessary therefor, for the foregoing purposes, 25 and such lands and interests therein, may be acquired, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 262 1 and construction prosecuted thereon prior to approval of 2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants; 4 reserve plant and Government and contractor-owned 5 equipment layaway; and other expenses necessary for the 6 foregoing purposes, $3,196,910,000, to remain available 7 for obligation until September 30, 2020. 8 9 10 PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY For construction, procurement, production, and 11 modification of weapons and tracked combat vehicles, 12 equipment, including ordnance, spare parts, and acces13 sories therefor; specialized equipment and training devices; 14 expansion of public and private plants, including the land 15 necessary therefor, for the foregoing purposes, and such 16 lands and interests therein, may be acquired, and con17 struction prosecuted thereon prior to approval of title; and 18 procurement and installation of equipment, appliances, 19 and machine tools in public and private plants; reserve 20 plant and Government and contractor-owned equipment 21 layaway; and other expenses necessary for the foregoing 22 purposes, $4,391,573,000, to remain available for obliga23 tion until September 30, 2020. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 263 1 2 PROCUREMENT OF AMMUNITION, ARMY For construction, procurement, production, and 3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities, au6 thorized by section 2854 of title 10, United States Code, 7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private 12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary 14 for the foregoing purposes, $2,548,740,000, to remain 15 available for obligation until September 30, 2020. 16 17 OTHER PROCUREMENT, ARMY For construction, procurement, production, and 18 modification of vehicles, including tactical, support, and 19 non-tracked combat vehicles; the purchase of passenger 20 motor vehicles for replacement only; communications and 21 electronic equipment; other support equipment; spare 22 parts, ordnance, and accessories therefor; specialized 23 equipment and training devices; expansion of public and 24 private plants, including the land necessary therefor, for 25 the foregoing purposes, and such lands and interests March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 264 1 therein, may be acquired, and construction prosecuted 2 thereon prior to approval of title; and procurement and 3 installation of equipment, appliances, and machine tools 4 in public and private plants; reserve plant and Govern5 ment and contractor-owned equipment layaway; and other 6 expenses necessary for the foregoing purposes, 7 $8,298,418,000, to remain available for obligation until 8 September 30, 2020. 9 10 AIRCRAFT PROCUREMENT, NAVY For construction, procurement, production, modifica- 11 tion, and modernization of aircraft, equipment, including 12 ordnance, spare parts, and accessories therefor; specialized 13 equipment; expansion of public and private plants, includ14 ing the land necessary therefor, and such lands and inter15 ests therein, may be acquired, and construction prosecuted 16 thereon prior to approval of title; and procurement and 17 installation of equipment, appliances, and machine tools 18 in public and private plants; reserve plant and Govern19 ment and contractor-owned equipment layaway, 20 $19,957,380,000, to remain available for obligation until 21 September 30, 2020. 22 23 WEAPONS PROCUREMENT, NAVY For construction, procurement, production, modifica- 24 tion, and modernization of missiles, torpedoes, other weap25 ons, and related support equipment including spare parts, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 265 1 and accessories therefor; expansion of public and private 2 plants, including the land necessary therefor, and such 3 lands and interests therein, may be acquired, and con4 struction prosecuted thereon prior to approval of title; and 5 procurement and installation of equipment, appliances, 6 and machine tools in public and private plants; reserve 7 plant and Government and contractor-owned equipment 8 layaway, $3,510,590,000, to remain available for obliga9 tion until September 30, 2020. 10 11 12 PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS For construction, procurement, production, and 13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities, au16 thorized by section 2854 of title 10, United States Code, 17 and the land necessary therefor, for the foregoing pur18 poses, and such lands and interests therein, may be ac19 quired, and construction prosecuted thereon prior to ap20 proval of title; and procurement and installation of equip21 ment, appliances, and machine tools in public and private 22 plants; reserve plant and Government and contractor23 owned equipment layaway; and other expenses necessary 24 for the foregoing purposes, $804,335,000, to remain avail25 able for obligation until September 30, 2020. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 266 1 2 SHIPBUILDING AND CONVERSION, NAVY For expenses necessary for the construction, acquisi- 3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public 6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical, 8 long lead time components and designs for vessels to be 9 constructed or converted in the future; and expansion of 10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired, 12 and construction prosecuted thereon prior to approval of 13 title, as follows: 14 Ohio 15 $861,853,000; Replacement 16 Carrier 17 $1,569,646,000; 18 Carrier 19 $2,561,058,000; Replacement Replacement Submarine (AP), Program (CVN 80), Program (CVN 79), 20 Virginia Class Submarine, $3,305,315,000; 21 Virginia 22 $2,145,596,000; Class Submarine (AP), 23 CVN Refueling Overhauls, $1,569,669,000; 24 CVN Refueling Overhauls (AP), $75,897,000; 25 DDG–1000 Program, $216,968,000; March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 267 1 DDG–51 Destroyer, $3,357,079,000; 2 DDG–51 Destroyer (AP), $90,336,000; 3 Littoral Combat Ship, $1,566,971,000; 4 Amphibious Ship Replacement, $1,800,000,000; 5 Expeditionary Sea Base, $635,000,000; 6 LHA Replacement, $1,710,927,000; 7 Expeditionary Fast Transport, $225,000,000; 8 TAO Fleet Oiler, $457,988,000; 9 TAO Fleet Oiler (AP), $75,068,000; 10 Towing, 11 $76,204,000; 12 13 T–AGS Salvage, and Oceanographic Rescue Ship, Survey Ship, $180,000,000; 14 Ship to Shore Connector, $524,554,000; 15 Service Craft, $62,994,000; 16 For outfitting, post delivery, conversions, and 17 18 19 20 21 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 obli- 22 gation until September 30, 2022: Provided, That addi23 tional obligations may be incurred after September 30, 24 2022, for engineering services, tests, evaluations, and 25 other such budgeted work that must be performed in the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 268 1 final stage of ship construction: Provided further, That 2 none of the funds provided under this heading for the con3 struction or conversion of any naval vessel to be con4 structed in shipyards in the United States shall be ex5 pended in foreign facilities for the construction of major 6 components of such vessel: Provided further, That none 7 of the funds provided under this heading shall be used 8 for the construction of any naval vessel in foreign ship9 yards: Provided further, That funds appropriated or other10 wise made available by this Act for production of the com11 mon missile compartment of nuclear-powered vessels may 12 be available for multiyear procurement of critical compo13 nents to support continuous production of such compart14 ments only in accordance with the provisions of subsection 15 (i) of section 2218a of title 10, United States Code (as 16 added by section 1023 of the National Defense Authoriza17 tion Act for Fiscal Year 2017 (Public Law 114–328)). 18 19 OTHER PROCUREMENT, NAVY For procurement, production, and modernization of 20 support equipment and materials not otherwise provided 21 for, Navy ordnance (except ordnance for new aircraft, new 22 ships, and ships authorized for conversion); the purchase 23 of passenger motor vehicles for replacement only; expan24 sion of public and private plants, including the land nec25 essary therefor, and such lands and interests therein, may March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 269 1 be acquired, and construction prosecuted thereon prior to 2 approval of title; and procurement and installation of 3 equipment, appliances, and machine tools in public and 4 private plants; reserve plant and Government and con5 tractor-owned equipment layaway, $7,941,018,000, to re6 main available for obligation until September 30, 2020. 7 8 PROCUREMENT, MARINE CORPS For expenses necessary for the procurement, manu- 9 facture, and modification of missiles, armament, military 10 equipment, spare parts, and accessories therefor; plant 11 equipment, appliances, and machine tools, and installation 12 thereof in public and private plants; reserve plant and 13 Government and contractor-owned equipment layaway; ve14 hicles for the Marine Corps, including the purchase of pas15 senger motor vehicles for replacement only; and expansion 16 of public and private plants, including land necessary 17 therefor, and such lands and interests therein, may be ac18 quired, and construction prosecuted thereon prior to ap19 proval of title, $1,942,737,000, to remain available for ob20 ligation until September 30, 2020. 21 22 AIRCRAFT PROCUREMENT, AIR FORCE For construction, procurement, and modification of 23 aircraft and equipment, including armor and armament, 24 specialized ground handling equipment, and training de25 vices, spare parts, and accessories therefor; specialized March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 270 1 equipment; expansion of public and private plants, Gov2 ernment-owned equipment and installation thereof in such 3 plants, erection of structures, and acquisition of land, for 4 the foregoing purposes, and such lands and interests 5 therein, may be acquired, and construction prosecuted 6 thereon prior to approval of title; reserve plant and Gov7 ernment and contractor-owned equipment layaway; and 8 other expenses necessary for the foregoing purposes in9 cluding rents and transportation of things, 10 $18,504,556,000, to remain available for obligation until 11 September 30, 2020. 12 13 MISSILE PROCUREMENT, AIR FORCE For construction, procurement, and modification of 14 missiles, rockets, and related equipment, including spare 15 parts and accessories therefor; ground handling equip16 ment, and training devices; expansion of public and pri17 vate plants, Government-owned equipment and installa18 tion thereof in such plants, erection of structures, and ac19 quisition of land, for the foregoing purposes, and such 20 lands and interests therein, may be acquired, and con21 struction prosecuted thereon prior to approval of title; re22 serve plant and Government and contractor-owned equip23 ment layaway; and other expenses necessary for the fore24 going purposes including rents and transportation of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 271 1 things, $2,207,747,000, to remain available for obligation 2 until September 30, 2020. 3 4 SPACE PROCUREMENT, AIR FORCE For construction, procurement, and modification of 5 spacecraft, rockets, and related equipment, including 6 spare parts and accessories therefor; ground handling 7 equipment, and training devices; expansion of public and 8 private plants, Government-owned equipment and installa9 tion thereof in such plants, erection of structures, and ac10 quisition of land, for the foregoing purposes, and such 11 lands and interests therein, may be acquired, and con12 struction prosecuted thereon prior to approval of title; re13 serve plant and Government and contractor-owned equip14 ment layaway; and other expenses necessary for the fore15 going purposes including rents and transportation of 16 things, $3,552,175,000, to remain available for obligation 17 until September 30, 2020. 18 19 PROCUREMENT OF AMMUNITION, AIR FORCE For construction, procurement, production, and 20 modification of ammunition, and accessories therefor; spe21 cialized equipment and training devices; expansion of pub22 lic and private plants, including ammunition facilities, au23 thorized by section 2854 of title 10, United States Code, 24 and the land necessary therefor, for the foregoing pur25 poses, and such lands and interests therein, may be ac- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 272 1 quired, and construction prosecuted thereon prior to ap2 proval of title; and procurement and installation of equip3 ment, appliances, and machine tools in public and private 4 plants; reserve plant and Government and contractor5 owned equipment layaway; and other expenses necessary 6 for the foregoing purposes, $1,651,977,000, to remain 7 available for obligation until September 30, 2020. 8 9 OTHER PROCUREMENT, AIR FORCE For procurement and modification of equipment (in- 10 cluding ground guidance and electronic control equipment, 11 and ground electronic and communication equipment), 12 and supplies, materials, and spare parts therefor, not oth13 erwise provided for; the purchase of passenger motor vehi14 cles for replacement only; lease of passenger motor vehi15 cles; and expansion of public and private plants, Govern16 ment-owned equipment and installation thereof in such 17 plants, erection of structures, and acquisition of land, for 18 the foregoing purposes, and such lands and interests 19 therein, may be acquired, and construction prosecuted 20 thereon, prior to approval of title; reserve plant and Gov21 ernment and contractor-owned equipment layaway, 22 $20,503,273,000, to remain available for obligation until 23 September 30, 2020. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 273 1 2 PROCUREMENT, DEFENSE-WIDE For expenses of activities and agencies of the Depart- 3 ment of Defense (other than the military departments) 4 necessary for procurement, production, and modification 5 of equipment, supplies, materials, and spare parts there6 for, not otherwise provided for; the purchase of passenger 7 motor vehicles for replacement only; expansion of public 8 and private plants, equipment, and installation thereof in 9 such plants, erection of structures, and acquisition of land 10 for the foregoing purposes, and such lands and interests 11 therein, may be acquired, and construction prosecuted 12 thereon prior to approval of title; reserve plant and Gov13 ernment and contractor-owned equipment layaway, 14 $5,429,270,000, to remain available for obligation until 15 September 30, 2020. 16 17 DEFENSE PRODUCTION ACT PURCHASES For activities by the Department of Defense pursuant 18 to sections 108, 301, 302, and 303 of the Defense Produc19 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 20 $67,401,000, to remain available until expended. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 274 1 TITLE IV 2 RESEARCH, DEVELOPMENT, TEST AND 3 EVALUATION 4 RESEARCH, DEVELOPMENT, TEST 5 6 AND EVALUATION, ARMY For expenses necessary for basic and applied sci- 7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $10,647,426,000, to remain avail10 able for obligation until September 30, 2019. 11 12 13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY For expenses necessary for basic and applied sci- 14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $18,010,754,000, to remain avail17 able for obligation until September 30, 2019: Provided, 18 That funds appropriated in this paragraph which are 19 available for the V–22 may be used to meet unique oper20 ational requirements of the Special Operations Forces. 21 22 23 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE For expenses necessary for basic and applied sci- 24 entific research, development, test and evaluation, includ25 ing maintenance, rehabilitation, lease, and operation of fa- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 275 1 cilities and equipment, $37,428,078,000, to remain avail2 able for obligation until September 30, 2019. 3 RESEARCH, DEVELOPMENT, TEST 4 DEFENSE-WIDE 5 (INCLUDING TRANSFER OF FUNDS) 6 AND EVALUATION, For expenses of activities and agencies of the Depart- 7 ment of Defense (other than the military departments), 8 necessary for basic and applied scientific research, devel9 opment, test and evaluation; advanced research projects 10 as may be designated and determined by the Secretary 11 of Defense, pursuant to law; maintenance, rehabilitation, 12 lease, and operation of facilities and equipment, 13 $22,010,975,000, to remain available for obligation until 14 September 30, 2019: Provided, That, of the funds made 15 available in this paragraph, $250,000,000 for the Defense 16 Rapid Innovation Program shall only be available for ex17 penses, not otherwise provided for, to include program 18 management and oversight, to conduct research, develop19 ment, test and evaluation to include proof of concept dem20 onstration; engineering, testing, and validation; and tran21 sition to full-scale production: Provided further, That the 22 Secretary of Defense may transfer funds provided herein 23 for the Defense Rapid Innovation Program to appropria24 tions for research, development, test and evaluation to ac25 complish the purpose provided herein: Provided further, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 276 1 That this transfer authority is in addition to any other 2 transfer authority available to the Department of Defense: 3 Provided further, That the Secretary of Defense shall, not 4 fewer than 30 days prior to making transfers from this 5 appropriation, notify the congressional defense committees 6 in writing of the details of any such transfer. 7 8 OPERATIONAL TEST AND EVALUATION, DEFENSE For expenses, not otherwise provided for, necessary 9 for the independent activities of the Director, Operational 10 Test and Evaluation, in the direction and supervision of 11 operational test and evaluation, including initial oper12 ational test and evaluation which is conducted prior to, 13 and in support of, production decisions; joint operational 14 testing and evaluation; and administrative expenses in 15 connection therewith, $210,900,000, to remain available 16 for obligation until September 30, 2019. 17 TITLE V 18 REVOLVING AND MANAGEMENT FUNDS 19 DEFENSE WORKING CAPITAL FUNDS 20 For the 21 $1,685,596,000. March 21, 2018 (6:08 p.m.) Defense Working Capital Funds, U:\2018REPT\OMNI\Final\RCP—FM.xml 277 1 TITLE VI 2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 3 4 DEFENSE HEALTH PROGRAM For expenses, not otherwise provided for, for medical 5 and health care programs of the Department of Defense 6 as authorized by law, $34,428,167,000; of which 7 $31,521,850,000 shall be for operation and maintenance, 8 of which not to exceed one percent shall remain available 9 for obligation until September 30, 2019, and of which up 10 to $15,349,700,000 may be available for contracts entered 11 into under the TRICARE program; of which 12 $867,002,000, to remain available for obligation until Sep13 tember 30, 2020, shall be for procurement; and of which 14 $2,039,315,000, to remain available for obligation until 15 September 30, 2019, shall be for research, development, 16 test and evaluation: Provided, That, notwithstanding any 17 other provision of law, of the amount made available under 18 this heading for research, development, test and evalua19 tion, not less than $8,000,000 shall be available for HIV 20 prevention educational activities undertaken in connection 21 with United States military training, exercises, and hu22 manitarian assistance activities conducted primarily in Af23 rican nations: Provided further, That of the funds provided 24 under this heading for research, development, test and 25 evaluation, not less than $1,095,100,000 shall be made March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 278 1 available to the United States Army Medical Research and 2 Materiel Command to carry out the congressionally di3 rected medical research programs. 4 5 6 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE For expenses, not otherwise provided for, necessary 7 for the destruction of the United States stockpile of lethal 8 chemical agents and munitions in accordance with the pro9 visions of section 1412 of the Department of Defense Au10 thorization Act, 1986 (50 U.S.C. 1521), and for the de11 struction of other chemical warfare materials that are not 12 in the chemical weapon stockpile, $961,732,000, of which 13 $104,237,000 shall be for operation and maintenance, of 14 which no less than $49,401,000 shall be for the Chemical 15 Stockpile Emergency Preparedness Program, consisting of 16 $21,045,000 for activities on military installations and 17 $28,356,000, to remain available until September 30, 18 2019, to assist State and local governments; $18,081,000 19 shall be for procurement, to remain available until Sep20 tember 30, 2020, of which $16,787,000 shall be for the 21 Chemical Stockpile Emergency Preparedness Program to 22 assist State and local governments and $1,294,000 for ac23 tivities on military installations; and $839,414,000, to re24 main available until September 30, 2019, shall be for re25 search, development, test and evaluation, of which March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 279 1 $831,900,000 shall only be for the Assembled Chemical 2 Weapons Alternatives program. 3 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 4 DEFENSE 5 (INCLUDING TRANSFER OF FUNDS) 6 For drug interdiction and counter-drug activities of 7 the Department of Defense, for transfer to appropriations 8 available to the Department of Defense for military per9 sonnel of the reserve components serving under the provi10 sions of title 10 and title 32, United States Code; for oper11 ation and maintenance; for procurement; and for research, 12 development, test and evaluation, $934,814,000, of which 13 $552,648,000 shall be for counter-narcotics support; 14 $120,813,000 shall be for the drug demand reduction pro15 gram; $236,353,000 shall be for the National Guard 16 counter-drug program; and $25,000,000 shall be for the 17 National Guard counter-drug schools program: Provided, 18 That the funds appropriated under this heading shall be 19 available for obligation for the same time period and for 20 the same purpose as the appropriation to which trans21 ferred: Provided further, That upon a determination that 22 all or part of the funds transferred from this appropriation 23 are not necessary for the purposes provided herein, such 24 amounts may be transferred back to this appropriation: 25 Provided further, That the transfer authority provided March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 280 1 under this heading is in addition to any other transfer au2 thority contained elsewhere in this Act. 3 4 OFFICE OF THE INSPECTOR GENERAL For expenses and activities of the Office of the In- 5 spector General in carrying out the provisions of the In6 spector General Act of 1978, as amended, $321,887,000, 7 of which $319,087,000 shall be for operation and mainte8 nance, of which not to exceed $700,000 is available for 9 emergencies and extraordinary expenses to be expended on 10 the approval or authority of the Inspector General, and 11 payments may be made on the Inspector General’s certifi12 cate of necessity for confidential military purposes; and 13 of which $2,800,000, to remain available until September 14 30, 2019, shall be for research, development, test and eval15 uation. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 281 1 TITLE VII 2 RELATED AGENCIES 3 4 5 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM FUND For payment to the Central Intelligence Agency Re- 6 tirement and Disability System Fund, to maintain the 7 proper funding level for continuing the operation of the 8 Central Intelligence Agency Retirement and Disability 9 System, $514,000,000. 10 11 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT For necessary expenses of the Intelligence Commu- 12 nity Management Account, $537,600,000. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 282 1 TITLE VIII 2 GENERAL PROVISIONS 3 SEC. 8001. No part of any appropriation contained 4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress. 6 SEC. 8002. During the current fiscal year, provisions 7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States 9 shall not apply to personnel of the Department of Defense: 10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of 12 Defense funded by this Act shall not be at a rate in excess 13 of the percentage increase authorized by law for civilian 14 employees of the Department of Defense whose pay is 15 computed under the provisions of section 5332 of title 5, 16 United States Code, or at a rate in excess of the percent17 age increase provided by the appropriate host nation to 18 its own employees, whichever is higher: Provided further, 19 That this section shall not apply to Department of De20 fense foreign service national employees serving at United 21 States diplomatic missions whose pay is set by the Depart22 ment of State under the Foreign Service Act of 1980: Pro23 vided further, That the limitations of this provision shall 24 not apply to foreign national employees of the Department 25 of Defense in the Republic of Turkey. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 283 1 SEC. 8003. No part of any appropriation contained 2 in this Act shall remain available for obligation beyond 3 the current fiscal year, unless expressly so provided herein. 4 SEC. 8004. No more than 25 percent of the appro- 5 priations in this Act which are limited for obligation dur6 ing the current fiscal year shall be obligated during the 7 last 2 months of the fiscal year: Provided, That this sec8 tion shall not apply to obligations for support of active 9 duty training of reserve components or summer camp 10 training of the Reserve Officers’ Training Corps. 11 12 (TRANSFER OF FUNDS) SEC. 8005. Upon determination by the Secretary of 13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Manage15 ment and Budget, transfer not to exceed $4,250,000,000 16 of working capital funds of the Department of Defense 17 or funds made available in this Act to the Department 18 of Defense for military functions (except military con19 struction) between such appropriations or funds or any 20 subdivision thereof, to be merged with and to be available 21 for the same purposes, and for the same time period, as 22 the appropriation or fund to which transferred: Provided, 23 That such authority to transfer may not be used unless 24 for higher priority items, based on unforeseen military re25 quirements, than those for which originally appropriated March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 284 1 and in no case where the item for which funds are re2 quested has been denied by the Congress: Provided further, 3 That the Secretary of Defense shall notify the Congress 4 promptly of all transfers made pursuant to this authority 5 or any other authority in this Act: Provided further, That 6 no part of the funds in this Act shall be available to pre7 pare or present a request to the Committees on Appropria8 tions for reprogramming of funds, unless for higher pri9 ority items, based on unforeseen military requirements, 10 than those for which originally appropriated and in no 11 case where the item for which reprogramming is requested 12 has been denied by the Congress: Provided further, That 13 a request for multiple reprogrammings of funds using au14 thority provided in this section shall be made prior to June 15 30, 2018: Provided further, That transfers among military 16 personnel appropriations shall not be taken into account 17 for purposes of the limitation on the amount of funds that 18 may be transferred under this section. 19 SEC. 8006. (a) With regard to the list of specific pro- 20 grams, projects, and activities (and the dollar amounts 21 and adjustments to budget activities corresponding to 22 such programs, projects, and activities) contained in the 23 tables titled Explanation of Project Level Adjustments in 24 the explanatory statement regarding this Act, the obliga25 tion and expenditure of amounts appropriated or other- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 285 1 wise made available in this Act for those programs, 2 projects, and activities for which the amounts appro3 priated exceed the amounts requested are hereby required 4 by law to be carried out in the manner provided by such 5 tables to the same extent as if the tables were included 6 in the text of this Act. 7 (b) Amounts specified in the referenced tables de- 8 scribed in subsection (a) shall not be treated as subdivi9 sions of appropriations for purposes of section 8005 of this 10 Act: Provided, That section 8005 shall apply when trans11 fers of the amounts described in subsection (a) occur be12 tween appropriation accounts. 13 SEC. 8007. (a) Not later than 60 days after enact- 14 ment of this Act, the Department of Defense shall submit 15 a report to the congressional defense committees to estab16 lish the baseline for application of reprogramming and 17 transfer authorities for fiscal year 2018: Provided, That 18 the report shall include— 19 (1) a table for each appropriation with a sepa- 20 rate column to display the President’s budget re- 21 quest, adjustments made by Congress, adjustments 22 due to enacted rescissions, if appropriate, and the 23 fiscal year enacted level; 24 (2) a delineation in the table for each appro- 25 priation both by budget activity and program, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 286 1 project, and activity as detailed in the Budget Ap- 2 pendix; and 3 (3) an identification of items of special congres- 4 sional interest. 5 (b) Notwithstanding section 8005 of this Act, none 6 of the funds provided in this Act shall be available for 7 reprogramming or transfer until the report identified in 8 subsection (a) is submitted to the congressional defense 9 committees, unless the Secretary of Defense certifies in 10 writing to the congressional defense committees that such 11 reprogramming or transfer is necessary as an emergency 12 requirement: Provided, That this subsection shall not 13 apply to transfers from the following appropriations ac14 counts: 15 (1) ‘‘Environmental Restoration, Army’’; 16 (2) ‘‘Environmental Restoration, Navy’’; 17 (3) ‘‘Environmental Restoration, Air Force’’; 18 (4) 19 20 21 22 23 March 21, 2018 (6:08 p.m.) ‘‘Environmental Restoration, Defense- ‘‘Environmental Restoration, Formerly Wide’’; (5) Used Defense Sites’’; and (6) ‘‘Drug Interdiction and Counter-drug Activities, Defense’’. U:\2018REPT\OMNI\Final\RCP—FM.xml 287 1 2 (TRANSFER OF FUNDS) SEC. 8008. During the current fiscal year, cash bal- 3 ances in working capital funds of the Department of De4 fense established pursuant to section 2208 of title 10, 5 United States Code, may be maintained in only such 6 amounts as are necessary at any time for cash disburse7 ments to be made from such funds: Provided, That trans8 fers may be made between such funds: Provided further, 9 That transfers may be made between working capital 10 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 11 appropriation and the ‘‘Operation and Maintenance’’ ap12 propriation accounts in such amounts as may be deter13 mined by the Secretary of Defense, with the approval of 14 the Office of Management and Budget, except that such 15 transfers may not be made unless the Secretary of Defense 16 has notified the Congress of the proposed transfer: Pro17 vided further, That except in amounts equal to the 18 amounts appropriated to working capital funds in this Act, 19 no obligations may be made against a working capital fund 20 to procure or increase the value of war reserve material 21 inventory, unless the Secretary of Defense has notified the 22 Congress prior to any such obligation. 23 SEC. 8009. Funds appropriated by this Act may not 24 be used to initiate a special access program without prior March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 288 1 notification 30 calendar days in advance to the congres2 sional defense committees. 3 SEC. 8010. None of the funds provided in this Act 4 shall be available to initiate: (1) a multiyear contract that 5 employs economic order quantity procurement in excess of 6 $20,000,000 in any one year of the contract or that in7 cludes an unfunded contingent liability in excess of 8 $20,000,000; or (2) a contract for advance procurement 9 leading to a multiyear contract that employs economic 10 order quantity procurement in excess of $20,000,000 in 11 any one year, unless the congressional defense committees 12 have been notified at least 30 days in advance of the pro13 posed contract award: Provided, That no part of any ap14 propriation contained in this Act shall be available to ini15 tiate a multiyear contract for which the economic order 16 quantity advance procurement is not funded at least to 17 the limits of the Government’s liability: Provided further, 18 That no part of any appropriation contained in this Act 19 shall be available to initiate multiyear procurement con20 tracts for any systems or component thereof if the value 21 of the multiyear contract would exceed $500,000,000 un22 less specifically provided in this Act: Provided further, 23 That no multiyear procurement contract can be termi24 nated without 30-day prior notification to the congres25 sional defense committees: Provided further, That the exe- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 289 1 cution of multiyear authority shall require the use of a 2 present value analysis to determine lowest cost compared 3 to an annual procurement: Provided further, That none of 4 the funds provided in this Act may be used for a multiyear 5 contract executed after the date of the enactment of this 6 Act unless in the case of any such contract— 7 (1) the Secretary of Defense has submitted to 8 Congress a budget request for full funding of units 9 to be procured through the contract and, in the case 10 of a contract for procurement of aircraft, that in- 11 cludes, for any aircraft unit to be procured through 12 the contract for which procurement funds are re- 13 quested in that budget request for production be- 14 yond advance procurement activities in the fiscal 15 year covered by the budget, full funding of procure- 16 ment of such unit in that fiscal year; 17 (2) cancellation provisions in the contract do 18 not include consideration of recurring manufacturing 19 costs of the contractor associated with the produc- 20 tion of unfunded units to be delivered under the con- 21 tract; 22 (3) the contract provides that payments to the 23 contractor under the contract shall not be made in 24 advance of incurred costs on funded units; and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 290 1 (4) the contract does not provide for a price ad- 2 justment based on a failure to award a follow-on 3 contract. 4 Funds appropriated in title III of this Act may be 5 used for a multiyear procurement contract as follows: V– 6 22 Osprey aircraft variants; up to 13 SSN Virginia Class 7 Submarines and Government-furnished equipment; and 8 DDG–51 Arleigh Burke class Flight III guided missile de9 stroyers, the MK41 Vertical Launching Systems, and as10 sociated Government-furnished systems and subsystems: 11 Provided, That the term of any multiyear procurement 12 contract for V–22 Osprey aircraft variants entered into 13 for use of any part of any appropriation contained in this 14 Act may not exceed 5 years. 15 SEC. 8011. Within the funds appropriated for the op- 16 eration and maintenance of the Armed Forces, funds are 17 hereby appropriated pursuant to section 401 of title 10, 18 United States Code, for humanitarian and civic assistance 19 costs under chapter 20 of title 10, United States Code. 20 Such funds may also be obligated for humanitarian and 21 civic assistance costs incidental to authorized operations 22 and pursuant to authority granted in section 401 of chap23 ter 20 of title 10, United States Code, and these obliga24 tions shall be reported as required by section 401(d) of 25 title 10, United States Code: Provided, That funds avail- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 291 1 able for operation and maintenance shall be available for 2 providing humanitarian and similar assistance by using 3 Civic Action Teams in the Trust Territories of the Pacific 4 Islands and freely associated states of Micronesia, pursu5 ant to the Compact of Free Association as authorized by 6 Public Law 99–239: Provided further, That upon a deter7 mination by the Secretary of the Army that such action 8 is beneficial for graduate medical education programs con9 ducted at Army medical facilities located in Hawaii, the 10 Secretary of the Army may authorize the provision of med11 ical services at such facilities and transportation to such 12 facilities, on a nonreimbursable basis, for civilian patients 13 from American Samoa, the Commonwealth of the North14 ern Mariana Islands, the Marshall Islands, the Federated 15 States of Micronesia, Palau, and Guam. 16 SEC. 8012. (a) During the current fiscal year, the 17 civilian personnel of the Department of Defense may not 18 be managed on the basis of any end-strength, and the 19 management of such personnel during that fiscal year 20 shall not be subject to any constraint or limitation (known 21 as an end-strength) on the number of such personnel who 22 may be employed on the last day of such fiscal year. 23 (b) The fiscal year 2019 budget request for the De- 24 partment of Defense as well as all justification material 25 and other documentation supporting the fiscal year 2019 March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 292 1 Department of Defense budget request shall be prepared 2 and submitted to the Congress as if subsections (a) and 3 (b) of this provision were effective with regard to fiscal 4 year 2019. 5 (c) As required by section 1107 of the National De- 6 fense Authorization Act for Fiscal Year 2014 (Public Law 7 113–66; 10 U.S.C. 2358 note) civilian personnel at the 8 Department of Army Science and Technology Reinvention 9 Laboratories may not be managed on the basis of the 10 Table of Distribution and Allowances, and the manage11 ment of the workforce strength shall be done in a manner 12 consistent with the budget available with respect to such 13 Laboratories. 14 (d) Nothing in this section shall be construed to apply 15 to military (civilian) technicians. 16 SEC. 8013. None of the funds made available by this 17 Act shall be used in any way, directly or indirectly, to in18 fluence congressional action on any legislation or appro19 priation matters pending before the Congress. 20 SEC. 8014. None of the funds appropriated by this 21 Act shall be available for the basic pay and allowances of 22 any member of the Army participating as a full-time stu23 dent and receiving benefits paid by the Secretary of Vet24 erans Affairs from the Department of Defense Education 25 Benefits Fund when time spent as a full-time student is March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 293 1 credited toward completion of a service commitment: Pro2 vided, That this section shall not apply to those members 3 who have reenlisted with this option prior to October 1, 4 1987: Provided further, That this section applies only to 5 active components of the Army. 6 7 (TRANSFER OF FUNDS) SEC. 8015. Funds appropriated in title III of this Act 8 for the Department of Defense Pilot Mentor-Protégé Pro9 gram may be transferred to any other appropriation con10 tained in this Act solely for the purpose of implementing 11 a Mentor-Protégé Program developmental assistance 12 agreement pursuant to section 831 of the National De13 fense Authorization Act for Fiscal Year 1991 (Public Law 14 101–510; 10 U.S.C. 2302 note), as amended, under the 15 authority of this provision or any other transfer authority 16 contained in this Act. 17 SEC. 8016. None of the funds in this Act may be 18 available for the purchase by the Department of Defense 19 (and its departments and agencies) of welded shipboard 20 anchor and mooring chain 4 inches in diameter and under 21 unless the anchor and mooring chain are manufactured 22 in the United States from components which are substan23 tially manufactured in the United States: Provided, That 24 for the purpose of this section, the term ‘‘manufactured’’ 25 shall include cutting, heat treating, quality control, testing March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 294 1 of chain and welding (including the forging and shot blast2 ing process): Provided further, That for the purpose of this 3 section substantially all of the components of anchor and 4 mooring chain shall be considered to be produced or manu5 factured in the United States if the aggregate cost of the 6 components produced or manufactured in the United 7 States exceeds the aggregate cost of the components pro8 duced or manufactured outside the United States: Pro9 vided further, That when adequate domestic supplies are 10 not available to meet Department of Defense requirements 11 on a timely basis, the Secretary of the service responsible 12 for the procurement may waive this restriction on a case13 by-case basis by certifying in writing to the Committees 14 on Appropriations that such an acquisition must be made 15 in order to acquire capability for national security pur16 poses. 17 SEC. 8017. None of the funds appropriated by this 18 Act shall be used for the support of any nonappropriated 19 funds activity of the Department of Defense that procures 20 malt beverages and wine with nonappropriated funds for 21 resale (including such alcoholic beverages sold by the 22 drink) on a military installation located in the United 23 States unless such malt beverages and wine are procured 24 within that State, or in the case of the District of Colum25 bia, within the District of Columbia, in which the military March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 295 1 installation is located: Provided, That, in a case in which 2 the military installation is located in more than one State, 3 purchases may be made in any State in which the installa4 tion is located: Provided further, That such local procure5 ment requirements for malt beverages and wine shall 6 apply to all alcoholic beverages only for military installa7 tions in States which are not contiguous with another 8 State: Provided further, That alcoholic beverages other 9 than wine and malt beverages, in contiguous States and 10 the District of Columbia shall be procured from the most 11 competitive source, price and other factors considered. 12 SEC. 8018. None of the funds available to the De- 13 partment of Defense may be used to demilitarize or dis14 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 15 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 16 to demilitarize or destroy small arms ammunition or am17 munition components that are not otherwise prohibited 18 from commercial sale under Federal law, unless the small 19 arms ammunition or ammunition components are certified 20 by the Secretary of the Army or designee as unserviceable 21 or unsafe for further use. 22 SEC. 8019. No more than $500,000 of the funds ap- 23 propriated or made available in this Act shall be used dur24 ing a single fiscal year for any single relocation of an orga25 nization, unit, activity or function of the Department of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 296 1 Defense into or within the National Capital Region: Pro2 vided, That the Secretary of Defense may waive this re3 striction on a case-by-case basis by certifying in writing 4 to the congressional defense committees that such a relo5 cation is required in the best interest of the Government. 6 SEC. 8020. Of the funds made available in this Act, 7 $20,000,000 shall be available for incentive payments au8 thorized by section 504 of the Indian Financing Act of 9 1974 (25 U.S.C. 1544): Provided, That a prime contractor 10 or a subcontractor at any tier that makes a subcontract 11 award to any subcontractor or supplier as defined in sec12 tion 1544 of title 25, United States Code, or a small busi13 ness owned and controlled by an individual or individuals 14 defined under section 4221(9) of title 25, United States 15 Code, shall be considered a contractor for the purposes 16 of being allowed additional compensation under section 17 504 of the Indian Financing Act of 1974 (25 U.S.C. 18 1544) whenever the prime contract or subcontract amount 19 is over $500,000 and involves the expenditure of funds 20 appropriated by an Act making appropriations for the De21 partment of Defense with respect to any fiscal year: Pro22 vided further, That notwithstanding section 1906 of title 23 41, United States Code, this section shall be applicable 24 to any Department of Defense acquisition of supplies or 25 services, including any contract and any subcontract at March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 297 1 any tier for acquisition of commercial items produced or 2 manufactured, in whole or in part, by any subcontractor 3 or supplier defined in section 1544 of title 25, United 4 States Code, or a small business owned and controlled by 5 an individual or individuals defined under section 4221(9) 6 of title 25, United States Code. 7 SEC. 8021. Funds appropriated by this Act for the 8 Defense Media Activity shall not be used for any national 9 or international political or psychological activities. 10 SEC. 8022. During the current fiscal year, the De- 11 partment of Defense is authorized to incur obligations of 12 not to exceed $350,000,000 for purposes specified in sec13 tion 2350j(c) of title 10, United States Code, in anticipa14 tion of receipt of contributions, only from the Government 15 of Kuwait, under that section: Provided, That, upon re16 ceipt, such contributions from the Government of Kuwait 17 shall be credited to the appropriations or fund which in18 curred such obligations. 19 SEC. 8023. (a) Of the funds made available in this 20 Act, not less than $43,100,000 shall be available for the 21 Civil Air Patrol Corporation, of which— 22 (1) $30,800,000 shall be available from ‘‘Oper- 23 ation and Maintenance, Air Force’’ to support Civil 24 Air Patrol Corporation operation and maintenance, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 298 1 readiness, counter-drug activities, and drug demand 2 reduction activities involving youth programs; 3 4 5 (2) $10,600,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and (3) $1,700,000 shall be available from ‘‘Other 6 Procurement, Air Force’’ for vehicle procurement. 7 (b) The Secretary of the Air Force should waive reim- 8 bursement for any funds used by the Civil Air Patrol for 9 counter-drug activities in support of Federal, State, and 10 local government agencies. 11 SEC. 8024. (a) None of the funds appropriated in this 12 Act are available to establish a new Department of De13 fense (department) federally funded research and develop14 ment center (FFRDC), either as a new entity, or as a 15 separate entity administrated by an organization man16 aging another FFRDC, or as a nonprofit membership cor17 poration consisting of a consortium of other FFRDCs and 18 other nonprofit entities. 19 (b) No member of a Board of Directors, Trustees, 20 Overseers, Advisory Group, Special Issues Panel, Visiting 21 Committee, or any similar entity of a defense FFRDC, 22 and no paid consultant to any defense FFRDC, except 23 when acting in a technical advisory capacity, may be com24 pensated for his or her services as a member of such enti25 ty, or as a paid consultant by more than one FFRDC in March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 299 1 a fiscal year: Provided, That a member of any such entity 2 referred to previously in this subsection shall be allowed 3 travel expenses and per diem as authorized under the Fed4 eral Joint Travel Regulations, when engaged in the per5 formance of membership duties. 6 (c) Notwithstanding any other provision of law, none 7 of the funds available to the department from any source 8 during the current fiscal year may be used by a defense 9 FFRDC, through a fee or other payment mechanism, for 10 construction of new buildings not located on a military in11 stallation, for payment of cost sharing for projects funded 12 by Government grants, for absorption of contract over13 runs, or for certain charitable contributions, not to include 14 employee participation in community service and/or devel15 opment. 16 (d) Notwithstanding any other provision of law, of 17 the funds available to the department during fiscal year 18 2018, not more than 6,030 staff years of technical effort 19 (staff years) may be funded for defense FFRDCs: Pro20 vided, That, of the specific amount referred to previously 21 in this subsection, not more than 1,125 staff years may 22 be funded for the defense studies and analysis FFRDCs: 23 Provided further, That this subsection shall not apply to 24 staff years funded in the National Intelligence Program 25 (NIP) and the Military Intelligence Program (MIP). March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 300 1 (e) The Secretary of Defense shall, with the submis- 2 sion of the department’s fiscal year 2019 budget request, 3 submit a report presenting the specific amounts of staff 4 years of technical effort to be allocated for each defense 5 FFRDC during that fiscal year and the associated budget 6 estimates. 7 (f) Notwithstanding any other provision of this Act, 8 the total amount appropriated in this Act for FFRDCs 9 is hereby reduced by $131,000,000. 10 SEC. 8025. None of the funds appropriated or made 11 available in this Act shall be used to procure carbon, alloy, 12 or armor steel plate for use in any Government-owned fa13 cility or property under the control of the Department of 14 Defense which were not melted and rolled in the United 15 States or Canada: Provided, That these procurement re16 strictions shall apply to any and all Federal Supply Class 17 9515, American Society of Testing and Materials (ASTM) 18 or American Iron and Steel Institute (AISI) specifications 19 of carbon, alloy or armor steel plate: Provided further, 20 That the Secretary of the military department responsible 21 for the procurement may waive this restriction on a case22 by-case basis by certifying in writing to the Committees 23 on Appropriations of the House of Representatives and the 24 Senate that adequate domestic supplies are not available 25 to meet Department of Defense requirements on a timely March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 301 1 basis and that such an acquisition must be made in order 2 to acquire capability for national security purposes: Pro3 vided further, That these restrictions shall not apply to 4 contracts which are in being as of the date of the enact5 ment of this Act. 6 SEC. 8026. For the purposes of this Act, the term 7 ‘‘congressional defense committees’’ means the Armed 8 Services Committee of the House of Representatives, the 9 Armed Services Committee of the Senate, the Sub10 committee on Defense of the Committee on Appropriations 11 of the Senate, and the Subcommittee on Defense of the 12 Committee on Appropriations of the House of Representa13 tives. 14 SEC. 8027. During the current fiscal year, the De- 15 partment of Defense may acquire the modification, depot 16 maintenance and repair of aircraft, vehicles and vessels 17 as well as the production of components and other De18 fense-related articles, through competition between De19 partment of Defense depot maintenance activities and pri20 vate firms: Provided, That the Senior Acquisition Execu21 tive of the military department or Defense Agency con22 cerned, with power of delegation, shall certify that success23 ful bids include comparable estimates of all direct and in24 direct costs for both public and private bids: Provided fur25 ther, That Office of Management and Budget Circular A– March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 302 1 76 shall not apply to competitions conducted under this 2 section. 3 SEC. 8028. (a)(1) If the Secretary of Defense, after 4 consultation with the United States Trade Representative, 5 determines that a foreign country which is party to an 6 agreement described in paragraph (2) has violated the 7 terms of the agreement by discriminating against certain 8 types of products produced in the United States that are 9 covered by the agreement, the Secretary of Defense shall 10 rescind the Secretary’s blanket waiver of the Buy Amer11 ican Act with respect to such types of products produced 12 in that foreign country. 13 (2) An agreement referred to in paragraph (1) is any 14 reciprocal defense procurement memorandum of under15 standing, between the United States and a foreign country 16 pursuant to which the Secretary of Defense has prospec17 tively waived the Buy American Act for certain products 18 in that country. 19 (b) The Secretary of Defense shall submit to the Con- 20 gress a report on the amount of Department of Defense 21 purchases from foreign entities in fiscal year 2018. Such 22 report shall separately indicate the dollar value of items 23 for which the Buy American Act was waived pursuant to 24 any agreement described in subsection (a)(2), the Trade 25 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 303 1 international agreement to which the United States is a 2 party. 3 (c) For purposes of this section, the term ‘‘Buy 4 American Act’’ means chapter 83 of title 41, United 5 States Code. 6 SEC. 8029. During the current fiscal year, amounts 7 contained in the Department of Defense Overseas Military 8 Facility Investment Recovery Account established by sec9 tion 2921(c)(1) of the National Defense Authorization Act 10 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 11 be available until expended for the payments specified by 12 section 2921(c)(2) of that Act. 13 SEC. 8030. (a) Notwithstanding any other provision 14 of law, the Secretary of the Air Force may convey at no 15 cost to the Air Force, without consideration, to Indian 16 tribes located in the States of Nevada, Idaho, North Da17 kota, South Dakota, Montana, Oregon, Minnesota, and 18 Washington relocatable military housing units located at 19 Grand Forks Air Force Base, Malmstrom Air Force Base, 20 Mountain Home Air Force Base, Ellsworth Air Force 21 Base, and Minot Air Force Base that are excess to the 22 needs of the Air Force. 23 (b) The Secretary of the Air Force shall convey, at 24 no cost to the Air Force, military housing units under sub25 section (a) in accordance with the request for such units March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 304 1 that are submitted to the Secretary by the Operation 2 Walking Shield Program on behalf of Indian tribes located 3 in the States of Nevada, Idaho, North Dakota, South Da4 kota, Montana, Oregon, Minnesota, and Washington. Any 5 such conveyance shall be subject to the condition that the 6 housing units shall be removed within a reasonable period 7 of time, as determined by the Secretary. 8 (c) The Operation Walking Shield Program shall re- 9 solve any conflicts among requests of Indian tribes for 10 housing units under subsection (a) before submitting re11 quests to the Secretary of the Air Force under subsection 12 (b). 13 (d) In this section, the term ‘‘Indian tribe’’ means 14 any recognized Indian tribe included on the current list 15 published by the Secretary of the Interior under section 16 104 of the Federally Recognized Indian Tribe Act of 1994 17 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131). 18 SEC. 8031. During the current fiscal year, appropria- 19 tions which are available to the Department of Defense 20 for operation and maintenance may be used to purchase 21 items having an investment item unit cost of not more 22 than $250,000. 23 SEC. 8032. None of the funds made available by this 24 Act may be used to— March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 305 1 (1) disestablish, or prepare to disestablish, a 2 Senior Reserve Officers’ Training Corps program in 3 accordance with Department of Defense Instruction 4 Number 1215.08, dated June 26, 2006; or 5 (2) close, downgrade from host to extension 6 center, or place on probation a Senior Reserve Offi- 7 cers’ Training Corps program in accordance with the 8 information paper of the Department of the Army 9 titled ‘‘Army Senior Reserve Officer’s Training 10 Corps (SROTC) Program Review and Criteria’’, 11 dated January 27, 2014. 12 SEC. 8033. The Secretary of Defense shall issue reg- 13 ulations to prohibit the sale of any tobacco or tobacco14 related products in military resale outlets in the United 15 States, its territories and possessions at a price below the 16 most competitive price in the local community: Provided, 17 That such regulations shall direct that the prices of to18 bacco or tobacco-related products in overseas military re19 tail outlets shall be within the range of prices established 20 for military retail system stores located in the United 21 States. 22 SEC. 8034. (a) During the current fiscal year, none 23 of the appropriations or funds available to the Department 24 of Defense Working Capital Funds shall be used for the 25 purchase of an investment item for the purpose of acquir- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 306 1 ing a new inventory item for sale or anticipated sale dur2 ing the current fiscal year or a subsequent fiscal year to 3 customers of the Department of Defense Working Capital 4 Funds if such an item would not have been chargeable 5 to the Department of Defense Business Operations Fund 6 during fiscal year 1994 and if the purchase of such an 7 investment item would be chargeable during the current 8 fiscal year to appropriations made to the Department of 9 Defense for procurement. 10 (b) The fiscal year 2019 budget request for the De- 11 partment of Defense as well as all justification material 12 and other documentation supporting the fiscal year 2019 13 Department of Defense budget shall be prepared and sub14 mitted to the Congress on the basis that any equipment 15 which was classified as an end item and funded in a pro16 curement appropriation contained in this Act shall be 17 budgeted for in a proposed fiscal year 2019 procurement 18 appropriation and not in the supply management business 19 area or any other area or category of the Department of 20 Defense Working Capital Funds. 21 SEC. 8035. None of the funds appropriated by this 22 Act for programs of the Central Intelligence Agency shall 23 remain available for obligation beyond the current fiscal 24 year, except for funds appropriated for the Reserve for 25 Contingencies, which shall remain available until Sep- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 307 1 tember 30, 2019: Provided, That funds appropriated, 2 transferred, or otherwise credited to the Central Intel3 ligence Agency Central Services Working Capital Fund 4 during this or any prior or subsequent fiscal year shall 5 remain available until expended: Provided further, That 6 any funds appropriated or transferred to the Central Intel7 ligence Agency for advanced research and development ac8 quisition, for agent operations, and for covert action pro9 grams authorized by the President under section 503 of 10 the National Security Act of 1947 (50 U.S.C. 3093) shall 11 remain available until September 30, 2019. 12 SEC. 8036. Up to $10,322,000 of the funds appro- 13 priated under the heading ‘‘Operation and Maintenance, 14 Navy’’ may be made available for the Asia Pacific Re15 gional Initiative Program for the purpose of enabling the 16 Pacific Command to execute Theater Security Cooperation 17 activities such as humanitarian assistance, and payment 18 of incremental and personnel costs of training and exer19 cising with foreign security forces: Provided, That funds 20 made available for this purpose may be used, notwith21 standing any other funding authorities for humanitarian 22 assistance, security assistance or combined exercise ex23 penses: Provided further, That funds may not be obligated 24 to provide assistance to any foreign country that is other- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 308 1 wise prohibited from receiving such type of assistance 2 under any other provision of law. 3 SEC. 8037. Of the funds appropriated to the Depart- 4 ment of Defense under the heading ‘‘Operation and Main5 tenance, Defense-Wide’’, not less than $12,000,000 shall 6 be made available only for the mitigation of environmental 7 impacts, including training and technical assistance to 8 tribes, related administrative support, the gathering of in9 formation, documenting of environmental damage, and de10 veloping a system for prioritization of mitigation and cost 11 to complete estimates for mitigation, on Indian lands re12 sulting from Department of Defense activities. 13 SEC. 8038. (a) None of the funds appropriated in this 14 Act may be expended by an entity of the Department of 15 Defense unless the entity, in expending the funds, com16 plies with the Buy American Act. For purposes of this 17 subsection, the term ‘‘Buy American Act’’ means chapter 18 83 of title 41, United States Code. 19 (b) If the Secretary of Defense determines that a per- 20 son has been convicted of intentionally affixing a label 21 bearing a ‘‘Made in America’’ inscription to any product 22 sold in or shipped to the United States that is not made 23 in America, the Secretary shall determine, in accordance 24 with section 2410f of title 10, United States Code, wheth- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 309 1 er the person should be debarred from contracting with 2 the Department of Defense. 3 (c) In the case of any equipment or products pur- 4 chased with appropriations provided under this Act, it is 5 the sense of the Congress that any entity of the Depart6 ment of Defense, in expending the appropriation, purchase 7 only American-made equipment and products, provided 8 that American-made equipment and products are cost9 competitive, quality competitive, and available in a timely 10 fashion. 11 SEC. 8039. (a) Except as provided in subsections (b) 12 and (c), none of the funds made available by this Act may 13 be used— 14 (1) to establish a field operating agency; or 15 (2) to pay the basic pay of a member of the 16 Armed Forces or civilian employee of the depart- 17 ment who is transferred or reassigned from a head- 18 quarters activity if the member or employee’s place 19 of duty remains at the location of that headquarters. 20 (b) The Secretary of Defense or Secretary of a mili- 21 tary department may waive the limitations in subsection 22 (a), on a case-by-case basis, if the Secretary determines, 23 and certifies to the Committees on Appropriations of the 24 House of Representatives and the Senate that the grant- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 310 1 ing of the waiver will reduce the personnel requirements 2 or the financial requirements of the department. 3 (c) This section does not apply to— 4 5 (1) field operating agencies funded within the National Intelligence Program; 6 (2) an Army field operating agency established 7 to eliminate, mitigate, or counter the effects of im- 8 provised explosive devices, and, as determined by the 9 Secretary of the Army, other similar threats; 10 (3) an Army field operating agency established 11 to improve the effectiveness and efficiencies of bio- 12 metric activities and to integrate common biometric 13 technologies throughout the Department of Defense; 14 or 15 (4) an Air Force field operating agency estab- 16 lished to administer the Air Force Mortuary Affairs 17 Program and Mortuary Operations for the Depart- 18 ment of Defense and authorized Federal entities. 19 SEC. 8040. (a) None of the funds appropriated by 20 this Act shall be available to convert to contractor per21 formance an activity or function of the Department of De22 fense that, on or after the date of the enactment of this 23 Act, is performed by Department of Defense civilian em24 ployees unless— March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 311 1 (1) the conversion is based on the result of a 2 public-private competition that includes a most effi- 3 cient and cost effective organization plan developed 4 by such activity or function; 5 (2) the Competitive Sourcing Official deter- 6 mines that, over all performance periods stated in 7 the solicitation of offers for performance of the ac- 8 tivity or function, the cost of performance of the ac- 9 tivity or function by a contractor would be less costly 10 to the Department of Defense by an amount that 11 equals or exceeds the lesser of— 12 (A) 10 percent of the most efficient organi- 13 zation’s personnel-related costs for performance 14 of that activity or function by Federal employ- 15 ees; or 16 (B) $10,000,000; and 17 (3) the contractor does not receive an advan- 18 tage for a proposal that would reduce costs for the 19 Department of Defense by— 20 (A) not making an employer-sponsored 21 health insurance plan available to the workers 22 who are to be employed in the performance of 23 that activity or function under the contract; or 24 (B) offering to such workers an employer- 25 sponsored health benefits plan that requires the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 312 1 employer to contribute less towards the pre- 2 mium or subscription share than the amount 3 that is paid by the Department of Defense for 4 health benefits for civilian employees under 5 chapter 89 of title 5, United States Code. 6 (b)(1) The Department of Defense, without regard 7 to subsection (a) of this section or subsection (a), (b), or 8 (c) of section 2461 of title 10, United States Code, and 9 notwithstanding any administrative regulation, require10 ment, or policy to the contrary shall have full authority 11 to enter into a contract for the performance of any com12 mercial or industrial type function of the Department of 13 Defense that— 14 (A) is included on the procurement list estab- 15 lished pursuant to section 2 of the Javits-Wagner- 16 O’Day Act (section 8503 of title 41, United States 17 Code); 18 (B) is planned to be converted to performance 19 by a qualified nonprofit agency for the blind or by 20 a qualified nonprofit agency for other severely handi- 21 capped individuals in accordance with that Act; or 22 (C) is planned to be converted to performance 23 by a qualified firm under at least 51 percent owner- 24 ship by an Indian tribe, as defined in section 4(e) 25 of the Indian Self-Determination and Education As- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 313 1 sistance Act (25 U.S.C. 450b(e)), or a Native Ha- 2 waiian Organization, as defined in section 8(a)(15) 3 of the Small Business Act (15 U.S.C. 637(a)(15)). 4 (2) This section shall not apply to depot contracts 5 or contracts for depot maintenance as provided in sections 6 2469 and 2474 of title 10, United States Code. 7 (c) The conversion of any activity or function of the 8 Department of Defense under the authority provided by 9 this section shall be credited toward any competitive or 10 outsourcing goal, target, or measurement that may be es11 tablished by statute, regulation, or policy and is deemed 12 to be awarded under the authority of, and in compliance 13 with, subsection (h) of section 2304 of title 10, United 14 States Code, for the competition or outsourcing of com15 mercial activities. 16 17 (RESCISSIONS) SEC. 8041. Of the funds appropriated in Department 18 of Defense Appropriations Acts, the following funds are 19 hereby rescinded from the following accounts and pro20 grams in the specified amounts: Provided, That no 21 amounts may be rescinded from amounts that were des22 ignated by the Congress for Overseas Contingency Oper23 ations/Global War on Terrorism or as an emergency re24 quirement pursuant to the Concurrent Resolution on the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 314 1 Budget or the Balanced Budget and Emergency Deficit 2 Control Act of 1985, as amended: 3 ‘‘Other 4 $5,517,000; 5 ‘‘Aircraft 6 $172,000,000; 7 8 9 Procurement, Procurement, ‘‘Procurement, ‘‘Missile 14 $19,319,000; 18 19 20 21 22 23 24 March 21, 2018 (6:08 p.m.) Defense-wide’’, 2016/2018, $7,264,000; 13 17 2016/2018, ‘‘Procurement of Ammunition, Air Force’’, 11 16 Navy’’, $56,900,000; 2016/2018, $5,000,000; 15 2016/2018, ‘‘Aircraft Procurement, Air Force’’, 2016/2018, 10 12 Army’’, Procurement, Army’’, 2017/2019, ‘‘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, Navy’’, 2017/2019, $12,535,000; ‘‘Aircraft $45,900,000; Procurement, U:\2018REPT\OMNI\Final\RCP—FM.xml 315 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ‘‘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, Develop- 22 ment, 23 $30,000,000. 24 SEC. 8042. None of the funds available in this Act Test and Evaluation’’, 2017/2018, 25 may be used to reduce the authorized positions for mili- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 316 1 tary technicians (dual status) of the Army National 2 Guard, Air National Guard, Army Reserve and Air Force 3 Reserve for the purpose of applying any administratively 4 imposed civilian personnel ceiling, freeze, or reduction on 5 military technicians (dual status), unless such reductions 6 are a direct result of a reduction in military force struc7 ture. 8 SEC. 8043. None of the funds appropriated or other- 9 wise made available in this Act may be obligated or ex10 pended for assistance to the Democratic People’s Republic 11 of Korea unless specifically appropriated for that purpose. 12 SEC. 8044. Funds appropriated in this Act for oper- 13 ation and maintenance of the Military Departments, Com14 batant Commands and Defense Agencies shall be available 15 for reimbursement of pay, allowances and other expenses 16 which would otherwise be incurred against appropriations 17 for the National Guard and Reserve when members of the 18 National Guard and Reserve provide intelligence or coun19 terintelligence support to Combatant Commands, Defense 20 Agencies and Joint Intelligence Activities, including the 21 activities and programs included within the National Intel22 ligence Program and the Military Intelligence Program: 23 Provided, That nothing in this section authorizes deviation 24 from established Reserve and National Guard personnel 25 and training procedures. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 317 1 SEC. 8045. (a) None of the funds available to the 2 Department of Defense for any fiscal year for drug inter3 diction or counter-drug activities may be transferred to 4 any other department or agency of the United States ex5 cept as specifically provided in an appropriations law. 6 (b) None of the funds available to the Central Intel- 7 ligence Agency for any fiscal year for drug interdiction or 8 counter-drug activities may be transferred to any other de9 partment or agency of the United States except as specifi10 cally provided in an appropriations law. 11 SEC. 8046. None of the funds appropriated by this 12 Act may be used for the procurement of ball and roller 13 bearings other than those produced by a domestic source 14 and of domestic origin: Provided, That the Secretary of 15 the military department responsible for such procurement 16 may waive this restriction on a case-by-case basis by certi17 fying in writing to the Committees on Appropriations of 18 the House of Representatives and the Senate, that ade19 quate domestic supplies are not available to meet Depart20 ment of Defense requirements on a timely basis and that 21 such an acquisition must be made in order to acquire ca22 pability for national security purposes: Provided further, 23 That this restriction shall not apply to the purchase of 24 ‘‘commercial items’’, as defined by section 103 of title 41, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 318 1 United States Code, except that the restriction shall apply 2 to ball or roller bearings purchased as end items. 3 SEC. 8047. Of the amounts appropriated for ‘‘Work- 4 ing Capital Fund, Army’’, $99,000,000 shall be available 5 to maintain competitive rates at the arsenals. 6 SEC. 8048. None of the funds made available by this 7 Act for Evolved Expendable Launch Vehicle service com8 petitive procurements may be used unless the competitive 9 procurements are open for award to all certified providers 10 of Evolved Expendable Launch Vehicle-class systems: Pro11 vided, That the award shall be made to the provider that 12 offers the best value to the government. 13 SEC. 8049. In addition to the amounts appropriated 14 or otherwise made available elsewhere in this Act, 15 $44,000,000 is hereby appropriated to the Department of 16 Defense: Provided, That upon the determination of the 17 Secretary of Defense that it shall serve the national inter18 est, the Secretary shall make grants in the amounts speci19 fied as follows: $20,000,000 to the United Service Organi20 zations and $24,000,000 to the Red Cross. 21 SEC. 8050. None of the funds in this Act may be 22 used to purchase any supercomputer which is not manu23 factured in the United States, unless the Secretary of De24 fense certifies to the congressional defense committees 25 that such an acquisition must be made in order to acquire March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 319 1 capability for national security purposes that is not avail2 able from United States manufacturers. 3 SEC. 8051. Notwithstanding any other provision in 4 this Act, the Small Business Innovation Research program 5 and the Small Business Technology Transfer program set6 asides shall be taken proportionally from all programs, 7 projects, or activities to the extent they contribute to the 8 extramural budget. 9 SEC. 8052. None of the funds available to the De- 10 partment of Defense under this Act shall be obligated or 11 expended to pay a contractor under a contract with the 12 Department of Defense for costs of any amount paid by 13 the contractor to an employee when— 14 (1) such costs are for a bonus or otherwise in 15 excess of the normal salary paid by the contractor 16 to the employee; and 17 18 19 20 (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 21 than $30,000,000 of appropriations made in this Act 22 under the heading ‘‘Operation and Maintenance, Defense23 Wide’’ may be transferred to appropriations available for 24 the pay of military personnel, to be merged with, and to 25 be available for the same time period as the appropriations March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 320 1 to which transferred, to be used in support of such per2 sonnel in connection with support and services for eligible 3 organizations and activities outside the Department of De4 fense pursuant to section 2012 of title 10, United States 5 Code. 6 SEC. 8054. During the current fiscal year, in the case 7 of an appropriation account of the Department of Defense 8 for which the period of availability for obligation has ex9 pired or which has closed under the provisions of section 10 1552 of title 31, United States Code, and which has a 11 negative unliquidated or unexpended balance, an obliga12 tion or an adjustment of an obligation may be charged 13 to any current appropriation account for the same purpose 14 as the expired or closed account if— 15 (1) the obligation would have been properly 16 chargeable (except as to amount) to the expired or 17 closed account before the end of the period of avail- 18 ability or closing of that account; 19 (2) the obligation is not otherwise properly 20 chargeable to any current appropriation account of 21 the Department of Defense; and 22 (3) in the case of an expired account, the obli- 23 gation is not chargeable to a current appropriation 24 of the Department of Defense under the provisions 25 of section 1405(b)(8) of the National Defense Au- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 321 1 thorization Act for Fiscal Year 1991, Public Law 2 101–510, as amended (31 U.S.C. 1551 note): Pro- 3 vided, That in the case of an expired account, if sub- 4 sequent review or investigation discloses that there 5 was not in fact a negative unliquidated or unex- 6 pended balance in the account, any charge to a cur- 7 rent account under the authority of this section shall 8 be reversed and recorded against the expired ac- 9 count: Provided further, That the total amount 10 charged to a current appropriation under this sec- 11 tion may not exceed an amount equal to 1 percent 12 of the total appropriation for that account. 13 SEC. 8055. (a) Notwithstanding any other provision 14 of law, the Chief of the National Guard Bureau may per15 mit the use of equipment of the National Guard Distance 16 Learning Project by any person or entity on a space-avail17 able, reimbursable basis. The Chief of the National Guard 18 Bureau shall establish the amount of reimbursement for 19 such use on a case-by-case basis. 20 (b) Amounts collected under subsection (a) shall be 21 credited to funds available for the National Guard Dis22 tance Learning Project and be available to defray the costs 23 associated with the use of equipment of the project under 24 that subsection. Such funds shall be available for such 25 purposes without fiscal year limitation. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 322 1 SEC. 8056. None of the funds available to the De- 2 partment of Defense may be obligated to modify command 3 and control relationships to give Fleet Forces Command 4 operational and administrative control of United States 5 Navy forces assigned to the Pacific fleet: Provided, That 6 the command and control relationships which existed on 7 October 1, 2004, shall remain in force until a written 8 modification has been proposed to the House and Senate 9 Appropriations Committees: Provided further, That the 10 proposed modification may be implemented 30 days after 11 the notification unless an objection is received from either 12 the House or Senate Appropriations Committees: Provided 13 further, That any proposed modification shall not preclude 14 the ability of the commander of United States Pacific 15 Command to meet operational requirements. 16 17 (INCLUDING TRANSFER OF FUNDS) SEC. 8057. Of the funds appropriated in this Act 18 under the heading ‘‘Operation and Maintenance, Defense19 wide’’, $35,000,000 shall be for continued implementation 20 and expansion of the Sexual Assault Special Victims’ 21 Counsel Program: Provided, That the funds are made 22 available for transfer to the Department of the Army, the 23 Department of the Navy, and the Department of the Air 24 Force: Provided further, That funds transferred shall be 25 merged with and available for the same purposes and for March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 323 1 the same time period as the appropriations to which the 2 funds are transferred: Provided further, That this transfer 3 authority is in addition to any other transfer authority 4 provided in this Act. 5 SEC. 8058. None of the funds appropriated in title 6 IV of this Act may be used to procure end-items for deliv7 ery to military forces for operational training, operational 8 use or inventory requirements: Provided, That this restric9 tion does not apply to end-items used in development, 10 prototyping, and test activities preceding and leading to 11 acceptance for operational use: Provided further, That the 12 Secretary of Defense shall, not later than 60 days after 13 enactment of this Act, submit a report detailing the use 14 of funds requested in research, development, test and eval15 uation accounts for end-items used in development, proto16 typing and test activities preceding and leading to accept17 ance for operational use: Provided further, That this re18 striction does not apply to programs funded within the 19 National Intelligence Program: Provided further, That the 20 Secretary of Defense may waive this restriction on a case21 by-case basis by certifying in writing to the Committees 22 on Appropriations of the House of Representatives and the 23 Senate that it is in the national security interest to do 24 so. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 324 1 SEC. 8059. (a) The Secretary of Defense may, on a 2 case-by-case basis, waive with respect to a foreign country 3 each limitation on the procurement of defense items from 4 foreign sources provided in law if the Secretary determines 5 that the application of the limitation with respect to that 6 country would invalidate cooperative programs entered 7 into between the Department of Defense and the foreign 8 country, or would invalidate reciprocal trade agreements 9 for the procurement of defense items entered into under 10 section 2531 of title 10, United States Code, and the 11 country does not discriminate against the same or similar 12 defense items produced in the United States for that coun13 try. 14 (b) Subsection (a) applies with respect to— 15 (1) contracts and subcontracts entered into on 16 or after the date of the enactment of this Act; and 17 (2) options for the procurement of items that 18 are exercised after such date under contracts that 19 are entered into before such date if the option prices 20 are adjusted for any reason other than the applica- 21 tion of a waiver granted under subsection (a). 22 (c) Subsection (a) does not apply to a limitation re- 23 garding construction of public vessels, ball and roller bear24 ings, food, and clothing or textile materials as defined by 25 section XI (chapters 50–65) of the Harmonized Tariff March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 325 1 Schedule of the United States and products classified 2 under headings 4010, 4202, 4203, 6401 through 6406, 3 6505, 7019, 7218 through 7229, 7304.41 through 4 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 5 8211, 8215, and 9404. 6 SEC. 8060. None of the funds appropriated or other- 7 wise made available by this or other Department of De8 fense Appropriations Acts may be obligated or expended 9 for the purpose of performing repairs or maintenance to 10 military family housing units of the Department of De11 fense, including areas in such military family housing 12 units that may be used for the purpose of conducting offi13 cial Department of Defense business. 14 15 (INCLUDING TRANSFER OF FUNDS) SEC. 8061. Of the amounts appropriated for ‘‘Oper- 16 ation and Maintenance, Navy’’, up to $1,000,000 shall be 17 available for transfer to the John C. Stennis Center for 18 Public Service Development Trust Fund established under 19 section 116 of the John C. Stennis Center for Public Serv20 ice Training and Development Act (2 U.S.C. 1105). 21 SEC. 8062. Notwithstanding any other provision of 22 law, funds appropriated in this Act under the heading 23 ‘‘Research, Development, Test and Evaluation, Defense24 Wide’’ for any new start advanced concept technology 25 demonstration project or joint capability demonstration March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 326 1 project may only be obligated 45 days after a report, in2 cluding a description of the project, the planned acquisi3 tion and transition strategy and its estimated annual and 4 total cost, has been provided in writing to the congres5 sional defense committees: Provided, That the Secretary 6 of Defense may waive this restriction on a case-by-case 7 basis by certifying to the congressional defense committees 8 that it is in the national interest to do so. 9 SEC. 8063. The Secretary of Defense shall continue 10 to provide a classified quarterly report to the House and 11 Senate Appropriations Committees, Subcommittees on 12 Defense on certain matters as directed in the classified 13 annex accompanying this Act. 14 SEC. 8064. Notwithstanding section 12310(b) of title 15 10, United States Code, a Reserve who is a member of 16 the National Guard serving on full-time National Guard 17 duty under section 502(f) of title 32, United States Code, 18 may perform duties in support of the ground-based ele19 ments of the National Ballistic Missile Defense System. 20 SEC. 8065. None of the funds provided in this Act 21 may be used to transfer to any nongovernmental entity 22 ammunition held by the Department of Defense that has 23 a center-fire cartridge and a United States military no24 menclature designation of ‘‘armor penetrator’’, ‘‘armor 25 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 327 1 ‘‘armor-piercing incendiary tracer (API–T)’’, except to an 2 entity performing demilitarization services for the Depart3 ment of Defense under a contract that requires the entity 4 to demonstrate to the satisfaction of the Department of 5 Defense that armor piercing projectiles are either: (1) ren6 dered incapable of reuse by the demilitarization process; 7 or (2) used to manufacture ammunition pursuant to a con8 tract with the Department of Defense or the manufacture 9 of ammunition for export pursuant to a License for Per10 manent Export of Unclassified Military Articles issued by 11 the Department of State. 12 SEC. 8066. Notwithstanding any other provision of 13 law, the Chief of the National Guard Bureau, or his des14 ignee, may waive payment of all or part of the consider15 ation that otherwise would be required under section 2667 16 of title 10, United States Code, in the case of a lease of 17 personal property for a period not in excess of 1 year to 18 any organization specified in section 508(d) of title 32, 19 United States Code, or any other youth, social, or fra20 ternal nonprofit organization as may be approved by the 21 Chief of the National Guard Bureau, or his designee, on 22 a case-by-case basis. 23 24 (INCLUDING TRANSFER OF FUNDS) SEC. 8067. Of the amounts appropriated in this Act 25 under the heading ‘‘Operation and Maintenance, Army’’, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 328 1 $66,881,780 shall remain available until expended: Pro2 vided, That, notwithstanding any other provision of law, 3 the Secretary of Defense is authorized to transfer such 4 funds to other activities of the Federal Government: Pro5 vided further, That the Secretary of Defense is authorized 6 to enter into and carry out contracts for the acquisition 7 of real property, construction, personal services, and oper8 ations related to projects carrying out the purposes of this 9 section: Provided further, That contracts entered into 10 under the authority of this section may provide for such 11 indemnification as the Secretary determines to be nec12 essary: Provided further, That projects authorized by this 13 section shall comply with applicable Federal, State, and 14 local law to the maximum extent consistent with the na15 tional security, as determined by the Secretary of Defense. 16 SEC. 8068. (a) None of the funds appropriated in this 17 or any other Act may be used to take any action to mod18 ify— 19 (1) the appropriations account structure for the 20 National Intelligence Program budget, including 21 through the creation of a new appropriation or new 22 appropriation account; 23 (2) how the National Intelligence Program 24 budget request is presented in the unclassified P–1, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 329 1 R–1, and O–1 documents supporting the Depart- 2 ment of Defense budget request; 3 (3) the process by which the National Intel- 4 ligence Program appropriations are apportioned to 5 the executing agencies; or 6 (4) the process by which the National Intel- 7 ligence Program appropriations are allotted, obli- 8 gated and disbursed. 9 (b) Nothing in section (a) shall be construed to pro- 10 hibit the merger of programs or changes to the National 11 Intelligence Program budget at or below the Expenditure 12 Center level, provided such change is otherwise in accord13 ance with paragraphs (a)(1)–(3). 14 (c) The Director of National Intelligence and the Sec- 15 retary of Defense may jointly, only for the purposes of 16 achieving auditable financial statements and improving 17 fiscal reporting, study and develop detailed proposals for 18 alternative financial management processes. Such study 19 shall include a comprehensive counterintelligence risk as20 sessment to ensure that none of the alternative processes 21 will adversely affect counterintelligence. 22 (d) Upon development of the detailed proposals de- 23 fined under subsection (c), the Director of National Intel24 ligence and the Secretary of Defense shall— March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 330 1 2 (1) provide the proposed alternatives to all affected agencies; 3 (2) receive certification from all affected agen- 4 cies attesting that the proposed alternatives will help 5 achieve auditability, improve fiscal reporting, and 6 will not adversely affect counterintelligence; and 7 (3) not later than 30 days after receiving all 8 necessary certifications under paragraph (2), present 9 the proposed alternatives and certifications to the 10 congressional defense and intelligence committees. 11 SEC. 8069. In addition to amounts provided else- 12 where in this Act, $10,000,000 is hereby appropriated to 13 the Department of Defense, to remain available for obliga14 tion until expended: Provided, That notwithstanding any 15 other provision of law, that upon the determination of the 16 Secretary of Defense that it shall serve the national inter17 est, these funds shall be available only for a grant to the 18 Fisher House Foundation, Inc., only for the construction 19 and furnishing of additional Fisher Houses to meet the 20 needs of military family members when confronted with 21 the illness or hospitalization of an eligible military bene22 ficiary. 23 SEC. 8070. Any notice that is required to be sub- 24 mitted to the Committees on Appropriations of the Senate 25 and the House of Representatives under section 806(c)(4) March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 331 1 of the Bob Stump National Defense Authorization Act for 2 Fiscal Year 2003 (10 U.S.C. 2302 note) after the date 3 of the enactment of this Act shall be submitted pursuant 4 to that requirement concurrently to the Subcommittees on 5 Defense of the Committees on Appropriations of the Sen6 ate and the House of Representatives. 7 8 (INCLUDING TRANSFER OF FUNDS) SEC. 8071. Of the amounts appropriated in this Act 9 under the headings ‘‘Procurement, Defense-Wide’’ and 10 ‘‘Research, Development, Test and Evaluation, Defense11 Wide’’, $705,800,000 shall be for the Israeli Cooperative 12 Programs: Provided, That of this amount, $92,000,000 13 shall be for the Secretary of Defense to provide to the Gov14 ernment of Israel for the procurement of the Iron Dome 15 defense system to counter short-range rocket threats, sub16 ject to the U.S.-Israel Iron Dome Procurement Agree17 ment, as amended; $221,500,000 shall be for the Short 18 Range Ballistic Missile Defense (SRBMD) program, in19 cluding cruise missile defense research and development 20 under the SRBMD program, of which $120,000,000 shall 21 be for co-production activities of SRBMD systems in the 22 United States and in Israel to meet Israel’s defense re23 quirements consistent with each nation’s laws, regulations, 24 and procedures, subject to the U.S.-Israeli co-production 25 agreement for SRBMD, as amended; $310,000,000 shall March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 332 1 be for an upper-tier component to the Israeli Missile De2 fense Architecture, of which $120,000,000 shall be for co3 production activities of Arrow 3 Upper Tier systems in 4 the United States and in Israel to meet Israel’s defense 5 requirements consistent with each nation’s laws, regula6 tions, and procedures, subject to the U.S.-Israeli co-pro7 duction agreement for Arrow 3 Upper Tier, as amended, 8 of which $105,000,000 shall be for testing of the upper9 tier component to the Israeli Missile Defense Architecture 10 in the United States; and $82,300,000 shall be for the 11 Arrow System Improvement Program including develop12 ment of a long range, ground and airborne, detection 13 suite: Provided further, That the transfer authority pro14 vided under this provision is in addition to any other 15 transfer authority contained in this Act. 16 17 (INCLUDING TRANSFER OF FUNDS) SEC. 8072. Of the amounts appropriated in this Act 18 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 19 $117,542,000 shall be available until September 30, 2018, 20 to fund prior year shipbuilding cost increases: Provided, 21 That upon enactment of this Act, the Secretary of the 22 Navy shall transfer funds to the following appropriations 23 in the amounts specified: Provided further, That the 24 amounts transferred shall be merged with and be available March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 333 1 for the same purposes as the appropriations to which 2 transferred to: 3 (1) Under the heading ‘‘Shipbuilding and Con- 4 version, Navy’’, 2008/2018: Carrier Replacement 5 Program $20,000,000; 6 (2) Under the heading ‘‘Shipbuilding and Con- 7 version, Navy’’, 2012/2018: DDG–51 Destroyer 8 $19,436,000; 9 (3) Under the heading ‘‘Shipbuilding and Con- 10 version, Navy’’, 2012/2018: Littoral Combat Ship 11 $6,394,000; 12 (4) Under the heading ‘‘Shipbuilding and Con- 13 version, Navy’’, 2012/2018: LHA Replacement 14 $14,200,000; 15 (5) Under the heading ‘‘Shipbuilding and Con- 16 version, Navy’’, 2013/2018: DDG–51 Destroyer 17 $31,941,000; 18 (6) Under the heading ‘‘Shipbuilding and Con- 19 version, Navy’’, 2014/2018: Litoral Combat Ship 20 $20,471,000; and 21 (7) Under the heading ‘‘Shipbuilding and Con- 22 version, Navy’’, 2015/2018: LCAC $5,100,000. 23 SEC. 8073. Funds appropriated by this Act, or made 24 available by the transfer of funds in this Act, for intel25 ligence activities are deemed to be specifically authorized March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 334 1 by the Congress for purposes of section 504 of the Na2 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 3 year 2018 until the enactment of the Intelligence Author4 ization Act for Fiscal Year 2018. 5 SEC. 8074. None of the funds provided in this Act 6 shall be available for obligation or expenditure through a 7 reprogramming of funds that creates or initiates a new 8 program, project, or activity unless such program, project, 9 or activity must be undertaken immediately in the interest 10 of national security and only after written prior notifica11 tion to the congressional defense committees. 12 SEC. 8075. The budget of the President for fiscal 13 year 2019 submitted to the Congress pursuant to section 14 1105 of title 31, United States Code, shall include sepa15 rate budget justification documents for costs of United 16 States Armed Forces’ participation in contingency oper17 ations for the Military Personnel accounts, the Operation 18 and Maintenance accounts, the Procurement accounts, 19 and the Research, Development, Test and Evaluation ac20 counts: Provided, That these documents shall include a de21 scription of the funding requested for each contingency op22 eration, for each military service, to include all Active and 23 Reserve components, and for each appropriations account: 24 Provided further, That these documents shall include esti25 mated costs for each element of expense or object class, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 335 1 a reconciliation of increases and decreases for each contin2 gency operation, and programmatic data including, but 3 not limited to, troop strength for each Active and Reserve 4 component, and estimates of the major weapons systems 5 deployed in support of each contingency: Provided further, 6 That these documents shall include budget exhibits OP– 7 5 and OP–32 (as defined in the Department of Defense 8 Financial Management Regulation) for all contingency op9 erations for the budget year and the two preceding fiscal 10 years. 11 SEC. 8076. None of the funds in this Act may be 12 used for research, development, test, evaluation, procure13 ment or deployment of nuclear armed interceptors of a 14 missile defense system. 15 SEC. 8077. Notwithstanding any other provision of 16 this Act, to reflect savings due to favorable foreign ex17 change rates, the total amount appropriated in this Act 18 is hereby reduced by $4,000,000. 19 SEC. 8078. The Secretary of Defense may use up to 20 $800,000,000 of the amounts appropriated or otherwise 21 made available in this Act to the Department of Defense 22 for the rapid acquisition and deployment of supplies and 23 associated support services pursuant to section 806 of the 24 Bob Stump National Defense Authorization Act for Fiscal 25 Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note): March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 336 1 Provided, That the Secretary of Defense shall notify the 2 congressional defense committees promptly of all uses of 3 this authority. 4 SEC. 8079. None of the funds appropriated or made 5 available in this Act shall be used to reduce or disestablish 6 the operation of the 53rd Weather Reconnaissance Squad7 ron of the Air Force Reserve, if such action would reduce 8 the WC–130 Weather Reconnaissance mission below the 9 levels funded in this Act: Provided, That the Air Force 10 shall allow the 53rd Weather Reconnaissance Squadron to 11 perform other missions in support of national defense re12 quirements during the non-hurricane season. 13 SEC. 8080. None of the funds provided in this Act 14 shall be available for integration of foreign intelligence in15 formation unless the information has been lawfully col16 lected and processed during the conduct of authorized for17 eign intelligence activities: Provided, That information 18 pertaining to United States persons shall only be handled 19 in accordance with protections provided in the Fourth 20 Amendment of the United States Constitution as imple21 mented through Executive Order No. 12333. 22 SEC. 8081. (a) None of the funds appropriated by 23 this Act may be used to transfer research and develop24 ment, acquisition, or other program authority relating to March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 337 1 current tactical unmanned aerial vehicles (TUAVs) from 2 the Army. 3 (b) The Army shall retain responsibility for and oper- 4 ational control of the MQ–1C Gray Eagle Unmanned Aer5 ial Vehicle (UAV) in order to support the Secretary of De6 fense in matters relating to the employment of unmanned 7 aerial vehicles. 8 SEC. 8082. None of the funds appropriated by this 9 Act for programs of the Office of the Director of National 10 Intelligence shall remain available for obligation beyond 11 the current fiscal year, except for funds appropriated for 12 research and technology, which shall remain available until 13 September 30, 2019. 14 SEC. 8083. For purposes of section 1553(b) of title 15 31, United States Code, any subdivision of appropriations 16 made in this Act under the heading ‘‘Shipbuilding and 17 Conversion, Navy’’ shall be considered to be for the same 18 purpose as any subdivision under the heading ‘‘Ship19 building and Conversion, Navy’’ appropriations in any 20 prior fiscal year, and the 1 percent limitation shall apply 21 to the total amount of the appropriation. 22 SEC. 8084. (a) Not later than 60 days after the date 23 of enactment of this Act, the Director of National Intel24 ligence shall submit a report to the congressional intel25 ligence committees to establish the baseline for application March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 338 1 of reprogramming and transfer authorities for fiscal year 2 2018: Provided, That the report shall include— 3 (1) a table for each appropriation with a sepa- 4 rate column to display the President’s budget re- 5 quest, adjustments made by Congress, adjustments 6 due to enacted rescissions, if appropriate, and the 7 fiscal year enacted level; 8 9 10 (2) a delineation in the table for each appropriation by Expenditure Center and project; and (3) an identification of items of special congres- 11 sional interest. 12 (b) None of the funds provided for the National Intel- 13 ligence Program in this Act shall be available for re14 programming or transfer until the report identified in sub15 section (a) is submitted to the congressional intelligence 16 committees, unless the Director of National Intelligence 17 certifies in writing to the congressional intelligence com18 mittees that such reprogramming or transfer is necessary 19 as an emergency requirement. 20 SEC. 8085. None of the funds made available by this 21 Act may be used to eliminate, restructure, or realign Army 22 Contracting Command—New Jersey or make dispropor23 tionate personnel reductions at any Army Contracting 24 Command—New Jersey sites without 30-day prior notifi25 cation to the congressional defense committees. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 339 1 SEC. 8086. Notwithstanding any other provision of 2 law, any transfer of funds, appropriated or otherwise made 3 available by this Act, for support to friendly foreign coun4 tries in connection with the conduct of operations in which 5 the United States is not participating, pursuant to section 6 331(d) Title 10 U.S.C. shall be made in accordance with 7 sections 8005 or 9002 of this Act, as applicable. 8 SEC. 8087. Any transfer of amounts appropriated to, 9 credited to, or deposited in the Department of Defense Ac10 quisition Workforce Development Fund in or for fiscal 11 year 2018 to a military department or Defense Agency 12 pursuant to section 1705(e)(1) of title 10, United States 13 Code, shall be covered by and subject to sections 8005 or 14 9002 of this Act, as applicable. 15 SEC. 8088. None of the funds made available by this 16 Act for excess defense articles, assistance under section 17 333 of title 10, United States Code, or peacekeeping oper18 ations for the countries designated annually to be in viola19 tion of the standards of the Child Soldiers Prevention Act 20 of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may 21 be used to support any military training or operation that 22 includes child soldiers, as defined by the Child Soldiers 23 Prevention Act of 2008, unless such assistance is other24 wise permitted under section 404 of the Child Soldiers 25 Prevention Act of 2008. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 340 1 SEC. 8089. (a) None of the funds provided for the 2 National Intelligence Program in this or any prior appro3 priations Act shall be available for obligation or expendi4 ture through a reprogramming or transfer of funds in ac5 cordance with section 102A(d) of the National Security 6 Act of 1947 (50 U.S.C. 3024(d)) that— 7 (1) creates a new start effort; 8 (2) terminates a program with appropriated 9 10 11 12 funding of $10,000,000 or more; (3) transfers funding into or out of the National Intelligence Program; or (4) transfers funding between appropriations, 13 unless the congressional intelligence committees are noti14 fied 30 days in advance of such reprogramming of funds; 15 this notification period may be reduced for urgent national 16 security requirements. 17 (b) None of the funds provided for the National Intel- 18 ligence Program in this or any prior appropriations Act 19 shall be available for obligation or expenditure through a 20 reprogramming or transfer of funds in accordance with 21 section 102A(d) of the National Security Act of 1947 (50 22 U.S.C. 3024(d)) that results in a cumulative increase or 23 decrease of the levels specified in the classified annex ac24 companying the Act unless the congressional intelligence 25 committees are notified 30 days in advance of such re- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 341 1 programming of funds; this notification period may be re2 duced for urgent national security requirements. 3 SEC. 8090. The Director of National Intelligence 4 shall submit to Congress each year, at or about the time 5 that the President’s budget is submitted to Congress that 6 year under section 1105(a) of title 31, United States 7 Code, a future-years intelligence program (including asso8 ciated annexes) reflecting the estimated expenditures and 9 proposed appropriations included in that budget. Any such 10 future-years intelligence program shall cover the fiscal 11 year with respect to which the budget is submitted and 12 at least the four succeeding fiscal years. 13 SEC. 8091. For the purposes of this Act, the term 14 ‘‘congressional intelligence committees’’ means the Perma15 nent Select Committee on Intelligence of the House of 16 Representatives, the Select Committee on Intelligence of 17 the Senate, the Subcommittee on Defense of the Com18 mittee on Appropriations of the House of Representatives, 19 and the Subcommittee on Defense of the Committee on 20 Appropriations of the Senate. 21 22 (INCLUDING TRANSFER OF FUNDS) SEC. 8092. During the current fiscal year, not to ex- 23 ceed $11,000,000 from each of the appropriations made 24 in title II of this Act for ‘‘Operation and Maintenance, 25 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 342 1 ation and Maintenance, Air Force’’ may be transferred by 2 the military department concerned to its central fund es3 tablished for Fisher Houses and Suites pursuant to sec4 tion 2493(d) of title 10, United States Code. 5 SEC. 8093. None of the funds appropriated by this 6 Act may be available for the purpose of making remit7 tances to the Department of Defense Acquisition Work8 force Development Fund in accordance with section 1705 9 of title 10, United States Code. 10 SEC. 8094. (a) Any agency receiving funds made 11 available in this Act, shall, subject to subsections (b) and 12 (c), post on the public Web site of that agency any report 13 required to be submitted by the Congress in this or any 14 other Act, upon the determination by the head of the agen15 cy that it shall serve the national interest. 16 (b) Subsection (a) shall not apply to a report if— 17 (1) the public posting of the report com- 18 promises national security; or 19 (2) the report contains proprietary information. 20 (c) The head of the agency posting such report shall 21 do so only after such report has been made available to 22 the requesting Committee or Committees of Congress for 23 no less than 45 days. 24 SEC. 8095. (a) None of the funds appropriated or 25 otherwise made available by this Act may be expended for March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 343 1 any Federal contract for an amount in excess of 2 $1,000,000, unless the contractor agrees not to— 3 (1) enter into any agreement with any of its 4 employees or independent contractors that requires, 5 as a condition of employment, that the employee or 6 independent contractor agree to resolve through ar- 7 bitration any claim under title VII of the Civil 8 Rights Act of 1964 or any tort related to or arising 9 out of sexual assault or harassment, including as- 10 sault and battery, intentional infliction of emotional 11 distress, false imprisonment, or negligent hiring, su- 12 pervision, or retention; or 13 (2) take any action to enforce any provision of 14 an existing agreement with an employee or inde- 15 pendent contractor that mandates that the employee 16 or independent contractor resolve through arbitra- 17 tion any claim under title VII of the Civil Rights Act 18 of 1964 or any tort related to or arising out of sex- 19 ual assault or harassment, including assault and 20 battery, intentional infliction of emotional distress, 21 false imprisonment, or negligent hiring, supervision, 22 or retention. 23 (b) None of the funds appropriated or otherwise 24 made available by this Act may be expended for any Fed25 eral contract unless the contractor certifies that it requires March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 344 1 each covered subcontractor to agree not to enter into, and 2 not to take any action to enforce any provision of, any 3 agreement as described in paragraphs (1) and (2) of sub4 section (a), with respect to any employee or independent 5 contractor performing work related to such subcontract. 6 For purposes of this subsection, a ‘‘covered subcon7 tractor’’ is an entity that has a subcontract in excess of 8 $1,000,000 on a contract subject to subsection (a). 9 (c) The prohibitions in this section do not apply with 10 respect to a contractor’s or subcontractor’s agreements 11 with employees or independent contractors that may not 12 be enforced in a court of the United States. 13 (d) The Secretary of Defense may waive the applica- 14 tion of subsection (a) or (b) to a particular contractor or 15 subcontractor for the purposes of a particular contract or 16 subcontract if the Secretary or the Deputy Secretary per17 sonally determines that the waiver is necessary to avoid 18 harm to national security interests of the United States, 19 and that the term of the contract or subcontract is not 20 longer than necessary to avoid such harm. The determina21 tion shall set forth with specificity the grounds for the 22 waiver and for the contract or subcontract term selected, 23 and shall state any alternatives considered in lieu of a 24 waiver and the reasons each such alternative would not 25 avoid harm to national security interests of the United March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 345 1 States. The Secretary of Defense shall transmit to Con2 gress, and simultaneously make public, any determination 3 under this subsection not less than 15 business days be4 fore the contract or subcontract addressed in the deter5 mination may be awarded. 6 7 (INCLUDING TRANSFER OF FUNDS) SEC. 8096. From within the funds appropriated for 8 operation and maintenance for the Defense Health Pro9 gram in this Act, up to $115,519,000, shall be available 10 for transfer to the Joint Department of Defense-Depart11 ment of Veterans Affairs Medical Facility Demonstration 12 Fund in accordance with the provisions of section 1704 13 of the National Defense Authorization Act for Fiscal Year 14 2010, Public Law 111–84: Provided, That for purposes 15 of section 1704(b), the facility operations funded are oper16 ations of the integrated Captain James A. Lovell Federal 17 Health Care Center, consisting of the North Chicago Vet18 erans Affairs Medical Center, the Navy Ambulatory Care 19 Center, and supporting facilities designated as a combined 20 Federal medical facility as described by section 706 of 21 Public Law 110–417: Provided further, That additional 22 funds may be transferred from funds appropriated for op23 eration and maintenance for the Defense Health Program 24 to the Joint Department of Defense-Department of Vet25 erans Affairs Medical Facility Demonstration Fund upon March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 346 1 written notification by the Secretary of Defense to the 2 Committees on Appropriations of the House of Represent3 atives and the Senate. 4 SEC. 8097. None of the funds appropriated or other- 5 wise made available by this Act may be used by the De6 partment of Defense or a component thereof in contraven7 tion of the provisions of section 130h of title 10, United 8 States Code. 9 SEC. 8098. Appropriations available to the Depart- 10 ment of Defense may be used for the purchase of heavy 11 and light armored vehicles for the physical security of per12 sonnel or for force protection purposes up to a limit of 13 $450,000 per vehicle, notwithstanding price or other limi14 tations applicable to the purchase of passenger carrying 15 vehicles. 16 17 (INCLUDING TRANSFER OF FUNDS) SEC. 8099. Upon a determination by the Director of 18 National Intelligence that such action is necessary and in 19 the national interest, the Director may, with the approval 20 of the Office of Management and Budget, transfer not to 21 exceed $1,500,000,000 of the funds made available in this 22 Act for the National Intelligence Program: Provided, That 23 such authority to transfer may not be used unless for 24 higher priority items, based on unforeseen intelligence re25 quirements, than those for which originally appropriated March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 347 1 and in no case where the item for which funds are re2 quested has been denied by the Congress: Provided further, 3 That a request for multiple reprogrammings of funds 4 using authority provided in this section shall be made 5 prior to June 30, 2018. 6 SEC. 8100. None of the funds appropriated or other- 7 wise made available in this or any other Act may be used 8 to transfer, release, or assist in the transfer or release to 9 or within the United States, its territories, or possessions 10 Khalid Sheikh Mohammed or any other detainee who— 11 12 (1) is not a United States citizen or a member of the Armed Forces of the United States; and 13 (2) is or was held on or after June 24, 2009, 14 at United States Naval Station, Guantánamo Bay, 15 Cuba, by the Department of Defense. 16 SEC. 8101. (a) None of the funds appropriated or 17 otherwise made available in this or any other Act may be 18 used to construct, acquire, or modify any facility in the 19 United States, its territories, or possessions to house any 20 individual described in subsection (c) for the purposes of 21 detention or imprisonment in the custody or under the ef22 fective control of the Department of Defense. 23 (b) The prohibition in subsection (a) shall not apply 24 to any modification of facilities at United States Naval 25 Station, Guantánamo Bay, Cuba. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 348 1 (c) An individual described in this subsection is any 2 individual who, as of June 24, 2009, is located at United 3 States Naval Station, Guantánamo Bay, Cuba, and who— 4 (1) is not a citizen of the United States or a 5 member of the Armed Forces of the United States; 6 and 7 8 9 (2) is— (A) in the custody or under the effective control of the Department of Defense; or 10 (B) otherwise under detention at United 11 States Naval Station, Guantánamo Bay, Cuba. 12 SEC. 8102. None of the funds appropriated or other- 13 wise made available in this Act may be used to transfer 14 any individual detained at United States Naval Station 15 Guantánamo Bay, Cuba, to the custody or control of the 16 individual’s country of origin, any other foreign country, 17 or any other foreign entity except in accordance with sec18 tion 1034 of the National Defense Authorization Act for 19 Fiscal Year 2016 (Public Law 114–92) and section 1034 20 of the National Defense Authorization Act for Fiscal Year 21 2017 (Public Law 114–328). 22 SEC. 8103. None of the funds made available by this 23 Act may be used in contravention of the War Powers Res24 olution (50 U.S.C. 1541 et seq.). March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 349 1 SEC. 8104. (a) None of the funds appropriated or 2 otherwise made available by this or any other Act may 3 be used by the Secretary of Defense, or any other official 4 or officer of the Department of Defense, to enter into a 5 contract, memorandum of understanding, or cooperative 6 agreement with, or make a grant to, or provide a loan 7 or loan guarantee to Rosoboronexport or any subsidiary 8 of Rosoboronexport. 9 (b) The Secretary of Defense may waive the limita- 10 tion in subsection (a) if the Secretary, in consultation with 11 the Secretary of State and the Director of National Intel12 ligence, determines that it is in the vital national security 13 interest of the United States to do so, and certifies in writ14 ing to the congressional defense committees that, to the 15 best of the Secretary’s knowledge: 16 (1) Rosoboronexport has ceased the transfer of 17 lethal military equipment to, and the maintenance of 18 existing lethal military equipment for, the Govern- 19 ment of the Syrian Arab Republic; 20 (2) The armed forces of the Russian Federation 21 have withdrawn from Crimea, other than armed 22 forces present on military bases subject to agree- 23 ments in force between the Government of the Rus- 24 sian Federation and the Government of Ukraine; 25 and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 350 1 (3) Agents of the Russian Federation have 2 ceased taking active measures to destabilize the con- 3 trol of the Government of Ukraine over eastern 4 Ukraine. 5 (c) The Inspector General of the Department of De- 6 fense shall conduct a review of any action involving 7 Rosoboronexport with respect to a waiver issued by the 8 Secretary of Defense pursuant to subsection (b), and not 9 later than 90 days after the date on which such a waiver 10 is issued by the Secretary of Defense, the Inspector Gen11 eral shall submit to the congressional defense committees 12 a report containing the results of the review conducted 13 with respect to such waiver. 14 SEC. 8105. None of the funds made available in this 15 Act may be used for the purchase or manufacture of a 16 flag of the United States unless such flags are treated as 17 covered items under section 2533a(b) of title 10, United 18 States Code. 19 SEC. 8106. The Secretary of Defense, in consultation 20 with the Service Secretaries, shall submit two reports to 21 the congressional defense committees, not later than 22 March 1, 2018, and not later than September 1, 2018, 23 detailing the submission of records during the previous 6 24 months to databases accessible to the National Instant 25 Criminal Background Check System (NICS), including March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 351 1 the Interstate Identification Index (III), the National 2 Crime Information Center (NCIC), and the NICS Index, 3 as required by Public Law 110–180: Provided, That such 4 reports shall provide the number and category of records 5 submitted by month to each such database, by Service or 6 Component: Provided further, That such reports shall 7 identify the number and category of records submitted by 8 month to those databases for which the Identification for 9 Firearm Sales (IFFS) flag or other database flags were 10 used to pre-validate the records and indicate that such 11 persons are prohibited from receiving or possessing a fire12 arm: Provided further, That such reports shall describe the 13 steps taken during the previous 6 months, by Service or 14 Component, to ensure complete and accurate submission 15 and appropriate flagging of records of individuals prohib16 ited from gun possession or receipt pursuant to 18 U.S.C. 17 922(g) or (n) including applicable records involving pro18 ceedings under the Uniform Code of Military Justice. 19 SEC. 8107. (a) Of the funds appropriated in this Act 20 for the Department of Defense, amounts may be made 21 available, under such regulations as the Secretary of De22 fense may prescribe, to local military commanders ap23 pointed by the Secretary, or by an officer or employee des24 ignated by the Secretary, to provide at their discretion ex 25 gratia payments in amounts consistent with subsection (d) March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 352 1 of this section for damage, personal injury, or death that 2 is incident to combat operations of the Armed Forces in 3 a foreign country. 4 (b) An ex gratia payment under this section may be 5 provided only if— 6 (1) the prospective foreign civilian recipient is 7 determined by the local military commander to be 8 friendly to the United States; 9 (2) a claim for damages would not be compen- 10 sable under chapter 163 of title 10, United States 11 Code (commonly known as the ‘‘Foreign Claims 12 Act’’); and 13 (3) the property damage, personal injury, or 14 death was not caused by action by an enemy. 15 (c) NATURE OF PAYMENTS.—Any payments provided 16 under a program under subsection (a) shall not be consid17 ered an admission or acknowledgement of any legal obliga18 tion to compensate for any damage, personal injury, or 19 death. 20 (d) AMOUNT OF PAYMENTS.—If the Secretary of De- 21 fense determines a program under subsection (a) to be ap22 propriate in a particular setting, the amounts of pay23 ments, if any, to be provided to civilians determined to 24 have suffered harm incident to combat operations of the 25 Armed Forces under the program should be determined March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 353 1 pursuant to regulations prescribed by the Secretary and 2 based on an assessment, which should include such factors 3 as cultural appropriateness and prevailing economic condi4 tions. 5 (e) LEGAL ADVICE.—Local military commanders 6 shall receive legal advice before making ex gratia pay7 ments under this subsection. The legal advisor, under reg8 ulations of the Department of Defense, shall advise on 9 whether an ex gratia payment is proper under this section 10 and applicable Department of Defense regulations. 11 (f) WRITTEN RECORD.—A written record of any ex 12 gratia payment offered or denied shall be kept by the local 13 commander and on a timely basis submitted to the appro14 priate office in the Department of Defense as determined 15 by the Secretary of Defense. 16 (g) REPORT.—The Secretary of Defense shall report 17 to the congressional defense committees on an annual 18 basis the efficacy of the ex gratia payment program in19 cluding the number of types of cases considered, amounts 20 offered, the response from ex gratia payment recipients, 21 and any recommended modifications to the program. 22 SEC. 8108. None of the funds available in this Act 23 to the Department of Defense, other than appropriations 24 made for necessary or routine refurbishments, upgrades 25 or maintenance activities, shall be used to reduce or to March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 354 1 prepare to reduce the number of deployed and non-de2 ployed strategic delivery vehicles and launchers below the 3 levels set forth in the report submitted to Congress in ac4 cordance with section 1042 of the National Defense Au5 thorization Act for Fiscal Year 2012. 6 SEC. 8109. The Secretary of Defense shall post grant 7 awards on a public Website in a searchable format. 8 SEC. 8110. The Secretary of each military depart- 9 ment, in reducing each research, development, test and 10 evaluation and procurement account of the military de11 partment as required under paragraph (1) of section 12 828(d) of the National Defense Authorization Act for Fis13 cal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note), 14 as amended by section 825(a)(3) of the National Defense 15 Authorization Act for Fiscal Year 2018, shall allocate the 16 percentage reduction determined under paragraph (2) of 17 such section 828(d) proportionally from all programs, 18 projects, or activities under such account: Provided, That 19 the authority under section 804(d)(2) of the National De20 fense Authorization Act for Fiscal Year 2016 (Public Law 21 114–92; 10 U.S.C. 2302 note) to transfer amounts avail22 able in the Rapid Prototyping Fund shall be subject to 23 section 8005 or 9002 of this Act, as applicable. 24 SEC. 8111. None of the funds made available by this 25 Act may be used to fund the performance of a flight dem- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 355 1 onstration team at a location outside of the United States: 2 Provided, That this prohibition applies only if a perform3 ance of a flight demonstration team at a location within 4 the United States was canceled during the current fiscal 5 year due to insufficient funding. 6 SEC. 8112. None of the funds made available by this 7 Act may be used by the National Security Agency to— 8 (1) conduct an acquisition pursuant to section 9 702 of the Foreign Intelligence Surveillance Act of 10 1978 for the purpose of targeting a United States 11 person; or 12 (2) acquire, monitor, or store the contents (as 13 such term is defined in section 2510(8) of title 18, 14 United States Code) of any electronic communica- 15 tion of a United States person from a provider of 16 electronic communication services to the public pur- 17 suant to section 501 of the Foreign Intelligence Sur- 18 veillance Act of 1978. 19 SEC. 8113. None of the funds made available by this 20 Act may be obligated or expended to implement the Arms 21 Trade Treaty until the Senate approves a resolution of 22 ratification for the Treaty. 23 SEC. 8114. None of the funds made available in this 24 or any other Act may be used to pay the salary of any 25 officer or employee of any agency funded by this Act who March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 356 1 approves or implements the transfer of administrative re2 sponsibilities or budgetary resources of any program, 3 project, or activity financed by this Act to the jurisdiction 4 of another Federal agency not financed by this Act with5 out the express authorization of Congress: Provided, That 6 this limitation shall not apply to transfers of funds ex7 pressly provided for in Defense Appropriations Acts, or 8 provisions of Acts providing supplemental appropriations 9 for the Department of Defense. 10 SEC. 8115. None of the funds made available in this 11 Act may be obligated for activities authorized under sec12 tion 1208 of the Ronald W. Reagan National Defense Au13 thorization Act for Fiscal Year 2005 (Public Law 112– 14 81; 125 Stat. 1621) to initiate support for, or expand sup15 port to, foreign forces, irregular forces, groups, or individ16 uals unless the congressional defense committees are noti17 fied in accordance with the direction contained in the clas18 sified annex accompanying this Act, not less than 15 days 19 before initiating such support: Provided, That none of the 20 funds made available in this Act may be used under sec21 tion 1208 for any activity that is not in support of an 22 ongoing military operation being conducted by United 23 States Special Operations Forces to combat terrorism: 24 Provided further, That the Secretary of Defense may waive 25 the prohibitions in this section if the Secretary determines March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 357 1 that such waiver is required by extraordinary cir2 cumstances and, by not later than 72 hours after making 3 such waiver, notifies the congressional defense committees 4 of such waiver. 5 SEC. 8116. None of the funds made available by this 6 Act may be used with respect to Iraq in contravention of 7 the War Powers Resolution (50 U.S.C. 1541 et seq.), in8 cluding for the introduction of United States armed forces 9 into hostilities in Iraq, into situations in Iraq where immi10 nent involvement in hostilities is clearly indicated by the 11 circumstances, or into Iraqi territory, airspace, or waters 12 while equipped for combat, in contravention of the con13 gressional consultation and reporting requirements of sec14 tions 3 and 4 of such Resolution (50 U.S.C. 1542 and 15 1543). 16 SEC. 8117. None of the funds provided in this Act 17 for the T–AO(X) program shall be used to award a new 18 contract that provides for the acquisition of the following 19 components unless those components are manufactured in 20 the United States: Auxiliary equipment (including pumps) 21 for shipboard services; propulsion equipment (including 22 engines, reduction gears, and propellers); shipboard 23 cranes; and spreaders for shipboard cranes. 24 SEC. 8118. Notwithstanding any other provision of 25 this Act, to reflect savings due to lower than anticipated March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 358 1 fuel costs, the total amount appropriated in title II of this 2 Act is hereby reduced by $110,780,000. 3 SEC. 8119. None of the funds made available by this 4 Act may be used for Government Travel Charge Card ex5 penses by military or civilian personnel of the Department 6 of Defense for gaming, or for entertainment that includes 7 topless or nude entertainers or participants, as prohibited 8 by Department of Defense FMR, Volume 9, Chapter 3 9 and Department of Defense Instruction 1015.10 (enclo10 sure 3, 14a and 14b). 11 SEC. 8120. None of the funds made available by this 12 Act may be used to propose, plan for, or execute a new 13 or additional Base Realignment and Closure (BRAC) 14 round. 15 SEC. 8121. Of the amounts appropriated in this Act 16 for ‘‘Operation and Maintenance, Navy’’, $289,255,000, 17 to remain available until expended, may be used for any 18 purposes related to the National Defense Reserve Fleet 19 established under section 11 of the Merchant Ship Sales 20 Act of 1946 (50 U.S.C. 4405): Provided, That such 21 amounts are available for reimbursements to the Ready 22 Reserve Force, Maritime Administration account of the 23 United States Department of Transportation for pro24 grams, projects, activities, and expenses related to the Na25 tional Defense Reserve Fleet. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 359 1 2 (INCLUDING TRANSFER OF FUNDS) SEC. 8122. Of the amounts appropriated in this Act, 3 the Secretary of Defense may use up to $46,000,000 4 under the heading ‘‘Operation and Maintenance, Defense5 Wide’’, and up to $45,000,000 under the heading ‘‘Re6 search, Development, Test and Evaluation, Defense7 Wide’’ to develop, replace, and sustain Federal Govern8 ment security and suitability background investigation in9 formation technology systems of the Office of Personnel 10 Management or other Federal agency responsible for con11 ducting such investigations: Provided, That the Secretary 12 may transfer additional amounts into these headings or 13 into ‘‘Procurement, Defense-Wide’’ using established re14 programming procedures prescribed in the Department of 15 Defense Financial Management Regulation 7000.14, Vol16 ume 3, Chapter 6, dated September 2015: Provided fur17 ther, That such funds shall supplement, not supplant any 18 other amounts made available to other Federal agencies 19 for such purposes. 20 SEC. 8123. None of the funds made available by this 21 Act may be used to carry out the closure or realignment 22 of the United States Naval Station, Guantánamo Bay, 23 Cuba. 24 SEC. 8124. (a) None of the funds made available in 25 this Act may be used to maintain or establish a computer March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 360 1 network unless such network is designed to block access 2 to pornography websites. 3 (b) Nothing in subsection (a) shall limit the use of 4 funds necessary for any Federal, State, tribal, or local law 5 enforcement agency or any other entity carrying out crimi6 nal investigations, prosecution, or adjudication activities, 7 or for any activity necessary for the national defense, in8 cluding intelligence activities. 9 SEC. 8125. Notwithstanding any other provision of 10 law, any transfer of funds appropriated or otherwise made 11 available by this Act to the Global Engagement Center es12 tablished by section 1287 of the National Defense Author13 ization Act for Fiscal Year 2017 (Public Law 114–328; 14 130 Stat. 22 U.S.C. 2656 note) shall be made in accord15 ance with section 8005 or 9002 of this Act, as applicable. 16 SEC. 8126. No amounts credited or otherwise made 17 available in this or any other Act to the Department of 18 Defense Acquisition Workforce Development Fund may be 19 transferred to: 20 (1) the Rapid Prototyping Fund established 21 under section 804(d) of the National Defense Au- 22 thorization Act for Fiscal Year 2016 (10 U.S.C. 23 2302 note); or 24 (2) credited to a military-department specific 25 fund established under section 804(d)(2) of the Na- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 361 1 tional Defense Authorization Act for Fiscal Year 2 2016 (as amended by section 897 of the National 3 Defense Authorization Act for Fiscal Year 2017). 4 SEC. 8127. In addition to amounts provided else- 5 where in this Act, there is appropriated $235,000,000, for 6 an additional amount for ‘‘Operation and Maintenance, 7 Defense-Wide’’, to remain available until expended: Pro8 vided, That such funds shall only be available to the Sec9 retary of Defense, acting through the Office of Economic 10 Adjustment of the Department of Defense, or for transfer 11 to the Secretary of Education, notwithstanding any other 12 provision of law, to make grants, conclude cooperative 13 agreements, or supplement other Federal funds to con14 struct, renovate, repair, or expand elementary and sec15 ondary public schools on military installations in order to 16 address capacity or facility condition deficiencies at such 17 schools: Provided further, That in making such funds 18 available, the Office of Economic Adjustment or the Sec19 retary of Education shall give priority consideration to 20 those military installations with schools having the most 21 serious capacity or facility condition deficiencies as deter22 mined by the Secretary of Defense: Provided further, That 23 as a condition of receiving funds under this section a local 24 educational agency or State shall provide a matching share 25 as described in the notice titled ‘‘Department of Defense March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 362 1 Program for Construction, Renovation, Repair or Expan2 sion of Public Schools Located on Military Installations’’ 3 published by the Department of Defense in the Federal 4 Register on September 9, 2011 (76 Fed. Reg. 55883 et 5 seq.): Provided further, That these provisions apply to 6 funds provided under this section, and to funds previously 7 provided by Congress to construct, renovate, repair, or ex8 pand elementary and secondary public schools on military 9 installations in order to address capacity or facility condi10 tion deficiencies at such schools to the extent such funds 11 remain unobligated on the date of enactment of this sec12 tion. 13 SEC. 8128. In carrying out the program described in 14 the memorandum on the subject of ‘‘Policy for Assisted 15 Reproductive Services for the Benefit of Seriously or Se16 verely Ill/Injured (Category II or III) Active Duty Service 17 Members’’ issued by the Assistant Secretary of Defense 18 for Health Affairs on April 3, 2012, and the guidance 19 issued to implement such memorandum, the Secretary of 20 Defense shall apply such policy and guidance, except 21 that— 22 (1) the limitation on periods regarding embryo 23 cryopreservation and storage set forth in part III(G) 24 and in part IV(H) of such memorandum shall not 25 apply; and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 363 1 (2) the term ‘‘assisted reproductive technology’’ 2 shall include embryo cryopreservation and storage 3 without 4 cryopreservation and storage. 5 SEC. 8129. None of the funds made available by this limitation on the duration of such 6 Act may be used to provide arms, training, or other assist7 ance to the Azov Battalion. 8 SEC. 8130. None of the funds made available by this 9 Act may be used to purchase heavy water from Iran. 10 SEC. 8131. Section 316(a)(2) of the National De- 11 fense Authorization Act for Fiscal Year 2018 (Public Law 12 115–91) is amended by striking ‘‘the study under this sub13 section’’ and inserting ‘‘the study and assessment under 14 this section’’. 15 SEC. 8132. Notwithstanding any other provision of 16 law, from funds made available to the Department of De17 fense in title II of this Act under the heading ‘‘Operation 18 and Maintenance, Defense-Wide’’, $15,000,000 shall be 19 available for a project in a country designated by the Sec20 retary of Defense: Provided, That in furtherance of the 21 project the Department of Defense is authorized to ac22 quire services, including services performed pursuant to 23 a grant agreement, from another Federal agency, on an 24 advance of funds or reimbursable basis: Provided further, 25 That an order for services placed under this section is March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 364 1 deemed to be an obligation in the same manner that a 2 similar order placed under a contract with a private con3 tractor is an obligation. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 365 1 TITLE IX 2 OVERSEAS CONTINGENCY OPERATIONS 3 MILITARY PERSONNEL 4 MILITARY PERSONNEL, ARMY 5 For an additional amount for ‘‘Military Personnel, 6 Army’’, $2,683,694,000: Provided, That such amount is 7 designated by the Congress for Overseas Contingency Op8 erations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 12 MILITARY PERSONNEL, NAVY For an additional amount for ‘‘Military Personnel, 13 Navy’’, $377,857,000: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/Global War on Terrorism pursuant to section 16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 17 Deficit Control Act of 1985. 18 19 MILITARY PERSONNEL, MARINE CORPS For an additional amount for ‘‘Military Personnel, 20 Marine Corps’’, $103,979,000: Provided, That such 21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 23 section 251(b)(2)(A)(ii) of the Balanced Budget and 24 Emergency Deficit Control Act of 1985. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 366 1 2 MILITARY PERSONNEL, AIR FORCE For an additional amount for ‘‘Military Personnel, 3 Air Force’’, $914,119,000: Provided, That such amount 4 is designated by the Congress for Overseas Contingency 5 Operations/Global War on Terrorism pursuant to section 6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 7 Deficit Control Act of 1985. 8 9 RESERVE PERSONNEL, ARMY For an additional amount for ‘‘Reserve Personnel, 10 Army’’, $24,942,000: Provided, That such amount is des11 ignated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section 13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 14 Deficit Control Act of 1985. 15 16 RESERVE PERSONNEL, NAVY For an additional amount for ‘‘Reserve Personnel, 17 Navy’’, $9,091,000: Provided, That such amount is des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 21 Deficit Control Act of 1985. 22 23 RESERVE PERSONNEL, MARINE CORPS For an additional amount for ‘‘Reserve Personnel, 24 Marine Corps’’, $2,328,000: Provided, That such amount 25 is designated by the Congress for Overseas Contingency March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 367 1 Operations/Global War on Terrorism pursuant to section 2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 5 RESERVE PERSONNEL, AIR FORCE For an additional amount for ‘‘Reserve Personnel, 6 Air Force’’, $20,569,000: Provided, That such amount is 7 designated by the Congress for Overseas Contingency Op8 erations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 12 NATIONAL GUARD PERSONNEL, ARMY For an additional amount for ‘‘National Guard Per- 13 sonnel, Army’’, $184,589,000: Provided, That such 14 amount is designated by the Congress for Overseas Con15 tingency Operations/Global War on Terrorism pursuant to 16 section 251(b)(2)(A)(ii) of the Balanced Budget and 17 Emergency Deficit Control Act of 1985. 18 19 NATIONAL GUARD PERSONNEL, AIR FORCE For an additional amount for ‘‘National Guard Per- 20 sonnel, Air Force’’, $5,004,000: Provided, That such 21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 23 section 251(b)(2)(A)(ii) of the Balanced Budget and 24 Emergency Deficit Control Act of 1985. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 368 1 OPERATION AND MAINTENANCE 2 OPERATION 3 AND MAINTENANCE, ARMY For an additional amount for ‘‘Operation and Main- 4 tenance, Army’’, $17,352,994,000: Provided, That such 5 amount is designated by the Congress for Overseas Con6 tingency Operations/Global War on Terrorism pursuant to 7 section 251(b)(2)(A)(ii) of the Balanced Budget and 8 Emergency Deficit Control Act of 1985. 9 10 OPERATION AND MAINTENANCE, NAVY For an additional amount for ‘‘Operation and Main- 11 tenance, Navy’’, $6,449,404,000: Provided, That such 12 amount is designated by the Congress for Overseas Con13 tingency Operations/Global War on Terrorism pursuant to 14 section 251(b)(2)(A)(ii) of the Balanced Budget and 15 Emergency Deficit Control Act of 1985. 16 OPERATION 17 For an additional amount for ‘‘Operation and Main- AND MAINTENANCE, MARINE CORPS 18 tenance, Marine Corps’’, $1,401,536,000: Provided, That 19 such amount is designated by the Congress for Overseas 20 Contingency Operations/Global War on Terrorism pursu21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 22 and Emergency Deficit Control Act of 1985. 23 24 OPERATION AND MAINTENANCE, AIR FORCE For an additional amount for ‘‘Operation and Main- 25 tenance, Air Force’’, $10,873,895,000: Provided, That March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 369 1 such amount is designated by the Congress for Overseas 2 Contingency Operations/Global War on Terrorism pursu3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 4 and Emergency Deficit Control Act of 1985. 5 6 OPERATION AND MAINTENANCE, DEFENSE-WIDE For an additional amount for ‘‘Operation and Main- 7 tenance, Defense-Wide’’, $7,575,195,000: Provided, That 8 of the funds provided under this heading, not to exceed 9 $1,000,000,000, to remain available until September 30, 10 2019, shall be for payments to reimburse key cooperating 11 nations for logistical, military, and other support, includ12 ing access, provided to United States military and stability 13 operations in Afghanistan and to counter the Islamic 14 State of Iraq and Syria: Provided further, That such reim15 bursement payments may be made in such amounts as the 16 Secretary of Defense, with the concurrence of the Sec17 retary of State, and in consultation with the Director of 18 the Office of Management and Budget, may determine, 19 based on documentation determined by the Secretary of 20 Defense to adequately account for the support provided, 21 and such determination is final and conclusive upon the 22 accounting officers of the United States, and 15 days fol23 lowing notification to the appropriate congressional com24 mittees: Provided further, That these funds may be used 25 for the purpose of providing specialized training and pro- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 370 1 curing supplies and specialized equipment and providing 2 such supplies and loaning such equipment on a non-reim3 bursable basis to coalition forces supporting United States 4 military and stability operations in Afghanistan and to 5 counter the Islamic State of Iraq and Syria, and 15 days 6 following notification to the appropriate congressional 7 committees: Provided further, That these funds may be 8 used to support the Government of Jordan, in such 9 amounts as the Secretary of Defense may determine, to 10 enhance the ability of the armed forces of Jordan to in11 crease or sustain security along its borders, upon 15 days 12 prior written notification to the congressional defense 13 committees outlining the amounts intended to be provided 14 and the nature of the expenses incurred: Provided further, 15 That of the funds provided under this heading, not to ex16 ceed $750,000,000, to remain available until September 17 30, 2019, shall be available to provide support and assist18 ance to foreign security forces or other groups or individ19 uals to conduct, support or facilitate counterterrorism, cri20 sis response, or other Department of Defense security co21 operation programs: Provided further, That the Secretary 22 of Defense shall provide quarterly reports to the congres23 sional defense committees on the use of funds provided 24 in this paragraph: Provided further, That such amount is 25 designated by the Congress for Overseas Contingency Op- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 371 1 erations/Global War on Terrorism pursuant to section 2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 OPERATION 5 For an additional amount for ‘‘Operation and Main- AND MAINTENANCE, ARMY RESERVE 6 tenance, Army Reserve’’, $24,699,000: Provided, That 7 such amount is designated by the Congress for Overseas 8 Contingency Operations/Global War on Terrorism pursu9 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 10 and Emergency Deficit Control Act of 1985. 11 OPERATION 12 For an additional amount for ‘‘Operation and Main- AND MAINTENANCE, NAVY RESERVE 13 tenance, Navy Reserve’’, $23,980,000: Provided, That 14 such amount is designated by the Congress for Overseas 15 Contingency Operations/Global War on Terrorism pursu16 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 17 and Emergency Deficit Control Act of 1985. 18 19 20 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE For an additional amount for ‘‘Operation and Main- 21 tenance, Marine Corps Reserve’’, $3,367,000: Provided, 22 That such amount is designated by the Congress for Over23 seas Contingency Operations/Global War on Terrorism 24 pursuant to section 251(b)(2)(A)(ii) of the Balanced 25 Budget and Emergency Deficit Control Act of 1985. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 372 1 OPERATION 2 AND MAINTENANCE, AIR FORCE RESERVE For an additional amount for ‘‘Operation and Main- 3 tenance, Air Force Reserve’’, $53,523,000: Provided, That 4 such amount is designated by the Congress for Overseas 5 Contingency Operations/Global War on Terrorism pursu6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 7 and Emergency Deficit Control Act of 1985. 8 OPERATION AND 9 MAINTENANCE, ARMY NATIONAL GUARD 10 For an additional amount for ‘‘Operation and Main- 11 tenance, Army National Guard’’, $108,111,000: Provided, 12 That such amount is designated by the Congress for Over13 seas Contingency Operations/Global War on Terrorism 14 pursuant to section 251(b)(2)(A)(ii) of the Balanced 15 Budget and Emergency Deficit Control Act of 1985. 16 OPERATION 17 AND MAINTENANCE, AIR NATIONAL GUARD For an additional amount for ‘‘Operation and Main- 18 tenance, Air National Guard’’, $15,400,000: Provided, 19 That such amount is designated by the Congress for Over20 seas Contingency Operations/Global War on Terrorism 21 pursuant to section 251(b)(2)(A)(ii) of the Balanced 22 Budget and Emergency Deficit Control Act of 1985. 23 24 AFGHANISTAN SECURITY FORCES FUND For the ‘‘Afghanistan Security Forces Fund’’, 25 $4,666,815,000, to remain available until September 30, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 373 1 2019: Provided, That such funds shall be available to the 2 Secretary of Defense for the purpose of allowing the Com3 mander, Combined Security Transition Command—Af4 ghanistan, or the Secretary’s designee, to provide assist5 ance, with the concurrence of the Secretary of State, to 6 the security forces of Afghanistan, including the provision 7 of equipment, supplies, services, training, facility and in8 frastructure repair, renovation, construction, and funding: 9 Provided further, That the Secretary of Defense may obli10 gate and expend funds made available to the Department 11 of Defense in this title for additional costs associated with 12 existing projects previously funded with amounts provided 13 under the heading ‘‘Afghanistan Infrastructure Fund’’ in 14 prior Acts: Provided further, That such costs shall be lim15 ited to contract changes resulting from inflation, market 16 fluctuation, rate adjustments, and other necessary con17 tract actions to complete existing projects, and associated 18 supervision and administration costs and costs for design 19 during construction: Provided further, That the Secretary 20 may not use more than $50,000,000 under the authority 21 provided in this section: Provided further, That the Sec22 retary shall notify in advance such contract changes and 23 adjustments in annual reports to the congressional defense 24 committees: Provided further, That the authority to pro25 vide assistance under this heading is in addition to any March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 374 1 other authority to provide assistance to foreign nations: 2 Provided further, That contributions of funds for the pur3 poses provided herein from any person, foreign govern4 ment, or international organization may be credited to this 5 Fund, to remain available until expended, and used for 6 such purposes: Provided further, That the Secretary of De7 fense shall notify the congressional defense committees in 8 writing upon the receipt and upon the obligation of any 9 contribution, delineating the sources and amounts of the 10 funds received and the specific use of such contributions: 11 Provided further, That the Secretary of Defense shall, not 12 fewer than 15 days prior to obligating from this appro13 priation account, notify the congressional defense commit14 tees in writing of the details of any such obligation: Pro15 vided further, That the Secretary of Defense shall notify 16 the congressional defense committees of any proposed new 17 projects or transfer of funds between budget sub-activity 18 groups in excess of $20,000,000: Provided further, That 19 the United States may accept equipment procured using 20 funds provided under this heading in this or prior Acts 21 that was transferred to the security forces of Afghanistan 22 and returned by such forces to the United States: Provided 23 further, That equipment procured using funds provided 24 under this heading in this or prior Acts, and not yet trans25 ferred to the security forces of Afghanistan or transferred March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 375 1 to the security forces of Afghanistan and returned by such 2 forces to the United States, may be treated as stocks of 3 the Department of Defense upon written notification to 4 the congressional defense committees: Provided further, 5 That of the funds provided under this heading, not less 6 than $10,000,000 shall be for recruitment and retention 7 of women in the Afghanistan National Security Forces, 8 and the recruitment and training of female security per9 sonnel: Provided further, That such amount is designated 10 by the Congress for Overseas Contingency Operations/ 11 Global War on Terrorism pursuant to section 12 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985. 14 15 COUNTER-ISIS TRAIN AND EQUIP FUND For the ‘‘Counter-Islamic State of Iraq and Syria 16 Train and Equip Fund’’, $1,769,000,000, to remain avail17 able until September 30, 2019: Provided, That such funds 18 shall be available to the Secretary of Defense in coordina19 tion with the Secretary of State, to provide assistance, in20 cluding training; equipment; logistics support, supplies, 21 and services; stipends; infrastructure repair and renova22 tion; and sustainment, to foreign security forces, irregular 23 forces, groups, or individuals participating, or preparing 24 to participate in activities to counter the Islamic State of 25 Iraq and Syria, and their affiliated or associated groups: March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 376 1 Provided further, That these funds may be used in such 2 amounts as the Secretary of Defense may determine to 3 enhance the border security of nations adjacent to conflict 4 areas including Jordan, Lebanon, Egypt, and Tunisia re5 sulting from actions of the Islamic State of Iraq and 6 Syria: Provided further, That amounts made available 7 under this heading shall be available to provide assistance 8 only for activities in a country designated by the Secretary 9 of Defense, in coordination with the Secretary of State, 10 as having a security mission to counter the Islamic State 11 of Iraq and Syria, and following written notification to the 12 congressional defense committees of such designation: 13 Provided further, That the Secretary of Defense shall en14 sure that prior to providing assistance to elements of any 15 forces or individuals, such elements or individuals are ap16 propriately vetted, including at a minimum, assessing such 17 elements for associations with terrorist groups or groups 18 associated with the Government of Iran; and receiving 19 commitments from such elements to promote respect for 20 human rights and the rule of law: Provided further, That 21 the Secretary of Defense shall, not fewer than 15 days 22 prior to obligating from this appropriation account, notify 23 the congressional defense committees in writing of the de24 tails of any such obligation: Provided further, That the 25 Secretary of Defense may accept and retain contributions, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 377 1 including assistance in-kind, from foreign governments, 2 including the Government of Iraq and other entities, to 3 carry out assistance authorized under this heading: Pro4 vided further, That contributions of funds for the purposes 5 provided herein from any foreign government or other en6 tity may be credited to this Fund, to remain available until 7 expended, and used for such purposes: Provided further, 8 That the Secretary of Defense may waive a provision of 9 law relating to the acquisition of items and support serv10 ices or sections 40 and 40A of the Arms Export Control 11 Act (22 U.S.C. 2780 and 2785) if the Secretary deter12 mines that such provision of law would prohibit, restrict, 13 delay or otherwise limit the provision of such assistance 14 and a notice of and justification for such waiver is sub15 mitted to the congressional defense committees, the Com16 mittees on Appropriations and Foreign Relations of the 17 Senate and the Committees on Appropriations and For18 eign Affairs of the House of Representatives: Provided fur19 ther, That the United States may accept equipment pro20 cured using funds provided under this heading, or under 21 the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts, 22 that was transferred to security forces, irregular forces, 23 or groups participating, or preparing to participate in ac24 tivities to counter the Islamic State of Iraq and Syria and 25 returned by such forces or groups to the United States, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 378 1 may be treated as stocks of the Department of Defense 2 upon written notification to the congressional defense 3 committees: Provided further, That equipment procured 4 using funds provided under this heading, or under the 5 heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts, and 6 not yet transferred to security forces, irregular forces, or 7 groups participating, or preparing to participate in activi8 ties to counter the Islamic State of Iraq and Syria may 9 be treated as stocks of the Department of Defense when 10 determined by the Secretary to no longer be required for 11 transfer to such forces or groups and upon written notifi12 cation to the congressional defense committees: Provided 13 further, That the Secretary of Defense shall provide quar14 terly reports to the congressional defense committees on 15 the use of funds provided under this heading, including, 16 but not limited to, the number of individuals trained, the 17 nature and scope of support and sustainment provided to 18 each group or individual, the area of operations for each 19 group, and the contributions of other countries, groups, 20 or individuals: Provided further, That such amount is des21 ignated by the Congress for Overseas Contingency Oper22 ations/Global War on Terrorism pursuant to section 23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 24 Deficit Control Act of 1985. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 379 1 PROCUREMENT 2 AIRCRAFT PROCUREMENT, ARMY 3 For an additional amount for ‘‘Aircraft Procurement, 4 Army’’, $420,086,000, to remain available until Sep5 tember 30, 2020: Provided, That such amount is des6 ignated by the Congress for Overseas Contingency Oper7 ations/Global War on Terrorism pursuant to section 8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 9 Deficit Control Act of 1985. 10 MISSILE PROCUREMENT, ARMY 11 For an additional amount for ‘‘Missile Procurement, 12 Army’’, $709,283,000, to remain available until Sep13 tember 30, 2020: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/Global War on Terrorism pursuant to section 16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 17 Deficit Control Act of 1985. 18 PROCUREMENT 19 20 21 ons OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY For an additional amount for ‘‘Procurement of Weapand Tracked Combat Vehicles, Army’’, 22 $1,191,139,000, to remain available until September 30, 23 2020: Provided, That such amount is designated by the 24 Congress for Overseas Contingency Operations/Global 25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 380 1 the Balanced Budget and Emergency Deficit Control Act 2 of 1985. 3 4 PROCUREMENT OF AMMUNITION, ARMY For an additional amount for ‘‘Procurement of Am- 5 munition, Army’’, $191,836,000, to remain available until 6 September 30, 2020: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 12 OTHER PROCUREMENT, ARMY For an additional amount for ‘‘Other Procurement, 13 Army’’, $405,575,000, to remain available until Sep14 tember 30, 2020: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 20 AIRCRAFT PROCUREMENT, NAVY For an additional amount for ‘‘Aircraft Procurement, 21 Navy’’, $157,300,000, to remain available until September 22 30, 2020: Provided, That such amount is designated by 23 the Congress for Overseas Contingency Operations/Global 24 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 381 1 the Balanced Budget and Emergency Deficit Control Act 2 of 1985. 3 4 WEAPONS PROCUREMENT, NAVY For an additional amount for ‘‘Weapons Procure- 5 ment, Navy’’, $130,994,000, to remain available until 6 September 30, 2020: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 12 13 PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS For an additional amount for ‘‘Procurement of Am- 14 munition, Navy and Marine Corps’’, $233,406,000, to re15 main available until September 30, 2020: Provided, That 16 such amount is designated by the Congress for Overseas 17 Contingency Operations/Global War on Terrorism pursu18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 19 and Emergency Deficit Control Act of 1985. 20 21 OTHER PROCUREMENT, NAVY For an additional amount for ‘‘Other Procurement, 22 Navy’’, $239,359,000, to remain available until September 23 30, 2020: Provided, That such amount is designated by 24 the Congress for Overseas Contingency Operations/Global 25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 382 1 the Balanced Budget and Emergency Deficit Control Act 2 of 1985. 3 4 PROCUREMENT, MARINE CORPS For an additional amount for ‘‘Procurement, Marine 5 Corps’’, $64,307,000, to remain available until September 6 30, 2020: Provided, That such amount is designated by 7 the Congress for Overseas Contingency Operations/Global 8 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 9 the Balanced Budget and Emergency Deficit Control Act 10 of 1985. 11 12 AIRCRAFT PROCUREMENT, AIR FORCE For an additional amount for ‘‘Aircraft Procurement, 13 Air Force’’, $503,938,000, to remain available until Sep14 tember 30, 2020: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 20 MISSILE PROCUREMENT, AIR FORCE For an additional amount for ‘‘Missile Procurement, 21 Air Force’’, $481,700,000, to remain available until Sep22 tember 30, 2020: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 383 1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 4 SPACE PROCUREMENT, AIR FORCE For an additional amount for ‘‘Space Procurement, 5 Air Force’’, $2,256,000, to remain available until Sep6 tember 30, 2020: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 12 PROCUREMENT OF AMMUNITION, AIR FORCE For an additional amount for ‘‘Procurement of Am- 13 munition, Air Force’’, $551,509,000, to remain available 14 until September 30, 2020: Provided, That such amount 15 is designated by the Congress for Overseas Contingency 16 Operations/Global War on Terrorism pursuant to section 17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 20 OTHER PROCUREMENT, AIR FORCE For an additional amount for ‘‘Other Procurement, 21 Air Force’’, $3,324,590,000, to remain available until 22 September 30, 2020: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 384 1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 4 PROCUREMENT, DEFENSE-WIDE For an additional amount for ‘‘Procurement, De- 5 fense-Wide’’, $517,041,000, to remain available until Sep6 tember 30, 2020: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 NATIONAL GUARD 12 AND RESERVE EQUIPMENT ACCOUNT For procurement of rotary-wing aircraft; combat, tac- 13 tical and support vehicles; other weapons; and other pro14 curement items for the reserve components of the Armed 15 Forces, $1,300,000,000, to remain available for obligation 16 until September 30, 2020: Provided, That the Chiefs of 17 National Guard and Reserve components shall, not later 18 than 30 days after enactment of this Act, individually sub19 mit to the congressional defense committees the mod20 ernization priority assessment for their respective Na21 tional Guard or Reserve component: Provided further, 22 That none of the funds made available by this paragraph 23 may be used to procure manned fixed wing aircraft, or 24 procure or modify missiles, munitions, or ammunition: 25 Provided further, That such amount is designated by the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 385 1 Congress for Overseas Contingency Operations/Global 2 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 3 the Balanced Budget and Emergency Deficit Control Act 4 of 1985. 5 RESEARCH, DEVELOPMENT, TEST AND 6 EVALUATION 7 RESEARCH, DEVELOPMENT, TEST 8 9 AND EVALUATION, ARMY For an additional amount for ‘‘Research, Develop- 10 ment, Test and Evaluation, Army’’, $235,368,000, to re11 main available until September 30, 2019: Provided, That 12 such amount is designated by the Congress for Overseas 13 Contingency Operations/Global War on Terrorism pursu14 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 15 and Emergency Deficit Control Act of 1985. 16 17 18 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY For an additional amount for ‘‘Research, Develop- 19 ment, Test and Evaluation, Navy’’, $167,565,000, to re20 main available until September 30, 2019: Provided, That 21 such amount is designated by the Congress for Overseas 22 Contingency Operations/Global War on Terrorism pursu23 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 24 and Emergency Deficit Control Act of 1985. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 386 1 RESEARCH, DEVELOPMENT, TEST 2 3 AND EVALUATION, AIR FORCE For an additional amount for ‘‘Research, Develop- 4 ment, Test and Evaluation, Air Force’’, $129,608,000, to 5 remain available until September 30, 2019: Provided, 6 That such amount is designated by the Congress for Over7 seas Contingency Operations/Global War on Terrorism 8 pursuant to section 251(b)(2)(A)(ii) of the Balanced 9 Budget and Emergency Deficit Control Act of 1985. 10 RESEARCH, DEVELOPMENT, TEST 11 DEFENSE-WIDE 12 AND EVALUATION, For an additional amount for ‘‘Research, Develop- 13 ment, Test and Evaluation, Defense-Wide’’, 14 $394,396,000, to remain available until September 30, 15 2019: Provided, That such amount is designated by the 16 Congress for Overseas Contingency Operations/Global 17 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 18 the Balanced Budget and Emergency Deficit Control Act 19 of 1985. 20 REVOLVING AND MANAGEMENT FUNDS 21 DEFENSE WORKING CAPITAL FUNDS 22 For an additional amount for ‘‘Defense Working 23 Capital Funds’’, $148,956,000: Provided, That such 24 amount is designated by the Congress for Overseas Con25 tingency Operations/Global War on Terrorism pursuant to March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 387 1 section 251(b)(2)(A)(ii) of the Balanced Budget and 2 Emergency Deficit Control Act of 1985. 3 OTHER DEPARTMENT OF DEFENSE PROGRAMS 4 DEFENSE HEALTH PROGRAM 5 For an additional amount for ‘‘Defense Health Pro- 6 gram’’, $395,805,000, which shall be for operation and 7 maintenance: Provided, That such amount is designated 8 by the Congress for Overseas Contingency Operations/ 9 Global War on Terrorism pursuant to section 10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12 DRUG INTERDICTION 13 14 AND COUNTER-DRUG ACTIVITIES, DEFENSE For an additional amount for ‘‘Drug Interdiction and 15 Counter-Drug Activities, Defense’’, $196,300,000: Pro16 vided, That such amount is designated by the Congress 17 for Overseas Contingency Operations/Global War on Ter18 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 20 21 OFFICE OF THE INSPECTOR GENERAL For an additional amount for the ‘‘Office of the In- 22 spector General’’, $24,692,000: Provided, That such 23 amount is designated by the Congress for Overseas Con24 tingency Operations/Global War on Terrorism pursuant to March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 388 1 section 251(b)(2)(A)(ii) of the Balanced Budget and 2 Emergency Deficit Control Act of 1985. 3 4 GENERAL PROVISIONS—THIS TITLE SEC. 9001. Notwithstanding any other provision of 5 law, funds made available in this title are in addition to 6 amounts appropriated or otherwise made available for the 7 Department of Defense for fiscal year 2018. 8 9 (INCLUDING TRANSFER OF FUNDS) SEC. 9002. Upon the determination of the Secretary 10 of Defense that such action is necessary in the national 11 interest, the Secretary may, with the approval of the Of12 fice of Management and Budget, transfer up to 13 $2,250,000,000 between the appropriations or funds made 14 available to the Department of Defense in this title: Pro15 vided, That the Secretary shall notify the Congress 16 promptly of each transfer made pursuant to the authority 17 in this section: Provided further, That the authority pro18 vided in this section is in addition to any other transfer 19 authority available to the Department of Defense and is 20 subject to the same terms and conditions as the authority 21 provided in section 8005 of this Act. 22 SEC. 9003. Supervision and administration costs and 23 costs for design during construction associated with a con24 struction project funded with appropriations available for 25 operation and maintenance or the ‘‘Afghanistan Security March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 389 1 Forces Fund’’ provided in this Act and executed in direct 2 support of overseas contingency operations in Afghani3 stan, may be obligated at the time a construction contract 4 is awarded: Provided, That, for the purpose of this section, 5 supervision and administration costs and costs for design 6 during construction include all in-house Government costs. 7 SEC. 9004. From funds made available in this title, 8 the Secretary of Defense may purchase for use by military 9 and civilian employees of the Department of Defense in 10 the United States Central Command area of responsi11 bility: (1) passenger motor vehicles up to a limit of 12 $75,000 per vehicle; and (2) heavy and light armored vehi13 cles for the physical security of personnel or for force pro14 tection purposes up to a limit of $450,000 per vehicle, not15 withstanding price or other limitations applicable to the 16 purchase of passenger carrying vehicles. 17 SEC. 9005. Not to exceed $5,000,000 of the amounts 18 appropriated by this title under the heading ‘‘Operation 19 and Maintenance, Army’’ may be used, notwithstanding 20 any other provision of law, to fund the Commanders’ 21 Emergency Response Program (CERP), for the purpose 22 of enabling military commanders in Afghanistan to re23 spond to urgent, small-scale, humanitarian relief and re24 construction requirements within their areas of responsi25 bility: Provided, That each project (including any ancillary March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 390 1 or related elements in connection with such project) exe2 cuted under this authority shall not exceed $2,000,000: 3 Provided further, That not later than 45 days after the 4 end of each 6 months of the fiscal year, the Secretary of 5 Defense shall submit to the congressional defense commit6 tees a report regarding the source of funds and the alloca7 tion and use of funds during that 6-month period that 8 were made available pursuant to the authority provided 9 in this section or under any other provision of law for the 10 purposes described herein: Provided further, That, not 11 later than 30 days after the end of each fiscal year quar12 ter, the Army shall submit to the congressional defense 13 committees quarterly commitment, obligation, and expend14 iture data for the CERP in Afghanistan: Provided further, 15 That, not less than 15 days before making funds available 16 pursuant to the authority provided in this section or under 17 any other provision of law for the purposes described here18 in for a project with a total anticipated cost for completion 19 of $500,000 or more, the Secretary shall submit to the 20 congressional defense committees a written notice con21 taining each of the following: 22 (1) The location, nature and purpose of the 23 proposed project, including how the project is in- 24 tended to advance the military campaign plan for 25 the country in which it is to be carried out. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 391 1 (2) The budget, implementation timeline with 2 milestones, and completion date for the proposed 3 project, including any other CERP funding that has 4 been or is anticipated to be contributed to the com- 5 pletion of the project. 6 (3) A plan for the sustainment of the proposed 7 project, including the agreement with either the host 8 nation, a non-Department of Defense agency of the 9 United States Government or a third-party contrib- 10 utor to finance the sustainment of the activities and 11 maintenance of any equipment or facilities to be pro- 12 vided through the proposed project. 13 SEC. 9006. Funds available to the Department of De- 14 fense for operation and maintenance may be used, not15 withstanding any other provision of law, to provide sup16 plies, services, transportation, including airlift and sealift, 17 and other logistical support to allied forces participating 18 in a combined operation with the armed forces of the 19 United States and coalition forces supporting military and 20 stability operations in Afghanistan and to counter the Is21 lamic State of Iraq and Syria: Provided, That the Sec22 retary of Defense shall provide quarterly reports to the 23 congressional defense committees regarding support pro24 vided under this section. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 392 1 SEC. 9007. None of the funds appropriated or other- 2 wise made available by this or any other Act shall be obli3 gated or expended by the United States Government for 4 a purpose as follows: 5 (1) To establish any military installation or 6 base for the purpose of providing for the permanent 7 stationing of United States Armed Forces in Iraq. 8 9 (2) To exercise United States control over any oil resource of Iraq. 10 (3) To establish any military installation or 11 base for the purpose of providing for the permanent 12 stationing of United States Armed Forces in Af- 13 ghanistan. 14 SEC. 9008. None of the funds made available in this 15 Act may be used in contravention of the following laws 16 enacted or regulations promulgated to implement the 17 United Nations Convention Against Torture and Other 18 Cruel, Inhuman or Degrading Treatment or Punishment 19 (done at New York on December 10, 1984): 20 21 (1) Section 2340A of title 18, United States Code. 22 (2) Section 2242 of the Foreign Affairs Reform 23 and Restructuring Act of 1998 (division G of Public 24 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 25 note) and regulations prescribed thereto, including March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 393 1 regulations under part 208 of title 8, Code of Fed- 2 eral Regulations, and part 95 of title 22, Code of 3 Federal Regulations. 4 (3) Sections 1002 and 1003 of the Department 5 of Defense, Emergency Supplemental Appropriations 6 to Address Hurricanes in the Gulf of Mexico, and 7 Pandemic Influenza Act, 2006 (Public Law 109– 8 148). 9 SEC. 9009. None of the funds provided for the ‘‘Af- 10 ghanistan Security Forces Fund’’ (ASFF) may be obli11 gated prior to the approval of a financial and activity plan 12 by the Afghanistan Resources Oversight Council (AROC) 13 of the Department of Defense: Provided, That the AROC 14 must approve the requirement and acquisition plan for any 15 service requirements in excess of $50,000,000 annually 16 and any non-standard equipment requirements in excess 17 of $100,000,000 using ASFF: Provided further, That the 18 Department of Defense must certify to the congressional 19 defense committees that the AROC has convened and ap20 proved a process for ensuring compliance with the require21 ments in the preceding proviso and accompanying report 22 language for the ASFF. 23 SEC. 9010. Funds made available in this title to the 24 Department of Defense for operation and maintenance 25 may be used to purchase items having an investment unit March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 394 1 cost of not more than $250,000: Provided, That, upon de2 termination by the Secretary of Defense that such action 3 is necessary to meet the operational requirements of a 4 Commander of a Combatant Command engaged in contin5 gency operations overseas, such funds may be used to pur6 chase items having an investment item unit cost of not 7 more than $500,000. 8 SEC. 9011. Up to $500,000,000 of funds appro- 9 priated by this Act for the Defense Security Cooperation 10 Agency in ‘‘Operation and Maintenance, Defense-Wide’’ 11 may be used to provide assistance to the Government of 12 Jordan to support the armed forces of Jordan and to en13 hance security along its borders. 14 SEC. 9012. None of the funds made available by this 15 Act under the heading ‘‘Counter-ISIS Train and Equip 16 Fund’’ may be used to procure or transfer man-portable 17 air defense systems. 18 SEC. 9013. For the ‘‘Ukraine Security Assistance Ini- 19 tiative’’, $200,000,000 is hereby appropriated, to remain 20 available until September 30, 2018: Provided, That such 21 funds shall be available to the Secretary of Defense, in 22 coordination with the Secretary of State, to provide assist23 ance, including training; equipment; lethal weapons of a 24 defensive nature; logistics support, supplies and services; 25 sustainment; and intelligence support to the military and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 395 1 national security forces of Ukraine, and for replacement 2 of any weapons or defensive articles provided to the Gov3 ernment of Ukraine from the inventory of the United 4 States: Provided further, That the Secretary of Defense 5 shall, not less than 15 days prior to obligating funds pro6 vided under this heading, notify the congressional defense 7 committees in writing of the details of any such obligation: 8 Provided further, That the United States may accept 9 equipment procured using funds provided under this head10 ing in this or prior Acts that was transferred to the secu11 rity forces of Ukraine and returned by such forces to the 12 United States: Provided further, That equipment procured 13 using funds provided under this heading in this or prior 14 Acts, and not yet transferred to the military or National 15 Security Forces of Ukraine or returned by such forces to 16 the United States, may be treated as stocks of the Depart17 ment of Defense upon written notification to the congres18 sional defense committees: Provided further, That amounts 19 made available by this section are designated by the Con20 gress for Overseas Contingency Operations/Global War on 21 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985. 23 SEC. 9014. Funds appropriated in this title shall be 24 available for replacement of funds for items provided to 25 the Government of Ukraine from the inventory of the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 396 1 United States to the extent specifically provided for in sec2 tion 9013 of this Act. 3 SEC. 9015. None of the funds made available by this 4 Act under section 9013 for ‘‘Assistance and Sustainment 5 to the Military and National Security Forces of Ukraine’’ 6 may be used to procure or transfer man-portable air de7 fense systems. 8 SEC. 9016. (a) None of the funds appropriated or 9 otherwise made available by this Act under the heading 10 ‘‘Operation and Maintenance, Defense-Wide’’ for pay11 ments under section 1233 of Public Law 110–181 for re12 imbursement to the Government of Pakistan may be made 13 available unless the Secretary of Defense, in coordination 14 with the Secretary of State, certifies to the congressional 15 defense committees that the Government of Pakistan is— 16 (1) cooperating with the United States in 17 counterterrorism efforts against the Haqqani Net- 18 work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 19 Jaish-e-Mohammed, Al Qaeda, and other domestic 20 and foreign terrorist organizations, including taking 21 steps to end support for such groups and prevent 22 them from basing and operating in Pakistan and 23 carrying out cross border attacks into neighboring 24 countries; March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 397 1 (2) not supporting terrorist activities against 2 United States or coalition forces in Afghanistan, and 3 Pakistan’s military and intelligence agencies are not 4 intervening extra-judicially into political and judicial 5 processes in Pakistan; 6 (3) dismantling improvised explosive device 7 (IED) networks and interdicting precursor chemicals 8 used in the manufacture of IEDs; 9 10 11 12 (4) preventing the proliferation of nuclear-related material and expertise; (5) implementing policies to protect judicial independence and due process of law; 13 (6) issuing visas in a timely manner for United 14 States visitors engaged in counterterrorism efforts 15 and assistance programs in Pakistan; and 16 (7) providing humanitarian organizations access 17 to detainees, internally displaced persons, and other 18 Pakistani civilians affected by the conflict. 19 (b) The Secretary of Defense, in coordination with 20 the Secretary of State, may waive the restriction in sub21 section (a) on a case-by-case basis by certifying in writing 22 to the congressional defense committees that it is in the 23 national security interest to do so: Provided, That if the 24 Secretary of Defense, in coordination with the Secretary 25 of State, exercises such waiver authority, the Secretaries March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 398 1 shall report to the congressional defense committees on 2 both the justification for the waiver and on the require3 ments of this section that the Government of Pakistan was 4 not able to meet: Provided further, That such report may 5 be submitted in classified form if necessary. 6 7 (INCLUDING TRANSFER OF FUNDS) SEC. 9017. In addition to amounts otherwise made 8 available in this Act, $770,000,000 is hereby appropriated 9 to the Department of Defense and made available for 10 transfer only to the operation and maintenance, military 11 personnel, and procurement accounts, to improve the intel12 ligence, surveillance, and reconnaissance capabilities of the 13 Department of Defense: Provided, That the transfer au14 thority provided in this section is in addition to any other 15 transfer authority provided elsewhere in this Act: Provided 16 further, That not later than 30 days prior to exercising 17 the transfer authority provided in this section, the Sec18 retary of Defense shall submit a report to the congres19 sional defense committees on the proposed uses of these 20 funds: Provided further, That the funds provided in this 21 section may not be transferred to any program, project, 22 or activity specifically limited or denied by this Act: Pro23 vided further, That amounts made available by this section 24 are designated by the Congress for Overseas Contingency 25 Operations/Global War on Terrorism pursuant to section March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 399 1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985: Provided further, That the 3 authority to provide funding under this section shall termi4 nate on September 30, 2018. 5 SEC. 9018. None of the funds made available by this 6 Act may be used with respect to Syria in contravention 7 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 8 including for the introduction of United States armed or 9 military forces into hostilities in Syria, into situations in 10 Syria where imminent involvement in hostilities is clearly 11 indicated by the circumstances, or into Syrian territory, 12 airspace, or waters while equipped for combat, in con13 travention of the congressional consultation and reporting 14 requirements of sections 3 and 4 of that law (50 U.S.C. 15 1542 and 1543). 16 SEC. 9019. None of the funds in this Act may be 17 made available for the transfer of additional C–130 cargo 18 aircraft to the Afghanistan National Security Forces or 19 the Afghanistan Air Force until the Department of De20 fense provides a report to the congressional defense com21 mittees of the Afghanistan Air Force’s medium airlift re22 quirements. The report should identify Afghanistan’s abil23 ity to utilize and maintain existing medium lift aircraft 24 in the inventory and the best alternative platform, if nec- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 400 1 essary, to provide additional support to the Afghanistan 2 Air Force’s current medium airlift capacity. 3 4 (RESCISSIONS) SEC. 9020. Of the funds appropriated in Department 5 of Defense Appropriations Acts, the following funds are 6 hereby rescinded from the following accounts and pro7 grams in the specified amounts: Provided, That such 8 amounts are designated by the Congress for Overseas 9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 11 and Emergency Deficit Control Act of 1985: 12 ‘‘Operation and Maintenance, Defense-Wide: 13 Coalition Support Fund’’, 2017/2018, $500,000,000; 14 ‘‘Operation and Maintenance, Defense-Wide: 15 DSCA 16 $250,000,000; 17 18 19 20 21 22 23 24 March 21, 2018 (6:08 p.m.) Security Cooperation’’, 2017/2018, ‘‘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. U:\2018REPT\OMNI\Final\RCP—FM.xml 401 1 SEC. 9021. (a) Not later than 30 days after the date 2 of the enactment of this Act, the President shall submit 3 to Congress a report on the United States strategy to de4 feat Al-Qaeda, the Taliban, the Islamic State of Iraq and 5 Syria (ISIS), and their associated forces and co-belliger6 ents. 7 (b) The report required under subsection (a) shall in- 8 clude the following: 9 (1) An analysis of the adequacy of the existing 10 legal framework to accomplish the strategy described 11 in subsection (a), particularly with respect to the 12 Authorization for Use of Military Force (Public Law 13 107–40; 50 U.S.C. 1541 note) and the Authoriza- 14 tion for Use of Military Force Against Iraq Resolu- 15 tion of 2002 (Public Law 107–243; 50 U.S.C. 1541 16 note). 17 (2) An analysis of the budgetary resources nec- 18 essary to accomplish the strategy described in sub- 19 section (a). 20 (c) Not later than 30 days after the date on which 21 the President submits to the appropriate congressional 22 committees the report required by subsection (a), the Sec23 retary of State and the Secretary of Defense shall testify 24 at any hearing held by any of the appropriate congres- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 402 1 sional committees on the report and to which the Sec2 retary is invited. 3 (d) In this section, the term ‘‘appropriate congres- 4 sional committees’’ means— 5 (1) the Committees on Foreign Relations, 6 Armed Services and Appropriations of the Senate; 7 and 8 (2) the Committees on Foreign Affairs, Armed 9 Services and Appropriations of the House of Rep- 10 resentatives. 11 SEC. 9022. Funds available for the Afghanistan Se- 12 curity Forces Fund may be used to provide limited train13 ing, equipment, and other assistance that would otherwise 14 be prohibited by 10 U.S.C. 362 to a unit of the security 15 forces of Afghanistan only if the Secretary certifies to the 16 congressional defense committees, within 30 days of a de17 cision to provide such assistance, that (1) a denial of such 18 assistance would present significant risk to U.S. or coali19 tion forces or significantly undermine United States na20 tional security objectives in Afghanistan; and (2) the Sec21 retary has sought a commitment by the Government of 22 Afghanistan to take all necessary corrective steps: Pro23 vided, That such certification shall be accompanied by a 24 report describing: (1) the information relating to the gross 25 violation of human rights; (2) the circumstances that ne- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 403 1 cessitated the provision of such assistance; (3) the Afghan 2 security force unit involved; (4) the assistance provided 3 and the assistance withheld; and (5) the corrective steps 4 to be taken by the Government of Afghanistan: Provided 5 further, That every 120 days after the initial report an 6 additional report shall be submitted detailing the status 7 of any corrective steps taken by the Government of Af8 ghanistan: Provided further, That if the Government of Af9 ghanistan has not initiated necessary corrective steps 10 within one year of the certification, the authority under 11 this section to provide assistance to such unit shall no 12 longer apply: Provided further, That the Secretary shall 13 submit a report to such committees detailing the final dis14 position of the case by the Government of Afghanistan. 15 This division may be cited as the ‘‘Department of De- 16 fense Appropriations Act, 2018’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 404 1 DIVISION D—ENERGY AND WATER DEVEL2 OPMENT AND RELATED AGENCIES AP- 3 PROPRIATIONS ACT, 2018 4 TITLE I 5 CORPS OF ENGINEERS—CIVIL 6 DEPARTMENT OF THE ARMY 7 8 CORPS OF ENGINEERS—CIVIL The following appropriations shall be expended under 9 the direction of the Secretary of the Army and the super10 vision of the Chief of Engineers for authorized civil func11 tions of the Department of the Army pertaining to river 12 and harbor, flood and storm damage reduction, shore pro13 tection, aquatic ecosystem restoration, and related efforts. 14 15 INVESTIGATIONS For expenses necessary where authorized by law for 16 the collection and study of basic information pertaining 17 to river and harbor, flood and storm damage reduction, 18 shore protection, aquatic ecosystem restoration, and re19 lated needs; for surveys and detailed studies, and plans 20 and specifications of proposed river and harbor, flood and 21 storm damage reduction, shore protection, and aquatic 22 ecosystem restoration projects, and related efforts prior to 23 construction; for restudy of authorized projects; and for 24 miscellaneous investigations, and, when authorized by law, 25 surveys and detailed studies, and plans and specifications March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 405 1 of projects prior to construction, $123,000,000, to remain 2 available until expended: Provided, That the Secretary 3 shall initiate six new study starts during fiscal year 2018: 4 Provided further, That the new study starts shall consist 5 of five studies where the majority of the benefits are de6 rived from navigation transportation savings or from flood 7 and storm damage reduction and one study where the ma8 jority of benefits are derived from environmental restora9 tion: Provided further, That the Secretary shall not deviate 10 from the new starts proposed in the work plan, once the 11 plan has been submitted to the Committees on Appropria12 tions of both Houses of Congress. 13 14 CONSTRUCTION For expenses necessary for the construction of river 15 and harbor, flood and storm damage reduction, shore pro16 tection, aquatic ecosystem restoration, and related 17 projects authorized by law; for conducting detailed studies, 18 and plans and specifications, of such projects (including 19 those involving participation by States, local governments, 20 or private groups) authorized or made eligible for selection 21 by law (but such detailed studies, and plans and specifica22 tions, shall not constitute a commitment of the Govern23 ment to construction); $2,085,000,000, to remain avail24 able until expended; of which such sums as are necessary 25 to cover the Federal share of construction costs for facili- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 406 1 ties under the Dredged Material Disposal Facilities pro2 gram shall be derived from the Harbor Maintenance Trust 3 Fund as authorized by Public Law 104–303; and of which 4 such sums as are necessary to cover one-half of the costs 5 of construction, replacement, rehabilitation, and expansion 6 of inland waterways projects shall be derived from the In7 land Waterways Trust Fund, except as otherwise specifi8 cally provided for in law: Provided, That the Secretary 9 shall initiate five new construction starts during fiscal year 10 2018: Provided further, That the new construction starts 11 shall consist of four projects where the majority of the 12 benefits are derived from navigation transportation sav13 ings or from flood and storm damage reduction and one 14 project where the majority of the benefits are derived from 15 environmental restoration: Provided further, That for new 16 construction projects, project cost sharing agreements 17 shall be executed as soon as practicable but no later than 18 September 30, 2018: Provided further, That no allocation 19 for a new start shall be considered final and no work al20 lowance shall be made until the Secretary provides to the 21 Committees on Appropriations of both Houses of Congress 22 an out-year funding scenario demonstrating the afford23 ability of the selected new starts and the impacts on other 24 projects: Provided further, That the Secretary may not de25 viate from the new starts proposed in the work plan, once March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 407 1 the plan has been submitted to the Committees on Appro2 priations of both Houses of Congress. 3 4 MISSISSIPPI RIVER AND TRIBUTARIES For expenses necessary for flood damage reduction 5 projects and related efforts in the Mississippi River allu6 vial valley below Cape Girardeau, Missouri, as authorized 7 by law, $425,000,000, to remain available until expended, 8 of which such sums as are necessary to cover the Federal 9 share of eligible operation and maintenance costs for in10 land harbors shall be derived from the Harbor Mainte11 nance Trust Fund: Provided, That the Secretary shall ini12 tiate one new study start during fiscal year 2018. 13 14 OPERATION AND MAINTENANCE For expenses necessary for the operation, mainte- 15 nance, and care of existing river and harbor, flood and 16 storm damage reduction, aquatic ecosystem restoration, 17 and related projects authorized by law; providing security 18 for infrastructure owned or operated by the Corps, includ19 ing administrative buildings and laboratories; maintaining 20 harbor channels provided by a State, municipality, or 21 other public agency that serve essential navigation needs 22 of general commerce, where authorized by law; surveying 23 and charting northern and northwestern lakes and con24 necting waters; clearing and straightening channels; and 25 removing obstructions to navigation, $3,630,000,000, to March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 408 1 remain available until expended, of which such sums as 2 are necessary to cover the Federal share of eligible oper3 ation and maintenance costs for coastal harbors and chan4 nels, and for inland harbors shall be derived from the Har5 bor Maintenance Trust Fund; of which such sums as be6 come available from the special account for the Corps of 7 Engineers established by the Land and Water Conserva8 tion Fund Act of 1965 shall be derived from that account 9 for resource protection, research, interpretation, and 10 maintenance activities related to resource protection in the 11 areas at which outdoor recreation is available; and of 12 which such sums as become available from fees collected 13 under section 217 of Public Law 104–303 shall be used 14 to cover the cost of operation and maintenance of the 15 dredged material disposal facilities for which such fees 16 have been collected: Provided, That 1 percent of the total 17 amount of funds provided for each of the programs, 18 projects, or activities funded under this heading shall not 19 be allocated to a field operating activity prior to the begin20 ning of the fourth quarter of the fiscal year and shall be 21 available for use by the Chief of Engineers to fund such 22 emergency activities as the Chief of Engineers determines 23 to be necessary and appropriate, and that the Chief of En24 gineers shall allocate during the fourth quarter any re25 maining funds which have not been used for emergency March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 409 1 activities proportionally in accordance with the amounts 2 provided for the programs, projects, or activities. 3 REGULATORY PROGRAM 4 For expenses necessary for administration of laws 5 pertaining to regulation of navigable waters and wetlands, 6 $200,000,000, to remain available until September 30, 7 2019. 8 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 9 For expenses necessary to clean up contamination 10 from sites in the United States resulting from work per11 formed as part of the Nation’s early atomic energy pro12 gram, $139,000,000, to remain available until expended. 13 14 FLOOD CONTROL AND COASTAL EMERGENCIES For expenses necessary to prepare for flood, hurri- 15 cane, and other natural disasters and support emergency 16 operations, repairs, and other activities in response to 17 such disasters as authorized by law, $35,000,000, to re18 main available until expended. 19 20 EXPENSES For expenses necessary for the supervision and gen- 21 eral administration of the civil works program in the head22 quarters of the Corps of Engineers and the offices of the 23 Division Engineers; and for costs of management and op24 eration of the Humphreys Engineer Center Support Activ25 ity, the Institute for Water Resources, the United States March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 410 1 Army Engineer Research and Development Center, and 2 the United States Army Corps of Engineers Finance Cen3 ter allocable to the civil works program, $185,000,000, to 4 remain available until September 30, 2019, of which not 5 to exceed $5,000 may be used for official reception and 6 representation purposes and only during the current fiscal 7 year: Provided, That no part of any other appropriation 8 provided in this title shall be available to fund the civil 9 works activities of the Office of the Chief of Engineers 10 or the civil works executive direction and management ac11 tivities of the division offices: Provided further, That any 12 Flood Control and Coastal Emergencies appropriation 13 may be used to fund the supervision and general adminis14 tration of emergency operations, repairs, and other activi15 ties in response to any flood, hurricane, or other natural 16 disaster. 17 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 18 FOR CIVIL WORKS 19 For the Office of the Assistant Secretary of the Army 20 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 21 $5,000,000, to remain available until September 30, 2019: 22 Provided, That not more than 75 percent of such amount 23 may be obligated or expended until the Assistant Sec24 retary submits to the Committees on Appropriations of 25 both Houses of Congress a work plan that allocates at March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 411 1 least 95 percent of the additional funding provided under 2 each heading in this title (as designated under such head3 ing in the explanatory statement described in section 4 4 (in the matter preceding division A of this consolidated 5 Act)) to specific programs, projects, or activities. 6 GENERAL PROVISIONS—CORPS OF 7 ENGINEERS—CIVIL 8 (INCLUDING TRANSFER OF FUNDS) 9 SEC. 101. (a) None of the funds provided in title I 10 of this Act, or provided by previous appropriations Acts 11 to the agencies or entities funded in title I of this Act 12 that remain available for obligation or expenditure in fiscal 13 year 2018, shall be available for obligation or expenditure 14 through a reprogramming of funds that: 15 16 (1) creates or initiates a new program, project, or activity; 17 (2) eliminates a program, project, or activity; 18 (3) increases funds or personnel for any pro- 19 gram, project, or activity for which funds have been 20 denied or restricted by this Act, unless prior ap- 21 proval is received from the House and Senate Com- 22 mittees on Appropriations; 23 (4) proposes to use funds directed for a specific 24 activity for a different purpose, unless prior approval March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 412 1 is received from the House and Senate Committees 2 on Appropriations; 3 (5) augments or reduces existing programs, 4 projects, or activities in excess of the amounts con- 5 tained in paragraphs (6) through (10), unless prior 6 approval is received from the House and Senate 7 Committees on Appropriations; 8 (6) INVESTIGATIONS.—For a base level over 9 $100,000, reprogramming of 25 percent of the base 10 amount up to a limit of $150,000 per project, study 11 or activity is allowed: Provided, That for a base level 12 less than $100,000, the reprogramming limit is 13 $25,000: Provided further, That up to $25,000 may 14 be reprogrammed into any continuing study or activ- 15 ity that did not receive an appropriation for existing 16 obligations and concomitant administrative expenses; 17 (7) CONSTRUCTION.—For a base level over 18 $2,000,000, reprogramming of 15 percent of the 19 base amount up to a limit of $3,000,000 per project, 20 study or activity is allowed: Provided, That for a 21 base level less than $2,000,000, the reprogramming 22 limit is $300,000: Provided further, That up to 23 $3,000,000 may be reprogrammed for settled con- 24 tractor claims, changed conditions, or real estate de- 25 ficiency judgments: Provided further, That up to March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 413 1 $300,000 may be reprogrammed into any continuing 2 study or activity that did not receive an appropria- 3 tion for existing obligations and concomitant admin- 4 istrative expenses; 5 (8) OPERATION AND MAINTENANCE.—Unlim- 6 ited reprogramming authority is granted for the 7 Corps to be able to respond to emergencies: Pro- 8 vided, That the Chief of Engineers shall notify the 9 House and Senate Committees on Appropriations of 10 these emergency actions as soon thereafter as prac- 11 ticable: Provided further, That for a base level over 12 $1,000,000, reprogramming of 15 percent of the 13 base amount up to a limit of $5,000,000 per project, 14 study, or activity is allowed: Provided further, That 15 for a base level less than $1,000,000, the re- 16 programming limit is $150,000: Provided further, 17 That $150,000 may be reprogrammed into any con- 18 tinuing study or activity that did not receive an ap- 19 propriation; 20 (9) MISSISSIPPI RIVER AND TRIBUTARIES.— 21 The reprogramming guidelines in paragraphs (6), 22 (7), and (8) shall apply to the Investigations, Con- 23 struction, and Operation and Maintenance portions 24 of the Mississippi River and Tributaries Account, re- 25 spectively; and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 414 1 (10) FORMERLY UTILIZED SITES REMEDIAL AC- 2 TION PROGRAM.—Reprogramming 3 cent of the base of the receiving project is permitted. 4 (b) DE MINIMUS REPROGRAMMINGS.—In no case of up to 15 per- 5 should a reprogramming for less than $50,000 be sub6 mitted to the House and Senate Committees on Appro7 priations. 8 (c) CONTINUING AUTHORITIES PROGRAM.—Sub- 9 section (a)(1) shall not apply to any project or activity 10 funded under the continuing authorities program. 11 (d) Not later than 60 days after the date of enact- 12 ment of this Act, the Secretary shall submit a report to 13 the House and Senate Committees on Appropriations to 14 establish the baseline for application of reprogramming 15 and transfer authorities for the current fiscal year which 16 shall include: 17 (1) A table for each appropriation with a sepa- 18 rate column to display the President’s budget re- 19 quest, adjustments made by Congress, adjustments 20 due to enacted rescissions, if applicable, and the fis- 21 cal year enacted level; and 22 (2) A delineation in the table for each appro- 23 priation both by object class and program, project 24 and activity as detailed in the budget appendix for 25 the respective appropriations; and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 415 1 (3) An identification of items of special congres- 2 sional interest. 3 SEC. 102. The Secretary shall allocate funds made 4 available in this Act solely in accordance with the provi5 sions of this Act and the explanatory statement described 6 in section 4 (in the matter preceding division A of this 7 consolidated Act), including the determination and des8 ignation of new starts. 9 SEC. 103. None of the funds made available in this 10 title may be used to award or modify any contract that 11 commits funds beyond the amounts appropriated for that 12 program, project, or activity that remain unobligated, ex13 cept that such amounts may include any funds that have 14 been made available through reprogramming pursuant to 15 section 101. 16 SEC. 104. The Secretary of the Army may transfer 17 to the Fish and Wildlife Service, and the Fish and Wildlife 18 Service may accept and expend, up to $5,400,000 of funds 19 provided in this title under the heading ‘‘Operation and 20 Maintenance’’ to mitigate for fisheries lost due to Corps 21 of Engineers projects. 22 SEC. 105. None of the funds in this Act shall be used 23 for an open lake placement alternative for dredged mate24 rial, after evaluating the least costly, environmentally ac25 ceptable manner for the disposal or management of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 416 1 dredged material originating from Lake Erie or tributaries 2 thereto, unless it is approved under a State water quality 3 certification pursuant to section 401 of the Federal Water 4 Pollution Control Act (33 U.S.C. 1341): Provided, That 5 until an open lake placement alternative for dredged mate6 rial is approved under a State water quality certification, 7 the Corps of Engineers shall continue upland placement 8 of such dredged material consistent with the requirements 9 of section 101 of the Water Resources Development Act 10 of 1986 (33 U.S.C. 2211). 11 SEC. 106. None of the funds made available in this 12 title may be used for any acquisition of buoy chain that 13 is not consistent with 48 CFR 225.7007, subsections 14 (a)(1) and (a)(2). 15 SEC. 107. None of the funds made available by this 16 Act may be used to carry out any water supply reallocation 17 study under the Wolf Creek Dam, Lake Cumberland, Ken18 tucky, project authorized under the Act of July 24, 1946 19 (60 Stat. 636, ch. 595). 20 SEC. 108. None of the funds made available by this 21 Act may be used to require a permit for the discharge 22 of dredged or fill material under the Federal Water Pollu23 tion Control Act (33 U.S.C. 1251 et seq.) for the activities 24 identified in subparagraphs (A) and (C) of section 25 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 417 1 SEC. 109. Relative to the Rough River Lake Flowage 2 Easement Encroachment Resolution Plan, the Chief of 3 Engineers shall submit to the Committees on Appropria4 tions of both Houses of Congress, not later than 180 days 5 after the date of enactment of this Act, a report that in6 cludes an inventory of habitable structures and improve7 ments built, installed, or established in the flowage ease8 ment boundary; whether each such structure or improve9 ment in the inventory was built, installed or established 10 within the flowage easement boundary before or after the 11 surveys conducted by the Corps of Engineers in 2013, 12 2014, and 2015; and what notice landowners had of the 13 flowage easement boundary prior to those surveys. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 418 1 TITLE II 2 DEPARTMENT OF THE INTERIOR 3 CENTRAL UTAH PROJECT 4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT 5 For carrying out activities authorized by the Central 6 Utah Project Completion Act, $10,500,000, to remain 7 available until expended, of which $898,000 shall be de8 posited into the Utah Reclamation Mitigation and Con9 servation Account for use by the Utah Reclamation Miti10 gation and Conservation Commission: Provided, That of 11 the amount provided under this heading, $1,450,000 shall 12 be available until September 30, 2019, for expenses nec13 essary in carrying out related responsibilities of the Sec14 retary of the Interior: Provided further, That for fiscal 15 year 2018, of the amount made available to the Commis16 sion under this Act or any other Act, the Commission may 17 use an amount not to exceed $1,500,000 for administra18 tive expenses. 19 20 BUREAU OF RECLAMATION The following appropriations shall be expended to 21 execute authorized functions of the Bureau of Reclama22 tion: March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 419 1 WATER AND RELATED RESOURCES 2 (INCLUDING TRANSFERS OF FUNDS) 3 For management, development, and restoration of 4 water and related natural resources and for related activi5 ties, including the operation, maintenance, and rehabilita6 tion of reclamation and other facilities, participation in 7 fulfilling related Federal responsibilities to Native Ameri8 cans, and related grants to, and cooperative and other 9 agreements with, State and local governments, federally 10 recognized Indian tribes, and others, $1,332,124,000, to 11 remain available until expended, of which $67,693,000 12 shall be available for transfer to the Upper Colorado River 13 Basin Fund and $5,551,000 shall be available for transfer 14 to the Lower Colorado River Basin Development Fund; 15 of which such amounts as may be necessary may be ad16 vanced to the Colorado River Dam Fund: Provided, That 17 such transfers may be increased or decreased within the 18 overall appropriation under this heading: Provided further, 19 That of the total appropriated, the amount for program 20 activities that can be financed by the Reclamation Fund 21 or the Bureau of Reclamation special fee account estab22 lished by 16 U.S.C. 6806 shall be derived from that Fund 23 or account: Provided further, That funds contributed 24 under 43 U.S.C. 395 are available until expended for the 25 purposes for which the funds were contributed: Provided March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 420 1 further, That funds advanced under 43 U.S.C. 397a shall 2 be credited to this account and are available until ex3 pended for the same purposes as the sums appropriated 4 under this heading: Provided further, That of the amounts 5 provided herein, funds may be used for high-priority 6 projects which shall be carried out by the Youth Conserva7 tion Corps, as authorized by 16 U.S.C. 1706: Provided 8 further, That in accordance with section 4009(c) of Public 9 Law 114–322 and as recommended by the Secretary in 10 a letter dated November 21, 2017, funding provided for 11 such purpose in fiscal year 2017 shall be made available 12 to the North Valley Regional Recycled Water Program, 13 the Orange County Sanitation District Effluent Reuse Im14 plementation Project—Headworks Segregation, and the 15 Groundwater Reliability Improvement Program (GRIP) 16 Recycled Water Project: Provided further, That in accord17 ance with section 4007 of Public Law 114–322 and as 18 recommended by the Secretary in a letter dated February 19 23, 2018, funding provided for such purpose in fiscal year 20 2017 shall be made available to the Shasta Dam and Res21 ervoir Enlargement Project, the North-of-Delta Offstream 22 Storage Investigation/Sites Reservoir Storage Project, the 23 Upper San Joaquin River Basin Storage Investigation, the 24 Friant-Kern Canal Subsidence Challenges Project, the 25 Boise River Basin Feasibility Study, the Yakima River March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 421 1 Basin Water Enhancement Project—Cle Elum Pool Raise, 2 and the Upper Yakima System Storage Feasibility Study. 3 CENTRAL VALLEY PROJECT RESTORATION FUND 4 For carrying out the programs, projects, plans, habi- 5 tat restoration, improvement, and acquisition provisions of 6 the Central Valley Project Improvement Act, $41,376,000, 7 to be derived from such sums as may be collected in the 8 Central Valley Project Restoration Fund pursuant to sec9 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 10 102–575, to remain available until expended: Provided, 11 That the Bureau of Reclamation is directed to assess and 12 collect the full amount of the additional mitigation and 13 restoration payments authorized by section 3407(d) of 14 Public Law 102–575: Provided further, That none of the 15 funds made available under this heading may be used for 16 the acquisition or leasing of water for in-stream purposes 17 if the water is already committed to in-stream purposes 18 by a court adopted decree or order. 19 CALIFORNIA BAY-DELTA RESTORATION 20 (INCLUDING TRANSFERS OF FUNDS) 21 For carrying out activities authorized by the Water 22 Supply, Reliability, and Environmental Improvement Act, 23 consistent with plans to be approved by the Secretary of 24 the Interior, $37,000,000, to remain available until ex25 pended, of which such amounts as may be necessary to March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 422 1 carry out such activities may be transferred to appropriate 2 accounts of other participating Federal agencies to carry 3 out authorized purposes: Provided, That funds appro4 priated herein may be used for the Federal share of the 5 costs of CALFED Program management: Provided fur6 ther, That CALFED implementation shall be carried out 7 in a balanced manner with clear performance measures 8 demonstrating concurrent progress in achieving the goals 9 and objectives of the Program. 10 11 POLICY AND ADMINISTRATION For expenses necessary for policy, administration, 12 and related functions in the Office of the Commissioner, 13 the Denver office, and offices in the five regions of the 14 Bureau of Reclamation, to remain available until Sep15 tember 30, 2019, $59,000,000, to be derived from the 16 Reclamation Fund and be nonreimbursable as provided in 17 43 U.S.C. 377: Provided, That no part of any other appro18 priation in this Act shall be available for activities or func19 tions budgeted as policy and administration expenses. 20 21 ADMINISTRATIVE PROVISION Appropriations for the Bureau of Reclamation shall 22 be available for purchase of not to exceed five passenger 23 motor vehicles, which are for replacement only. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 423 1 GENERAL PROVISIONS—DEPARTMENT OF THE 2 3 INTERIOR SEC. 201. (a) None of the funds provided in title II 4 of this Act for Water and Related Resources, or provided 5 by previous or subsequent appropriations Acts to the agen6 cies or entities funded in title II of this Act for Water 7 and Related Resources that remain available for obligation 8 or expenditure in fiscal year 2018, shall be available for 9 obligation or expenditure through a reprogramming of 10 funds that— 11 12 (1) initiates or creates a new program, project, or activity; 13 (2) eliminates a program, project, or activity; 14 (3) increases funds for any program, project, or 15 activity for which funds have been denied or re- 16 stricted by this Act, unless prior approval is received 17 from the Committees on Appropriations of the 18 House of Representatives and the Senate; 19 (4) restarts or resumes any program, project or 20 activity for which funds are not provided in this Act, 21 unless prior approval is received from the Commit- 22 tees on Appropriations of the House of Representa- 23 tives and the Senate; 24 (5) transfers funds in excess of the following 25 limits, unless prior approval is received from the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 424 1 Committees on Appropriations of the House of Rep- 2 resentatives and the Senate: 3 (A) 15 percent for any program, project or 4 activity for which $2,000,000 or more is avail- 5 able at the beginning of the fiscal year; or 6 (B) $400,000 for any program, project or 7 activity for which less than $2,000,000 is avail- 8 able at the beginning of the fiscal year; 9 (6) transfers more than $500,000 from either 10 the Facilities Operation, Maintenance, and Rehabili- 11 tation category or the Resources Management and 12 Development category to any program, project, or 13 activity in the other category, unless prior approval 14 is received from the Committees on Appropriations 15 of the House of Representatives and the Senate; or 16 (7) transfers, where necessary to discharge legal 17 obligations of the Bureau of Reclamation, more than 18 $5,000,000 to provide adequate funds for settled 19 contractor claims, increased contractor earnings due 20 to accelerated rates of operations, and real estate de- 21 ficiency judgments, unless prior approval is received 22 from the Committees on Appropriations of the 23 House of Representatives and the Senate. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 425 1 (b) Subsection (a)(5) shall not apply to any transfer 2 of funds within the Facilities Operation, Maintenance, and 3 Rehabilitation category. 4 (c) For purposes of this section, the term transfer 5 means any movement of funds into or out of a program, 6 project, or activity. 7 (d) The Bureau of Reclamation shall submit reports 8 on a quarterly basis to the Committees on Appropriations 9 of the House of Representatives and the Senate detailing 10 all the funds reprogrammed between programs, projects, 11 activities, or categories of funding. The first quarterly re12 port shall be submitted not later than 60 days after the 13 date of enactment of this Act. 14 SEC. 202. (a) None of the funds appropriated or oth- 15 erwise made available by this Act may be used to deter16 mine the final point of discharge for the interceptor drain 17 for the San Luis Unit until development by the Secretary 18 of the Interior and the State of California of a plan, which 19 shall conform to the water quality standards of the State 20 of California as approved by the Administrator of the En21 vironmental Protection Agency, to minimize any detri22 mental effect of the San Luis drainage waters. 23 (b) The costs of the Kesterson Reservoir Cleanup 24 Program and the costs of the San Joaquin Valley Drain25 age Program shall be classified by the Secretary of the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 426 1 Interior as reimbursable or nonreimbursable and collected 2 until fully repaid pursuant to the ‘‘Cleanup Program— 3 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter4 native Repayment Plan’’ described in the report entitled 5 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro6 gram and San Joaquin Valley Drainage Program, Feb7 ruary 1995’’, prepared by the Department of the Interior, 8 Bureau of Reclamation. Any future obligations of funds 9 by the United States relating to, or providing for, drainage 10 service or drainage studies for the San Luis Unit shall 11 be fully reimbursable by San Luis Unit beneficiaries of 12 such service or studies pursuant to Federal reclamation 13 law. 14 SEC. 203. (a) Section 104(c) of the Reclamation 15 States Emergency Drought Relief Act of 1991 (43 U.S.C. 16 2214(c)) is amended by striking ‘‘2017’’ and inserting 17 ‘‘2020’’. 18 (b) Section 301 of the Reclamation States Emergency 19 Drought Relief Act of 1991 (43 U.S.C. 2241) is amended 20 by— 21 (1) striking ‘‘2017’’ and inserting ‘‘2020’’; and 22 (2) striking ‘‘$90,000,000’’ and inserting 23 ‘‘$120,000,000’’. 24 SEC. 204. Notwithstanding any other provision of 25 law, during the period from November 1 through April 30, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 427 1 water users may use their diversion structures for the pur2 pose of recharging the Eastern Snake Plain Aquifer, when 3 the Secretary, in consultation with the Advisory Com4 mittee and Water District 1 watermaster, determines 5 there is water available in excess of that needed to satisfy 6 existing Minidoka Project storage and hydropower rights 7 and ensure operational flexibility. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 428 1 TITLE III 2 DEPARTMENT OF ENERGY 3 ENERGY PROGRAMS 4 ENERGY EFFICIENCY 5 For Department of Energy expenses including the AND RENEWABLE ENERGY 6 purchase, construction, and acquisition of plant and cap7 ital equipment, and other expenses necessary for energy 8 efficiency and renewable energy activities in carrying out 9 the purposes of the Department of Energy Organization 10 Act (42 U.S.C. 7101 et seq.), including the acquisition or 11 condemnation of any real property or any facility or for 12 plant or facility acquisition, construction, or expansion, 13 $2,321,778,000, to remain available until expended: Pro14 vided, That of such amount, $162,500,000 shall be avail15 able until September 30, 2019, for program direction. 16 17 ELECTRICITY DELIVERY AND ENERGY RELIABILITY For Department of Energy expenses including the 18 purchase, construction, and acquisition of plant and cap19 ital equipment, and other expenses necessary for elec20 tricity delivery and energy reliability activities in carrying 21 out the purposes of the Department of Energy Organiza22 tion Act (42 U.S.C. 7101 et seq.), including the acquisi23 tion or condemnation of any real property or any facility 24 or for plant or facility acquisition, construction, or expan25 sion, $248,329,000, to remain available until expended: March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 429 1 Provided, That of such amount, $28,500,000 shall be 2 available until September 30, 2019, for program direction. 3 4 NUCLEAR ENERGY For Department of Energy expenses including the 5 purchase, construction, and acquisition of plant and cap6 ital equipment, and other expenses necessary for nuclear 7 energy activities in carrying out the purposes of the De8 partment of Energy Organization Act (42 U.S.C. 7101 et 9 seq.), including the acquisition or condemnation of any 10 real property or any facility or for plant or facility acquisi11 tion, construction, or expansion, $1,205,056,000, to re12 main available until expended: Provided, That of such 13 amount, $80,000,000 shall be available until September 14 30, 2019, for program direction. 15 FOSSIL ENERGY RESEARCH 16 For Department of Energy expenses necessary in car- AND DEVELOPMENT 17 rying out fossil energy research and development activi18 ties, under the authority of the Department of Energy Or19 ganization Act (42 U.S.C. 7101 et seq.), including the ac20 quisition of interest, including defeasible and equitable in21 terests in any real property or any facility or for plant 22 or facility acquisition or expansion, and for conducting in23 quiries, technological investigations and research con24 cerning the extraction, processing, use, and disposal of 25 mineral substances without objectionable social and envi- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 430 1 ronmental costs (30 U.S.C. 3, 1602, and 1603), 2 $726,817,000, to remain available until expended: Pro3 vided, That of such amount $60,000,000 shall be available 4 until September 30, 2019, for program direction. 5 NAVAL PETROLEUM 6 For Department of Energy expenses necessary to AND OIL SHALE RESERVES 7 carry out naval petroleum and oil shale reserve activities, 8 $4,900,000, to remain available until expended: Provided, 9 That notwithstanding any other provision of law, unobli10 gated funds remaining from prior years shall be available 11 for all naval petroleum and oil shale reserve activities. 12 13 STRATEGIC PETROLEUM RESERVE For Department of Energy expenses necessary for 14 Strategic Petroleum Reserve facility development and op15 erations and program management activities pursuant to 16 the Energy Policy and Conservation Act (42 U.S.C. 6201 17 et seq.), $252,000,000, to remain available until expended: 18 Provided, That, as authorized by section 404 of the Bipar19 tisan Budget Act of 2015 (Public Law 114–74; 42 U.S.C. 20 6239 note), the Secretary of Energy shall draw down and 21 sell not to exceed $350,000,000 of crude oil from the Stra22 tegic Petroleum Reserve in fiscal year 2018: Provided fur23 ther, That the proceeds from such drawdown and sale shall 24 be deposited into the ‘‘Energy Security and Infrastructure 25 Modernization Fund’’ during fiscal year 2018: Provided March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 431 1 further, That such amounts shall remain available until 2 expended for necessary expenses to carry out the Life Ex3 tension II project for the Strategic Petroleum Reserve: 4 Provided further, That section 158 of the Continuing Ap5 propriations Act, 2018 (division D of Public Law 115– 6 56), as amended by the Further Extension of Continuing 7 Appropriations Act, 2018 (subdivision 3 of division B of 8 Public Law 115–123), shall no longer apply. 9 10 SPR PETROLEUM ACCOUNT For the acquisition, transportation, and injection of 11 petroleum products, and for other necessary expenses pur12 suant to the Energy Policy and Conservation Act of 1975, 13 as amended (42 U.S.C. 6201 et seq.), sections 403 and 14 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 15 6241, 6239 note), and section 5010 of the 21st Century 16 Cures Act (Public Law 114–255), $8,400,000, to remain 17 available until expended. 18 19 NORTHEAST HOME HEATING OIL RESERVE For Department of Energy expenses necessary for 20 Northeast Home Heating Oil Reserve storage, operation, 21 and management activities pursuant to the Energy Policy 22 and Conservation Act (42 U.S.C. 6201 et seq.), 23 $6,500,000, to remain available until expended. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 432 1 2 ENERGY INFORMATION ADMINISTRATION For Department of Energy expenses necessary in car- 3 rying out the activities of the Energy Information Admin4 istration, $125,000,000, to remain available until ex5 pended. 6 7 NON-DEFENSE ENVIRONMENTAL CLEANUP For Department of Energy expenses, including the 8 purchase, construction, and acquisition of plant and cap9 ital equipment and other expenses necessary for non-de10 fense environmental cleanup activities in carrying out the 11 purposes of the Department of Energy Organization Act 12 (42 U.S.C. 7101 et seq.), including the acquisition or con13 demnation of any real property or any facility or for plant 14 or facility acquisition, construction, or expansion, 15 $298,400,000, to remain available until expended. 16 17 18 URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND For Department of Energy expenses necessary in car- 19 rying out uranium enrichment facility decontamination 20 and decommissioning, remedial actions, and other activi21 ties of title II of the Atomic Energy Act of 1954, and 22 title X, subtitle A, of the Energy Policy Act of 1992, 23 $840,000,000, to be derived from the Uranium Enrich24 ment Decontamination and Decommissioning Fund, to re25 main available until expended, of which $35,732,000 shall March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 433 1 be available in accordance with title X, subtitle A, of the 2 Energy Policy Act of 1992. 3 4 SCIENCE For Department of Energy expenses including the 5 purchase, construction, and acquisition of plant and cap6 ital equipment, and other expenses necessary for science 7 activities in carrying out the purposes of the Department 8 of Energy Organization Act (42 U.S.C. 7101 et seq.), in9 cluding the acquisition or condemnation of any real prop10 erty or facility or for plant or facility acquisition, construc11 tion, or expansion, and purchase of not more than 16 pas12 senger motor vehicles for replacement only, including one 13 ambulance and one bus, $6,259,903,000, to remain avail14 able until expended: Provided, That of such amount, 15 $183,000,000 shall be available until September 30, 2019, 16 for program direction. 17 18 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY For Department of Energy expenses necessary in car- 19 rying out the activities authorized by section 5012 of the 20 America COMPETES Act (Public Law 110–69), 21 $353,314,000, to remain available until expended: Pro22 vided, That of such amount, $29,250,000 shall be avail23 able until September 30, 2019, for program direction. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 434 1 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 2 3 PROGRAM Such sums as are derived from amounts received 4 from borrowers pursuant to section 1702(b) of the Energy 5 Policy Act of 2005 under this heading in prior Acts, shall 6 be collected in accordance with section 502(7) of the Con7 gressional Budget Act of 1974: Provided, That for nec8 essary administrative expenses to carry out this Loan 9 Guarantee program, $33,000,000 is appropriated from 10 fees collected in prior years pursuant to section 1702(h) 11 of the Energy Policy Act of 2005 which are not otherwise 12 appropriated, to remain available until September 30, 13 2019: Provided further, That if the amount in the previous 14 proviso is not available from such fees, an amount for such 15 purposes is also appropriated from the general fund so as 16 to result in a total amount appropriated for such purpose 17 of no more than $23,000,000: Provided further, That fees 18 collected pursuant to such section 1702(h) for fiscal year 19 2018 shall be credited as offsetting collections under this 20 heading and shall not be available until appropriated: Pro21 vided further, That the Department of Energy shall not 22 subordinate any loan obligation to other financing in viola23 tion of section 1702 of the Energy Policy Act of 2005 or 24 subordinate any Guaranteed Obligation to any loan or March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 435 1 other debt obligations in violation of section 609.10 of title 2 10, Code of Federal Regulations. 3 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 4 LOAN PROGRAM 5 For Department of Energy administrative expenses 6 necessary in carrying out the Advanced Technology Vehi7 cles Manufacturing Loan Program, $5,000,000, to remain 8 available until September 30, 2019. 9 10 TRIBAL ENERGY LOAN GUARANTEE PROGRAM For Department of Energy administrative expenses 11 necessary in carrying out the Tribal Energy Loan Guar12 antee Program, $1,000,000, to remain available until Sep13 tember 30, 2019. 14 15 DEPARTMENTAL ADMINISTRATION For salaries and expenses of the Department of En- 16 ergy necessary for departmental administration in car17 rying out the purposes of the Department of Energy Orga18 nization Act (42 U.S.C. 7101 et seq.), $285,652,000, to 19 remain available until September 30, 2019, including the 20 hire of passenger motor vehicles and official reception and 21 representation expenses not to exceed $30,000, plus such 22 additional amounts as necessary to cover increases in the 23 estimated amount of cost of work for others notwith24 standing the provisions of the Anti-Deficiency Act (31 25 U.S.C. 1511 et seq.): Provided, That such increases in March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 436 1 cost of work are offset by revenue increases of the same 2 or greater amount: Provided further, That moneys received 3 by the Department for miscellaneous revenues estimated 4 to total $96,000,000 in fiscal year 2018 may be retained 5 and used for operating expenses within this account, as 6 authorized by section 201 of Public Law 95–238, notwith7 standing the provisions of 31 U.S.C. 3302: Provided fur8 ther, That the sum herein appropriated shall be reduced 9 as collections are received during the fiscal year so as to 10 result in a final fiscal year 2018 appropriation from the 11 general fund estimated at not more than $189,652,000. 12 13 OFFICE OF THE INSPECTOR GENERAL For expenses necessary for the Office of the Inspector 14 General in carrying out the provisions of the Inspector 15 General Act of 1978, $49,000,000, to remain available 16 until September 30, 2019. 17 ATOMIC ENERGY DEFENSE ACTIVITIES 18 NATIONAL NUCLEAR SECURITY 19 ADMINISTRATION 20 WEAPONS ACTIVITIES 21 For Department of Energy expenses, including the 22 purchase, construction, and acquisition of plant and cap23 ital equipment and other incidental expenses necessary for 24 atomic energy defense weapons activities in carrying out 25 the purposes of the Department of Energy Organization March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 437 1 Act (42 U.S.C. 7101 et seq.), including the acquisition or 2 condemnation of any real property or any facility or for 3 plant or facility acquisition, construction, or expansion, 4 $10,642,138,000, to remain available until expended: Pro5 vided, That of such amount, $105,600,000 shall be avail6 able until September 30, 2019, for program direction. 7 DEFENSE NUCLEAR NONPROLIFERATION 8 (INCLUDING RESCISSION OF FUNDS) 9 For Department of Energy expenses, including the 10 purchase, construction, and acquisition of plant and cap11 ital equipment and other incidental expenses necessary for 12 defense nuclear nonproliferation activities, in carrying out 13 the purposes of the Department of Energy Organization 14 Act (42 U.S.C. 7101 et seq.), including the acquisition or 15 condemnation of any real property or any facility or for 16 plant or facility acquisition, construction, or expansion, 17 $2,048,219,000, to remain available until expended: Pro18 vided, That of the unobligated balances from prior year 19 appropriations available under this heading, $49,000,000 20 is hereby rescinded: Provided further, That no amounts 21 may be rescinded from amounts that were designated by 22 the Congress as an emergency requirement pursuant to 23 a concurrent resolution on the budget or the Balanced 24 Budget and Emergency Deficit Control Act of 1985. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 438 1 NAVAL REACTORS 2 (INCLUDING TRANSFER OF FUNDS) 3 For Department of Energy expenses necessary for 4 naval reactors activities to carry out the Department of 5 Energy Organization Act (42 U.S.C. 7101 et seq.), includ6 ing the acquisition (by purchase, condemnation, construc7 tion, or otherwise) of real property, plant, and capital 8 equipment, facilities, and facility expansion, 9 $1,620,000,000, to remain available until expended, of 10 which, $85,500,000 shall be transferred to ‘‘Department 11 of Energy—Energy Programs—Nuclear Energy’’, for the 12 Advanced Test Reactor: Provided, That of such amount, 13 $47,651,000 shall be available until September 30, 2019, 14 for program direction. 15 16 FEDERAL SALARIES AND EXPENSES For expenses necessary for Federal Salaries and Ex- 17 penses in the National Nuclear Security Administration, 18 $407,595,000, to remain available until September 30, 19 2019, including official reception and representation ex20 penses not to exceed $12,000. 21 ENVIRONMENTAL AND OTHER DEFENSE 22 ACTIVITIES 23 DEFENSE ENVIRONMENTAL CLEANUP 24 For Department of Energy expenses, including the 25 purchase, construction, and acquisition of plant and cap- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 439 1 ital equipment and other expenses necessary for atomic 2 energy defense environmental cleanup activities in car3 rying out the purposes of the Department of Energy Orga4 nization Act (42 U.S.C. 7101 et seq.), including the acqui5 sition or condemnation of any real property or any facility 6 or for plant or facility acquisition, construction, or expan7 sion, $5,988,048,000, to remain available until expended: 8 Provided, That of such amount, $300,000,000 shall be 9 available until September 30, 2019, for program direction. 10 11 OTHER DEFENSE ACTIVITIES For Department of Energy expenses, including the 12 purchase, construction, and acquisition of plant and cap13 ital equipment and other expenses, necessary for atomic 14 energy defense, other defense activities, and classified ac15 tivities, in carrying out the purposes of the Department 16 of Energy Organization Act (42 U.S.C. 7101 et seq.), in17 cluding the acquisition or condemnation of any real prop18 erty or any facility or for plant or facility acquisition, con19 struction, or expansion, $840,000,000, to remain available 20 until expended: Provided, That of such amount, 21 $284,653,000 shall be available until September 30, 2019, 22 for program direction. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 440 1 POWER MARKETING ADMINISTRATIONS 2 BONNEVILLE POWER ADMINISTRATION FUND 3 Expenditures from the Bonneville Power Administra- 4 tion Fund, established pursuant to Public Law 93–454, 5 are approved for official reception and representation ex6 penses in an amount not to exceed $5,000: Provided, That 7 during fiscal year 2018, no new direct loan obligations 8 may be made. 9 OPERATION 10 11 AND MAINTENANCE, SOUTHEASTERN POWER ADMINISTRATION For expenses necessary for operation and mainte- 12 nance of power transmission facilities and for marketing 13 electric power and energy, including transmission wheeling 14 and ancillary services, pursuant to section 5 of the Flood 15 Control Act of 1944 (16 U.S.C. 825s), as applied to the 16 southeastern power area, $6,379,000, including official re17 ception and representation expenses in an amount not to 18 exceed $1,500, to remain available until expended: Pro19 vided, That notwithstanding 31 U.S.C. 3302 and section 20 5 of the Flood Control Act of 1944, up to $6,379,000 col21 lected by the Southeastern Power Administration from the 22 sale of power and related services shall be credited to this 23 account as discretionary offsetting collections, to remain 24 available until expended for the sole purpose of funding 25 the annual expenses of the Southeastern Power Adminis- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 441 1 tration: Provided further, That the sum herein appro2 priated for annual expenses shall be reduced as collections 3 are received during the fiscal year so as to result in a final 4 fiscal year 2018 appropriation estimated at not more than 5 $0: Provided further, That notwithstanding 31 U.S.C. 6 3302, up to $51,000,000 collected by the Southeastern 7 Power Administration pursuant to the Flood Control Act 8 of 1944 to recover purchase power and wheeling expenses 9 shall be credited to this account as offsetting collections, 10 to remain available until expended for the sole purpose 11 of making purchase power and wheeling expenditures: 12 Provided further, That for purposes of this appropriation, 13 annual expenses means expenditures that are generally re14 covered in the same year that they are incurred (excluding 15 purchase power and wheeling expenses). 16 17 18 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER ADMINISTRATION For expenses necessary for operation and mainte- 19 nance of power transmission facilities and for marketing 20 electric power and energy, for construction and acquisition 21 of transmission lines, substations and appurtenant facili22 ties, and for administrative expenses, including official re23 ception and representation expenses in an amount not to 24 exceed $1,500 in carrying out section 5 of the Flood Con25 trol Act of 1944 (16 U.S.C. 825s), as applied to the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 442 1 Southwestern Power Administration, $30,288,000, to re2 main available until expended: Provided, That notwith3 standing 31 U.S.C. 3302 and section 5 of the Flood Con4 trol Act of 1944 (16 U.S.C. 825s), up to $18,888,000 col5 lected by the Southwestern Power Administration from 6 the sale of power and related services shall be credited to 7 this account as discretionary offsetting collections, to re8 main available until expended, for the sole purpose of 9 funding the annual expenses of the Southwestern Power 10 Administration: Provided further, That the sum herein ap11 propriated for annual expenses shall be reduced as collec12 tions are received during the fiscal year so as to result 13 in a final fiscal year 2018 appropriation estimated at not 14 more than $11,400,000: Provided further, That notwith15 standing 31 U.S.C. 3302, up to $40,000,000 collected by 16 the Southwestern Power Administration pursuant to the 17 Flood Control Act of 1944 to recover purchase power and 18 wheeling expenses shall be credited to this account as off19 setting collections, to remain available until expended for 20 the sole purpose of making purchase power and wheeling 21 expenditures: Provided further, That for purposes of this 22 appropriation, annual expenses means expenditures that 23 are generally recovered in the same year that they are in24 curred (excluding purchase power and wheeling expenses). March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 443 1 CONSTRUCTION, REHABILITATION, OPERATION AND 2 MAINTENANCE, WESTERN AREA POWER ADMINIS- 3 TRATION 4 For carrying out the functions authorized by title III, 5 section 302(a)(1)(E) of the Act of August 4, 1977 (42 6 U.S.C. 7152), and other related activities including con7 servation and renewable resources programs as author8 ized, $223,276,000, including official reception and rep9 resentation expenses in an amount not to exceed $1,500, 10 to remain available until expended, of which $221,251,000 11 shall be derived from the Department of the Interior Rec12 lamation Fund: Provided, That notwithstanding 31 U.S.C. 13 3302, section 5 of the Flood Control Act of 1944 (16 14 U.S.C. 825s), and section 1 of the Interior Department 15 Appropriation Act, 1939 (43 U.S.C. 392a), up to 16 $129,904,000 collected by the Western Area Power Ad17 ministration from the sale of power and related services 18 shall be credited to this account as discretionary offsetting 19 collections, to remain available until expended, for the sole 20 purpose of funding the annual expenses of the Western 21 Area Power Administration: Provided further, That the 22 sum herein appropriated for annual expenses shall be re23 duced as collections are received during the fiscal year so 24 as to result in a final fiscal year 2018 appropriation esti25 mated at not more than $93,372,000, of which March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 444 1 $91,347,000 is derived from the Reclamation Fund: Pro2 vided further, That notwithstanding 31 U.S.C. 3302, up 3 to $209,000,000 collected by the Western Area Power Ad4 ministration pursuant to the Flood Control Act of 1944 5 and the Reclamation Project Act of 1939 to recover pur6 chase power and wheeling expenses shall be credited to 7 this account as offsetting collections, to remain available 8 until expended for the sole purpose of making purchase 9 power and wheeling expenditures: Provided further, That 10 for purposes of this appropriation, annual expenses means 11 expenditures that are generally recovered in the same year 12 that they are incurred (excluding purchase power and 13 wheeling expenses). 14 FALCON 15 16 AND AMISTAD OPERATING AND MAINTENANCE FUND For operation, maintenance, and emergency costs for 17 the hydroelectric facilities at the Falcon and Amistad 18 Dams, $4,176,000, to remain available until expended, 19 and to be derived from the Falcon and Amistad Operating 20 and Maintenance Fund of the Western Area Power Ad21 ministration, as provided in section 2 of the Act of June 22 18, 1954 (68 Stat. 255): Provided, That notwithstanding 23 the provisions of that Act and of 31 U.S.C. 3302, up to 24 $3,948,000 collected by the Western Area Power Adminis25 tration from the sale of power and related services from March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 445 1 the Falcon and Amistad Dams shall be credited to this 2 account as discretionary offsetting collections, to remain 3 available until expended for the sole purpose of funding 4 the annual expenses of the hydroelectric facilities of these 5 Dams and associated Western Area Power Administration 6 activities: Provided further, That the sum herein appro7 priated for annual expenses shall be reduced as collections 8 are received during the fiscal year so as to result in a final 9 fiscal year 2018 appropriation estimated at not more than 10 $228,000: Provided further, That for purposes of this ap11 propriation, annual expenses means expenditures that are 12 generally recovered in the same year that they are in13 curred: Provided further, That for fiscal year 2018, the 14 Administrator of the Western Area Power Administration 15 may accept up to $872,000 in funds contributed by United 16 States power customers of the Falcon and Amistad Dams 17 for deposit into the Falcon and Amistad Operating and 18 Maintenance Fund, and such funds shall be available for 19 the purpose for which contributed in like manner as if said 20 sums had been specifically appropriated for such purpose: 21 Provided further, That any such funds shall be available 22 without further appropriation and without fiscal year limi23 tation for use by the Commissioner of the United States 24 Section of the International Boundary and Water Com25 mission for the sole purpose of operating, maintaining, re- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 446 1 pairing, rehabilitating, replacing, or upgrading the hydro2 electric facilities at these Dams in accordance with agree3 ments reached between the Administrator, Commissioner, 4 and the power customers. 5 FEDERAL ENERGY REGULATORY COMMISSION 6 SALARIES AND EXPENSES 7 For expenses necessary for the Federal Energy Regu- 8 latory Commission to carry out the provisions of the De9 partment of Energy Organization Act (42 U.S.C. 7101 et 10 seq.), including services as authorized by 5 U.S.C. 3109, 11 official reception and representation expenses not to ex12 ceed $3,000, and the hire of passenger motor vehicles, 13 $367,600,000, to remain available until expended: Pro14 vided, That notwithstanding any other provision of law, 15 not to exceed $367,600,000 of revenues from fees and an16 nual charges, and other services and collections in fiscal 17 year 2018 shall be retained and used for expenses nec18 essary in this account, and shall remain available until ex19 pended: Provided further, That the sum herein appro20 priated from the general fund shall be reduced as revenues 21 are received during fiscal year 2018 so as to result in a 22 final fiscal year 2018 appropriation from the general fund 23 estimated at not more than $0. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 447 1 GENERAL PROVISIONS—DEPARTMENT OF 2 ENERGY 3 (INCLUDING TRANSFERS OF FUNDS) 4 SEC. 301. (a) No appropriation, funds, or authority 5 made available by this title for the Department of Energy 6 shall be used to initiate or resume any program, project, 7 or activity or to prepare or initiate Requests For Proposals 8 or similar arrangements (including Requests for 9 Quotations, Requests for Information, and Funding Op10 portunity Announcements) for a program, project, or ac11 tivity if the program, project, or activity has not been 12 funded by Congress. 13 (b)(1) Unless the Secretary of Energy notifies the 14 Committees on Appropriations of both Houses of Congress 15 at least 3 full business days in advance, none of the funds 16 made available in this title may be used to— 17 18 (A) make a grant allocation or discretionary grant award totaling $1,000,000 or more; 19 (B) make a discretionary contract award or 20 Other Transaction Agreement totaling $1,000,000 21 or more, including a contract covered by the Federal 22 Acquisition Regulation; 23 (C) issue a letter of intent to make an alloca- 24 tion, award, or Agreement in excess of the limits in 25 subparagraph (A) or (B); or March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 448 1 (D) announce publicly the intention to make an 2 allocation, award, or Agreement in excess of the lim- 3 its in subparagraph (A) or (B). 4 (2) The Secretary of Energy shall submit to the Com- 5 mittees on Appropriations of both Houses of Congress 6 within 15 days of the conclusion of each quarter a report 7 detailing each grant allocation or discretionary grant 8 award totaling less than $1,000,000 provided during the 9 previous quarter. 10 (3) The notification required by paragraph (1) and 11 the report required by paragraph (2) shall include the re12 cipient of the award, the amount of the award, the fiscal 13 year for which the funds for the award were appropriated, 14 the account and program, project, or activity from which 15 the funds are being drawn, the title of the award, and 16 a brief description of the activity for which the award is 17 made. 18 (c) The Department of Energy may not, with respect 19 to any program, project, or activity that uses budget au20 thority made available in this title under the heading ‘‘De21 partment of Energy—Energy Programs’’, enter into a 22 multiyear contract, award a multiyear grant, or enter into 23 a multiyear cooperative agreement unless— March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 449 1 (1) the contract, grant, or cooperative agree- 2 ment is funded for the full period of performance as 3 anticipated at the time of award; or 4 (2) the contract, grant, or cooperative agree- 5 ment includes a clause conditioning the Federal Gov- 6 ernment’s obligation on the availability of future 7 year budget authority and the Secretary notifies the 8 Committees on Appropriations of both Houses of 9 Congress at least 3 days in advance. 10 (d) Except as provided in subsections (e), (f), and (g), 11 the amounts made available by this title shall be expended 12 as authorized by law for the programs, projects, and ac13 tivities specified in the ‘‘Final Bill’’ column in the ‘‘De14 partment of Energy’’ table included under the heading 15 ‘‘Title III—Department of Energy’’ in the explanatory 16 statement described in section 4 (in the matter preceding 17 division A of this consolidated Act). 18 (e) The amounts made available by this title may be 19 reprogrammed for any program, project, or activity, and 20 the Department shall notify the Committees on Appropria21 tions of both Houses of Congress at least 30 days prior 22 to the use of any proposed reprogramming that would 23 cause any program, project, or activity funding level to 24 increase or decrease by more than $5,000,000 or 10 per- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 450 1 cent, whichever is less, during the time period covered by 2 this Act. 3 (f) None of the funds provided in this title shall be 4 available for obligation or expenditure through a re5 programming of funds that— 6 7 (1) creates, initiates, or eliminates a program, project, or activity; 8 (2) increases funds or personnel for any pro- 9 gram, project, or activity for which funds are denied 10 or restricted by this Act; or 11 (3) reduces funds that are directed to be used 12 for a specific program, project, or activity by this 13 Act. 14 (g)(1) The Secretary of Energy may waive any re- 15 quirement or restriction in this section that applies to the 16 use of funds made available for the Department of Energy 17 if compliance with such requirement or restriction would 18 pose a substantial risk to human health, the environment, 19 welfare, or national security. 20 (2) The Secretary of Energy shall notify the Commit- 21 tees on Appropriations of both Houses of Congress of any 22 waiver under paragraph (1) as soon as practicable, but 23 not later than 3 days after the date of the activity to which 24 a requirement or restriction would otherwise have applied. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 451 1 Such notice shall include an explanation of the substantial 2 risk under paragraph (1) that permitted such waiver. 3 (h) The unexpended balances of prior appropriations 4 provided for activities in this Act may be available to the 5 same appropriation accounts for such activities established 6 pursuant to this title. Available balances may be merged 7 with funds in the applicable established accounts and 8 thereafter may be accounted for as one fund for the same 9 time period as originally enacted. 10 SEC. 302. Funds appropriated by this or any other 11 Act, or made available by the transfer of funds in this 12 Act, for intelligence activities are deemed to be specifically 13 authorized by the Congress for purposes of section 504 14 of the National Security Act of 1947 (50 U.S.C. 3094) 15 during fiscal year 2018 until the enactment of the Intel16 ligence Authorization Act for fiscal year 2018. 17 SEC. 303. None of the funds made available in this 18 title shall be used for the construction of facilities classi19 fied as high-hazard nuclear facilities under 10 CFR Part 20 830 unless independent oversight is conducted by the Of21 fice of Enterprise Assessments to ensure the project is in 22 compliance with nuclear safety requirements. 23 SEC. 304. None of the funds made available in this 24 title may be used to approve critical decision-2 or critical 25 decision-3 under Department of Energy Order 413.3B, or March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 452 1 any successive departmental guidance, for construction 2 projects where the total project cost exceeds 3 $100,000,000, until a separate independent cost estimate 4 has been developed for the project for that critical deci5 sion. 6 SEC. 305. (a) None of the funds made available in 7 this or any prior Act under the heading ‘‘Defense Nuclear 8 Nonproliferation’’ may be made available to enter into new 9 contracts with, or new agreements for Federal assistance 10 to, the Russian Federation. 11 (b) The Secretary of Energy may waive the prohibi- 12 tion in subsection (a) if the Secretary determines that 13 such activity is in the national security interests of the 14 United States. This waiver authority may not be dele15 gated. 16 (c) A waiver under subsection (b) shall not be effec- 17 tive until 15 days after the date on which the Secretary 18 submits to the Committees on Appropriations of both 19 Houses of Congress, in classified form if necessary, a re20 port on the justification for the waiver. 21 SEC. 306. (a) NEW REGIONAL RESERVES.—The Sec- 22 retary of Energy may not establish any new regional pe23 troleum product reserve unless funding for the proposed 24 regional petroleum product reserve is explicitly requested March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 453 1 in advance in an annual budget submission and approved 2 by the Congress in an appropriations Act. 3 (b) The budget request or notification shall include— 4 (1) the justification for the new reserve; 5 (2) a cost estimate for the establishment, oper- 6 ation, and maintenance of the reserve, including 7 funding sources; 8 (3) a detailed plan for operation of the reserve, 9 including the conditions upon which the products 10 may be released; 11 (4) the location of the reserve; and 12 (5) the estimate of the total inventory of the re- 13 serve. 14 SEC. 307. The Secretary of Energy may not transfer 15 more than $274,833,000 from the amounts made available 16 under this title to the working capital fund established 17 under section 653 of the Department of Energy Organiza18 tion Act (42 U.S.C. 7263): Provided, That the Secretary 19 may transfer additional amounts to the working capital 20 fund after the Secretary provides notification in advance 21 of any such transfer to the Committees on Appropriations 22 of both Houses of Congress: Provided further, That any 23 such notification shall identify the sources of funds by pro24 gram, project, or activity: Provided further, That the Sec25 retary shall notify the Committees on Appropriations of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 454 1 both Houses of Congress before adding or removing any 2 activities from the fund. 3 SEC. 308. Not later than 90 days after the date of 4 enactment of this Act, the Secretary of the Department 5 of Energy, in consultation with the Office of Management 6 and Budget, shall submit to the Committees on Appropria7 tions of both Houses of Congress a report that provides 8 a detailed explanation, using specific receipts data and 9 legal authorities, of how each of the Western Area Power 10 Administration, the Southwestern Power Administration, 11 and the Southeastern Power Administration are executing 12 current receipt authority provided in this and prior year 13 appropriations Acts to create carryover of unobligated bal14 ances for purchase power and wheeling expenditures. 15 SEC. 309. (a) Funds provided by this Act for Project 16 99–D–143, Mixed Oxide Fuel Fabrication Facility, and 17 any funds provided by prior Acts for such Project that 18 remain unobligated, may be made available only for con19 struction and project support activities for such Project. 20 (b) The Secretary of Energy shall not be subject to 21 the requirements of subsection (a) if the Secretary waives 22 the requirements of section 3121(a) of the National De23 fense Authorization Act for Fiscal Year 2018 (Public Law 24 115–91) in accordance with subsection (b) of such section. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 455 1 (c) If the Secretary waives the requirements of sec- 2 tion 3121(a) of the National Defense Authorization Act 3 for Fiscal Year 2018, the Secretary— 4 (1) shall concurrently submit to the Committees 5 on Appropriations of both Houses of Congress the 6 lifecycle cost estimate used to make the certification 7 under section 3121(b) of such Act; and 8 (2) may not use funds provided for the Project 9 to eliminate such Project until the date that is 30 10 days after the submission of the lifecycle cost esti- 11 mate required under paragraph (1). 12 SEC. 310. The unappropriated receipts currently in 13 the Uranium Supply and Enrichment Activities account 14 shall be transferred to and merged with the Uranium En15 richment Decontamination and Decommissioning Fund 16 and shall be available only to the extent provided in ad17 vance in appropriations Acts. 18 SEC. 311. Notwithstanding section 161 of the Energy 19 Policy and Conservation Act (42 U.S.C. 6241), upon a 20 determination by the President in this fiscal year that a 21 regional supply shortage of refined petroleum product of 22 significant scope and duration exists, that a severe in23 crease in the price of refined petroleum product will likely 24 result from such shortage, and that a draw down and sale 25 of refined petroleum product would assist directly and sig- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 456 1 nificantly in reducing the adverse impact of such shortage, 2 the Secretary of Energy may draw down and sell refined 3 petroleum product from the Strategic Petroleum Reserve. 4 Proceeds from a sale under this section shall be deposited 5 into the SPR Petroleum Account established in section 6 167 of the Energy Policy and Conservation Act (42 U.S.C. 7 6247), and such amounts shall be available for obligation, 8 without fiscal year limitation, consistent with that section. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 457 1 TITLE IV 2 INDEPENDENT AGENCIES 3 APPALACHIAN REGIONAL COMMISSION 4 For expenses necessary to carry out the programs au- 5 thorized by the Appalachian Regional Development Act of 6 1965, and for expenses necessary for the Federal Co7 Chairman and the Alternate on the Appalachian Regional 8 Commission, for payment of the Federal share of the ad9 ministrative expenses of the Commission, including serv10 ices as authorized by 5 U.S.C. 3109, and hire of passenger 11 motor vehicles, $155,000,000, to remain available until ex12 pended. 13 DEFENSE NUCLEAR FACILITIES SAFETY BOARD 14 SALARIES AND EXPENSES 15 For expenses necessary for the Defense Nuclear Fa- 16 cilities Safety Board in carrying out activities authorized 17 by the Atomic Energy Act of 1954, as amended by Public 18 Law 100–456, section 1441, $31,000,000, to remain 19 available until September 30, 2019. 20 DELTA REGIONAL AUTHORITY 21 SALARIES AND EXPENSES 22 For expenses necessary for the Delta Regional Au- 23 thority and to carry out its activities, as authorized by 24 the Delta Regional Authority Act of 2000, notwith- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 458 1 standing sections 382F(d), 382M, and 382N of said Act, 2 $25,000,000, to remain available until expended. 3 4 DENALI COMMISSION For expenses necessary for the Denali Commission 5 including the purchase, construction, and acquisition of 6 plant and capital equipment as necessary and other ex7 penses, $30,000,000, to remain available until expended, 8 notwithstanding the limitations contained in section 9 306(g) of the Denali Commission Act of 1998: Provided, 10 That funds shall be available for construction projects in 11 an amount not to exceed 80 percent of total project cost 12 for distressed communities, as defined by section 307 of 13 the Denali Commission Act of 1998 (division C, title III, 14 Public Law 105–277), as amended by section 701 of ap15 pendix D, title VII, Public Law 106–113 (113 Stat. 16 1501A–280), and an amount not to exceed 50 percent for 17 non-distressed communities: Provided further, That not18 withstanding any other provision of law regarding pay19 ment of a non-Federal share in connection with a grant20 in-aid program, amounts under this heading shall be avail21 able for the payment of such a non-Federal share for pro22 grams undertaken to carry out the purposes of the Com23 mission. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 459 1 2 NORTHERN BORDER REGIONAL COMMISSION For expenses necessary for the Northern Border Re- 3 gional Commission in carrying out activities authorized by 4 subtitle V of title 40, United States Code, $15,000,000, 5 to remain available until expended: Provided, That such 6 amounts shall be available for administrative expenses, 7 notwithstanding section 15751(b) of title 40, United 8 States Code: Provided further, That during fiscal year 9 2018, the duties and authority of the Federal Cochair10 person shall be assumed by the Northern Border Regional 11 Commission Program Director if the position of the Fed12 eral Cochairperson and Alternate Federal Cochairperson 13 is vacant. 14 SOUTHEAST CRESCENT REGIONAL COMMISSION 15 For expenses necessary for the Southeast Crescent 16 Regional Commission in carrying out activities authorized 17 by subtitle V of title 40, United States Code, $250,000, 18 to remain available until expended. 19 NUCLEAR REGULATORY COMMISSION 20 SALARIES AND EXPENSES 21 (INCLUDING RESCISSION OF FUNDS) 22 For expenses necessary for the Commission in car- 23 rying out the purposes of the Energy Reorganization Act 24 of 1974 and the Atomic Energy Act of 1954, 25 $909,137,000, including official representation expenses March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 460 1 not to exceed $25,000, to remain available until expended: 2 Provided, That of the amount appropriated herein, not 3 more than $9,500,000 may be made available for salaries, 4 travel, and other support costs for the Office of the Com5 mission, to remain available until September 30, 2019, of 6 which, notwithstanding section 201(a)(2)(c) of the Energy 7 Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), 8 the use and expenditure shall only be approved by a major9 ity vote of the Commission: Provided further, That reve10 nues from licensing fees, inspection services, and other 11 services and collections estimated at $779,768,032 in fis12 cal year 2018 shall be retained and used for necessary 13 salaries and expenses in this account, notwithstanding 31 14 U.S.C. 3302, and shall remain available until expended: 15 Provided further, That of the amounts appropriated under 16 this heading, not less than $10,000,000 shall be for activi17 ties related to the development of regulatory infrastruc18 ture for advanced nuclear technologies, and $16,200,000 19 shall be for international activities, except that the 20 amounts provided under this proviso shall not be derived 21 from fee revenues, notwithstanding 42 U.S.C. 2214: Pro22 vided further, That the sum herein appropriated shall be 23 reduced by the amount of revenues received during fiscal 24 year 2018 so as to result in a final fiscal year 2018 appro25 priation estimated at not more than $129,300,892: Pro- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 461 1 vided further, That of the amounts appropriated under 2 this heading, $10,000,000 shall be for university research 3 and development in areas relevant to the Commission’s 4 mission, and $5,000,000 shall be for a Nuclear Science 5 and Engineering Grant Program that will support 6 multiyear projects that do not align with programmatic 7 missions but are critical to maintaining the discipline of 8 nuclear science and engineering: Provided further, That 9 $68,076.04 of unobligated balances from the funds trans10 ferred to the Nuclear Regulatory Commission from the 11 United States Agency for International Development pur12 suant to section 632(a) of the Foreign Assistance Act of 13 1961 are rescinded: Provided further, That no amounts 14 may be rescinded from amounts that were designated by 15 the Congress as an emergency requirement pursuant to 16 a concurrent resolution on the budget or the Balanced 17 Budget and Emergency Deficit Control Act of 1985. 18 19 OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector 20 General in carrying out the provisions of the Inspector 21 General Act of 1978, $12,859,000, to remain available 22 until September 30, 2019: Provided, That revenues from 23 licensing fees, inspection services, and other services and 24 collections estimated at $10,555,000 in fiscal year 2018 25 shall be retained and be available until September 30, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 462 1 2019, for necessary salaries and expenses in this account, 2 notwithstanding section 3302 of title 31, United States 3 Code: Provided further, That the sum herein appropriated 4 shall be reduced by the amount of revenues received dur5 ing fiscal year 2018 so as to result in a final fiscal year 6 2018 appropriation estimated at not more than 7 $2,304,000: Provided further, That of the amounts appro8 priated under this heading, $1,131,000 shall be for In9 spector General services for the Defense Nuclear Facilities 10 Safety Board, which shall not be available from fee reve11 nues. 12 NUCLEAR WASTE TECHNICAL REVIEW BOARD 13 SALARIES AND EXPENSES 14 For expenses necessary for the Nuclear Waste Tech- 15 nical Review Board, as authorized by Public Law 100– 16 203, section 5051, $3,600,000, to be derived from the Nu17 clear Waste Fund, to remain available until September 30, 18 2019. 19 GENERAL PROVISIONS—INDEPENDENT 20 AGENCIES 21 SEC. 401. The Nuclear Regulatory Commission shall 22 comply with the July 5, 2011, version of Chapter VI of 23 its Internal Commission Procedures when responding to 24 Congressional requests for information. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 463 1 SEC. 402. (a) The amounts made available by this 2 title for the Nuclear Regulatory Commission may be re3 programmed for any program, project, or activity, and the 4 Commission shall notify the Committees on Appropria5 tions of both Houses of Congress at least 30 days prior 6 to the use of any proposed reprogramming that would 7 cause any program funding level to increase or decrease 8 by more than $500,000 or 10 percent, whichever is less, 9 during the time period covered by this Act. 10 (b)(1) The Nuclear Regulatory Commission may 11 waive the notification requirement in subsection (a) if 12 compliance with such requirement would pose a substan13 tial risk to human health, the environment, welfare, or na14 tional security. 15 (2) The Nuclear Regulatory Commission shall notify 16 the Committees on Appropriations of both Houses of Con17 gress of any waiver under paragraph (1) as soon as prac18 ticable, but not later than 3 days after the date of the 19 activity to which a requirement or restriction would other20 wise have applied. Such notice shall include an explanation 21 of the substantial risk under paragraph (1) that permitted 22 such waiver and shall provide a detailed report to the 23 Committees of such waiver and changes to funding levels 24 to programs, projects, or activities. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 464 1 (c) Except as provided in subsections (a), (b), and 2 (d), the amounts made available by this title for ‘‘Nuclear 3 Regulatory Commission—Salaries and Expenses’’ shall be 4 expended as directed in the explanatory statement de5 scribed in section 4 (in the matter preceding division A 6 of this consolidated Act). 7 (d) None of the funds provided for the Nuclear Regu- 8 latory Commission shall be available for obligation or ex9 penditure through a reprogramming of funds that in10 creases funds or personnel for any program, project, or 11 activity for which funds are denied or restricted by this 12 Act. 13 (e) The Commission shall provide a monthly report 14 to the Committees on Appropriations of both Houses of 15 Congress, which includes the following for each program, 16 project, or activity, including any prior year appropria17 tions— 18 (1) total budget authority; 19 (2) total unobligated balances; and 20 (3) total unliquidated obligations. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 465 1 TITLE V 2 GENERAL PROVISIONS 3 SEC. 501. None of the funds appropriated by this Act 4 may be used in any way, directly or indirectly, to influence 5 congressional action on any legislation or appropriation 6 matters pending before Congress, other than to commu7 nicate to Members of Congress as described in 18 U.S.C. 8 1913. 9 SEC. 502. (a) None of the funds made available in 10 title III of this Act may be transferred to any department, 11 agency, or instrumentality of the United States Govern12 ment, except pursuant to a transfer made by or transfer 13 authority provided in this Act or any other appropriations 14 Act for any fiscal year, transfer authority referenced in 15 the report of the Committee on Appropriations accom16 panying this Act, or any authority whereby a department, 17 agency, or instrumentality of the United States Govern18 ment may provide goods or services to another depart19 ment, agency, or instrumentality. 20 (b) None of the funds made available for any depart- 21 ment, agency, or instrumentality of the United States 22 Government may be transferred to accounts funded in title 23 III of this Act, except pursuant to a transfer made by or 24 transfer authority provided in this Act or any other appro25 priations Act for any fiscal year, transfer authority ref- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 466 1 erenced in the explanatory statement described in section 2 4 (in the matter preceding division A of this consolidated 3 Act), or any authority whereby a department, agency, or 4 instrumentality of the United States Government may 5 provide goods or services to another department, agency, 6 or instrumentality. 7 (c) The head of any relevant department or agency 8 funded in this Act utilizing any transfer authority shall 9 submit to the Committees on Appropriations of both 10 Houses of Congress a semiannual report detailing the 11 transfer authorities, except for any authority whereby a 12 department, agency, or instrumentality of the United 13 States Government may provide goods or services to an14 other department, agency, or instrumentality, used in the 15 previous 6 months and in the year-to-date. This report 16 shall include the amounts transferred and the purposes 17 for which they were transferred, and shall not replace or 18 modify existing notification requirements for each author19 ity. 20 SEC. 503. None of the funds made available by this 21 Act may be used in contravention of Executive Order No. 22 12898 of February 11, 1994 (Federal Actions to Address 23 Environmental Justice in Minority Populations and Low24 Income Populations). March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 467 1 SEC. 504. (a) None of the funds made available in 2 this Act may be used to maintain or establish a computer 3 network unless such network blocks the viewing, 4 downloading, and exchanging of pornography. 5 (b) Nothing in subsection (a) shall limit the use of 6 funds necessary for any Federal, State, tribal, or local law 7 enforcement agency or any other entity carrying out crimi8 nal investigations, prosecution, or adjudication activities. 9 This division may be cited as the ‘‘Energy and Water 10 Development and Related Agencies Appropriations Act, 11 2018’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 468 1 DIVISION E—FINANCIAL SERVICES AND 2 GENERAL GOVERNMENT APPROPRIA- 3 TIONS ACT, 2018 4 TITLE I 5 DEPARTMENT OF THE TREASURY 6 DEPARTMENTAL OFFICES 7 SALARIES AND EXPENSES 8 For necessary expenses of the Departmental Offices 9 including operation and maintenance of the Treasury 10 Building and Freedman’s Bank Building; hire of pas11 senger motor vehicles; maintenance, repairs, and improve12 ments of, and purchase of commercial insurance policies 13 for, real properties leased or owned overseas, when nec14 essary for the performance of official business; executive 15 direction program activities; international affairs and eco16 nomic policy activities; domestic finance and tax policy ac17 tivities, including technical assistance to Puerto Rico; and 18 Treasury-wide management policies and programs activi19 ties, $201,751,000: Provided, That of the amount appro20 priated under this heading— 21 22 (1) not to exceed $350,000 is for official reception and representation expenses; 23 (2) not to exceed $258,000 is for unforeseen 24 emergencies of a confidential nature to be allocated 25 and expended under the direction of the Secretary of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 469 1 the Treasury and to be accounted for solely on the 2 Secretary’s certificate; and 3 (3) not to exceed $24,000,000 shall remain 4 available until September 30, 2019, for— 5 (A) the Treasury-wide Financial Statement 6 Audit and Internal Control Program; 7 (B) information technology modernization 8 requirements; 9 (C) the audit, oversight, and administra- 10 tion of the Gulf Coast Restoration Trust Fund; 11 (D) the development and implementation 12 of programs within the Office of Critical Infra- 13 structure Protection and Compliance Policy, in- 14 cluding entering into cooperative agreements; 15 (E) operations and maintenance of facili- 16 ties; and 17 (F) international operations. 18 OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE 19 SALARIES AND EXPENSES 20 For the necessary expenses of the Office of Terrorism 21 and Financial Intelligence to safeguard the financial sys22 tem against illicit use and to combat rogue nations, ter23 rorist facilitators, weapons of mass destruction 24 proliferators, money launderers, drug kingpins, and other 25 national security threats, $141,778,000: Provided, That of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 470 1 the amount appropriated under this heading: (1) up to 2 $32,000,000 may be transferred to the Departmental Of3 fices Salaries and Expenses appropriation and shall be 4 available for administrative support to the Office of Ter5 rorism and Financial Intelligence; and (2) up to 6 $5,000,000 shall remain available until September 30, 7 2019. 8 9 CYBERSECURITY ENHANCEMENT ACCOUNT For salaries and expenses for enhanced cybersecurity 10 for systems operated by the Department of the Treasury, 11 $24,000,000, to remain available until September 30, 12 2020: Provided, That such funds shall supplement and not 13 supplant any other amounts made available to the Treas14 ury offices and bureaus for cybersecurity: Provided fur15 ther, That the Chief Information Officer of the individual 16 offices and bureaus shall submit a spend plan for each 17 investment to the Treasury Chief Information Officer for 18 approval: Provided further, That the submitted spend plan 19 shall be reviewed and approved by the Treasury Chief In20 formation Officer prior to the obligation of funds under 21 this heading: Provided further, That of the total amount 22 made available under this heading $1,000,000 shall be 23 available for administrative expenses for the Treasury 24 Chief Information Officer to provide oversight of the in25 vestments made under this heading: Provided further, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 471 1 That such funds shall supplement and not supplant any 2 other amounts made available to the Treasury Chief Infor3 mation Officer. 4 DEPARTMENT-WIDE SYSTEMS AND CAPITAL 5 INVESTMENTS PROGRAMS 6 (INCLUDING TRANSFER OF FUNDS) 7 For development and acquisition of automatic data 8 processing equipment, software, and services and for re9 pairs and renovations to buildings owned by the Depart10 ment of the Treasury, $4,426,000, to remain available 11 until September 30, 2020: Provided, That these funds 12 shall be transferred to accounts and in amounts as nec13 essary to satisfy the requirements of the Department’s of14 fices, bureaus, and other organizations: Provided further, 15 That this transfer authority shall be in addition to any 16 other transfer authority provided in this Act: Provided fur17 ther, That none of the funds appropriated under this head18 ing shall be used to support or supplement ‘‘Internal Rev19 enue Service, Operations Support’’ or ‘‘Internal Revenue 20 Service, Business Systems Modernization’’. 21 OFFICE OF INSPECTOR GENERAL 22 SALARIES AND EXPENSES 23 For necessary expenses of the Office of Inspector 24 General in carrying out the provisions of the Inspector 25 General Act of 1978, $37,044,000, including hire of pas- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 472 1 senger motor vehicles; of which not to exceed $100,000 2 shall be available for unforeseen emergencies of a con3 fidential nature, to be allocated and expended under the 4 direction of the Inspector General of the Treasury; of 5 which up to $2,800,000 to remain available until Sep6 tember 30, 2019, shall be for audits and investigations 7 conducted pursuant to section 1608 of the Resources and 8 Ecosystems Sustainability, Tourist Opportunities, and Re9 vived Economies of the Gulf Coast States Act of 2012 (33 10 U.S.C. 1321 note); and of which not to exceed $1,000 11 shall be available for official reception and representation 12 expenses. 13 TREASURY INSPECTOR GENERAL FOR TAX 14 ADMINISTRATION 15 SALARIES AND EXPENSES 16 For necessary expenses of the Treasury Inspector 17 General for Tax Administration in carrying out the In18 spector General Act of 1978, as amended, including pur19 chase and hire of passenger motor vehicles (31 U.S.C. 20 1343(b)); and services authorized by 5 U.S.C. 3109, at 21 such rates as may be determined by the Inspector General 22 for Tax Administration; $169,634,000, of which 23 $5,000,000 shall remain available until September 30, 24 2019; of which not to exceed $6,000,000 shall be available 25 for official travel expenses; of which not to exceed March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 473 1 $500,000 shall be available for unforeseen emergencies of 2 a confidential nature, to be allocated and expended under 3 the direction of the Inspector General for Tax Administra4 tion; and of which not to exceed $1,500 shall be available 5 for official reception and representation expenses. 6 SPECIAL INSPECTOR GENERAL FOR THE TROUBLED 7 ASSET RELIEF PROGRAM 8 SALARIES AND EXPENSES 9 For necessary expenses of the Office of the Special 10 Inspector General in carrying out the provisions of the 11 Emergency Economic Stabilization Act of 2008 (Public 12 Law 110–343), $34,000,000. 13 FINANCIAL CRIMES ENFORCEMENT NETWORK 14 SALARIES AND EXPENSES 15 For necessary expenses of the Financial Crimes En- 16 forcement Network, including hire of passenger motor ve17 hicles; travel and training expenses of non-Federal and 18 foreign government personnel to attend meetings and 19 training concerned with domestic and foreign financial in20 telligence activities, law enforcement, and financial regula21 tion; services authorized by 5 U.S.C. 3109; not to exceed 22 $10,000 for official reception and representation expenses; 23 and for assistance to Federal law enforcement agencies, 24 with or without reimbursement, $115,003,000, of which March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 474 1 not to exceed $34,335,000 shall remain available until 2 September 30, 2020. 3 TREASURY FORFEITURE FUND 4 (RESCISSION) 5 Of the unobligated balances available under this 6 heading, $702,000,000 are hereby permanently rescinded 7 not later than September 30, 2018. 8 9 (INCLUDING RETURN OF FUNDS) In addition, of amounts in the Treasury Forfeiture 10 Fund, $38,800,000 from funds paid to the United States 11 Government by BNP Paribas S.A. as part of, or related 12 to, a plea agreement dated June 27, 2014, entered into 13 between the Department of Justice and BNP Paribas 14 S.A., and subject to a consent order entered by the United 15 States District Court for the Southern District of New 16 York on May 1, 2015, in United States v. BNPP, No. 17 14 Cr. 460 (S.D.N.Y.), are hereby returned to the General 18 Fund of the Treasury. 19 20 21 BUREAU OF THE FISCAL SERVICE SALARIES AND EXPENSES For necessary expenses of operations of the Bureau 22 of the Fiscal Service, $338,280,000; of which not to ex23 ceed $4,210,000, to remain available until September 30, 24 2020, is for information systems modernization initiatives; March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 475 1 and of which $5,000 shall be available for official reception 2 and representation expenses. 3 In addition, $165,000, to be derived from the Oil 4 Spill Liability Trust Fund to reimburse administrative 5 and personnel expenses for financial management of the 6 Fund, as authorized by section 1012 of Public Law 101– 7 380. 8 9 10 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU SALARIES AND EXPENSES For necessary expenses of carrying out section 1111 11 of the Homeland Security Act of 2002, including hire of 12 passenger motor vehicles, $111,439,000; of which not to 13 exceed $6,000 for official reception and representation ex14 penses; not to exceed $50,000 for cooperative research and 15 development programs for laboratory services; and provi16 sion of laboratory assistance to State and local agencies 17 with or without reimbursement: Provided, That of the 18 amount appropriated under this heading, $5,000,000 shall 19 be for the costs of accelerating the processing of formula 20 and label applications: Provided further, That of the 21 amount appropriated under this heading, $5,000,000, to 22 remain available until September 30, 2019, shall be for 23 the costs associated with enforcement of the trade practice 24 provisions of the Federal Alcohol Administration Act (27 25 U.S.C. 201 et seq.). March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 476 1 UNITED STATES MINT 2 UNITED STATES MINT PUBLIC ENTERPRISE FUND 3 Pursuant to section 5136 of title 31, United States 4 Code, the United States Mint is provided funding through 5 the United States Mint Public Enterprise Fund for costs 6 associated with the production of circulating coins, numis7 matic coins, and protective services, including both oper8 ating expenses and capital investments: Provided, That 9 the aggregate amount of new liabilities and obligations in10 curred during fiscal year 2018 under such section 5136 11 for circulating coinage and protective service capital in12 vestments of the United States Mint shall not exceed 13 $30,000,000. 14 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS 15 FUND PROGRAM ACCOUNT 16 To carry out the Riegle Community Development and 17 Regulatory Improvements Act of 1994 (subtitle A of title 18 I of Public Law 103–325), including services authorized 19 by section 3109 of title 5, United States Code, but at rates 20 for individuals not to exceed the per diem rate equivalent 21 to the rate for EX–3, $250,000,000. Of the amount ap22 propriated under this heading— 23 (1) not less than $160,000,000, notwith- 24 standing section 108(e) of Public Law 103–325 (12 25 U.S.C. 4707(e)) with regard to Small and/or Emerg- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 477 1 ing Community Development Financial Institutions 2 Assistance awards, is available until September 30, 3 2019, for financial assistance, technical assistance, 4 training, and outreach under subparagraphs (A) and 5 (B) of section 108(a)(1), respectively, of Public Law 6 103–325 (12 U.S.C. 4707(a)(1)(A) and (B)), of 7 which up to $2,680,000 may be used for the cost of 8 direct loans, and of which up to $3,000,000, not- 9 withstanding subsection (d) of section 108 of Public 10 Law 103–325 (12 U.S.C. 4707 (d)), may be avail- 11 able to provide financial assistance, technical assist- 12 ance, training, and outreach to community develop- 13 ment financial institutions to expand investments 14 that benefit individuals with disabilities: Provided, 15 That the cost of direct and guaranteed loans, includ- 16 ing the cost of modifying such loans, shall be as de- 17 fined in section 502 of the Congressional Budget Act 18 of 1974: Provided further, That these funds are 19 available to subsidize gross obligations for the prin- 20 cipal 21 $25,000,000; amount of direct loans not to exceed 22 (2) not less than $16,000,000, notwithstanding 23 section 108(e) of Public Law 103–325 (12 U.S.C. 24 4707(e)), is available until September 30, 2019, for 25 financial assistance, technical assistance, training, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 478 1 and outreach programs designed to benefit Native 2 American, Native Hawaiian, and Alaska Native com- 3 munities and provided primarily through qualified 4 community development lender organizations with 5 experience and expertise in community development 6 banking and lending in Indian country, Native 7 American organizations, tribes and tribal organiza- 8 tions, and other suitable providers; 9 (3) not less than $25,000,000 is available until 10 September 30, 2019, for the Bank Enterprise Award 11 program; 12 (4) not less than $22,000,000, notwithstanding 13 subsections (d) and (e) of section 108 of Public Law 14 103–325 (12 U.S.C. 4707(d) and (e)), is available 15 until September 30, 2019, for a Healthy Food Fi- 16 nancing Initiative to provide financial assistance, 17 technical assistance, training, and outreach to com- 18 munity development financial institutions for the 19 purpose of offering affordable financing and tech- 20 nical assistance to expand the availability of healthy 21 food options in distressed communities; 22 (5) up to $27,000,000 is available until Sep- 23 tember 30, 2018, for administrative expenses, in- 24 cluding administration of CDFI fund programs and 25 the New Markets Tax Credit Program, of which not March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 479 1 less than $1,000,000 is for development of tools to 2 better assess and inform CDFI investment perform- 3 ance, and up to $300,000 is for administrative ex- 4 penses to carry out the direct loan program; and 5 (6) during fiscal year 2018, none of the funds 6 available under this heading are available for the 7 cost, as defined in section 502 of the Congressional 8 Budget Act of 1974, of commitments to guarantee 9 bonds and notes under section 114A of the Riegle 10 Community Development and Regulatory Improve- 11 ment Act of 1994 (12 U.S.C. 4713a): Provided, 12 That commitments to guarantee bonds and notes 13 under 14 $500,000,000: Provided further, That such section 15 114A shall remain in effect until December 31, 16 2018: Provided further, That of the funds awarded 17 under this heading, not less than 10 percent shall be 18 used for awards that support investments that serve 19 populations living in persistent poverty counties: 20 Provided further, That for the purposes of this sec- 21 tion, the term ‘‘persistent poverty counties’’ means 22 any county that has had 20 percent or more of its 23 population living in poverty over the past 30 years, 24 as measured by the 1990 and 2000 decennial cen- 25 suses and the 2011–2015 5-year data series avail- March 21, 2018 (6:08 p.m.) such section 114A shall not exceed U:\2018REPT\OMNI\Final\RCP—FM.xml 480 1 able from the American Community Survey of the 2 Census Bureau. 3 INTERNAL REVENUE SERVICE 4 TAXPAYER SERVICES 5 For necessary expenses of the Internal Revenue Serv- 6 ice to provide taxpayer services, including pre-filing assist7 ance and education, filing and account services, taxpayer 8 advocacy services, and other services as authorized by 5 9 U.S.C. 3109, at such rates as may be determined by the 10 Commissioner, $2,506,554,000, of which not less than 11 $9,890,000 shall be for the Tax Counseling for the Elderly 12 Program, of which not less than $12,000,000 shall be 13 available for low-income taxpayer clinic grants, and of 14 which not less than $15,000,000, to remain available until 15 September 30, 2019, shall be available for a Community 16 Volunteer Income Tax Assistance matching grants pro17 gram for tax return preparation assistance, of which not 18 less than $206,000,000 shall be available for operating ex19 penses of the Taxpayer Advocate Service: Provided, That 20 of the amounts made available for the Taxpayer Advocate 21 Service, not less than $5,500,000 shall be for identity 22 theft casework. 23 24 ENFORCEMENT For necessary expenses for tax enforcement activities 25 of the Internal Revenue Service to determine and collect March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 481 1 owed taxes, to provide legal and litigation support, to con2 duct criminal investigations, to enforce criminal statutes 3 related to violations of internal revenue laws and other fi4 nancial crimes, to purchase and hire passenger motor vehi5 cles (31 U.S.C. 1343(b)), and to provide other services 6 as authorized by 5 U.S.C. 3109, at such rates as may be 7 determined by the Commissioner, $4,860,000,000, of 8 which not to exceed $50,000,000 shall remain available 9 until September 30, 2019, and of which not less than 10 $60,257,000 shall be for the Interagency Crime and Drug 11 Enforcement program. 12 13 OPERATIONS SUPPORT For necessary expenses of the Internal Revenue Serv- 14 ice to support taxpayer services and enforcement pro15 grams, including rent payments; facilities services; print16 ing; postage; physical security; headquarters and other 17 IRS-wide administration activities; research and statistics 18 of income; telecommunications; information technology de19 velopment, enhancement, operations, maintenance, and se20 curity; the hire of passenger motor vehicles (31 U.S.C. 21 1343(b)); the operations of the Internal Revenue Service 22 Oversight Board; and other services as authorized by 5 23 U.S.C. 3109, at such rates as may be determined by the 24 Commissioner; $3,634,000,000, of which not to exceed 25 $50,000,000 shall remain available until September 30, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 482 1 2019; of which not to exceed $10,000,000 shall remain 2 available until expended for acquisition of equipment and 3 construction, repair and renovation of facilities; of which 4 not to exceed $1,000,000 shall remain available until Sep5 tember 30, 2020, for research; of which not to exceed 6 $20,000 shall be for official reception and representation 7 expenses: Provided, That not later than 30 days after the 8 end of each quarter, the Internal Revenue Service shall 9 submit a report to the Committees on Appropriations of 10 the House of Representatives and the Senate and the 11 Comptroller General of the United States detailing the 12 cost and schedule performance for its major information 13 technology investments, including the purpose and life14 cycle stages of the investments; the reasons for any cost 15 and schedule variances; the risks of such investments and 16 strategies the Internal Revenue Service is using to miti17 gate such risks; and the expected developmental mile18 stones to be achieved and costs to be incurred in the next 19 quarter: Provided further, That the Internal Revenue Serv20 ice shall include, in its budget justification for fiscal year 21 2019, a summary of cost and schedule performance infor22 mation for its major information technology systems. 23 24 25 ice’s March 21, 2018 (6:08 p.m.) BUSINESS SYSTEMS MODERNIZATION For necessary expenses of the Internal Revenue Servbusiness systems modernization program, U:\2018REPT\OMNI\Final\RCP—FM.xml 483 1 $110,000,000, to remain available until September 30, 2 2020, for the capital asset acquisition of information tech3 nology systems, including management and related con4 tractual costs of said acquisitions, including related Inter5 nal Revenue Service labor costs, and contractual costs as6 sociated with operations authorized by 5 U.S.C. 3109: 7 Provided, That not later than 30 days after the end of 8 each quarter, the Internal Revenue Service shall submit 9 a report to the Committees on Appropriations of the 10 House of Representatives and the Senate and the Comp11 troller General of the United States detailing the cost and 12 schedule performance for major information technology in13 vestments, including the purposes and life-cycle stages of 14 the investments; the reasons for any cost and schedule 15 variances; the risks of such investments and the strategies 16 the Internal Revenue Service is using to mitigate such 17 risks; and the expected developmental milestones to be 18 achieved and costs to be incurred in the next quarter. 19 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE 20 SERVICE 21 (INCLUDING TRANSFERS OF FUNDS) 22 SEC. 101. Not to exceed 5 percent of any appropria- 23 tion made available in this Act to the Internal Revenue 24 Service may be transferred to any other Internal Revenue March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 484 1 Service appropriation upon the advance approval of the 2 Committees on Appropriations. 3 SEC. 102. The Internal Revenue Service shall main- 4 tain an employee training program, which shall include the 5 following topics: taxpayers’ rights, dealing courteously 6 with taxpayers, cross-cultural relations, ethics, and the im7 partial application of tax law. 8 SEC. 103. The Internal Revenue Service shall insti- 9 tute and enforce policies and procedures that will safe10 guard the confidentiality of taxpayer information and pro11 tect taxpayers against identity theft. 12 SEC. 104. Funds made available by this or any other 13 Act to the Internal Revenue Service shall be available for 14 improved facilities and increased staffing to provide suffi15 cient and effective 1–800 help line service for taxpayers. 16 The Commissioner shall continue to make improvements 17 to the Internal Revenue Service 1–800 help line service 18 a priority and allocate resources necessary to enhance the 19 response time to taxpayer communications, particularly 20 with regard to victims of tax-related crimes. 21 SEC. 105. None of the funds made available to the 22 Internal Revenue Service by this Act may be used to make 23 a video unless the Service-Wide Video Editorial Board de24 termines in advance that making the video is appropriate, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 485 1 taking into account the cost, topic, tone, and purpose of 2 the video. 3 SEC. 106. The Internal Revenue Service shall issue 4 a notice of confirmation of any address change relating 5 to an employer making employment tax payments, and 6 such notice shall be sent to both the employer’s former 7 and new address and an officer or employee of the Internal 8 Revenue Service shall give special consideration to an 9 offer-in-compromise from a taxpayer who has been the vic10 tim of fraud by a third party payroll tax preparer. 11 SEC. 107. None of the funds made available under 12 this Act may be used by the Internal Revenue Service to 13 target citizens of the United States for exercising any 14 right guaranteed under the First Amendment to the Con15 stitution of the United States. 16 SEC. 108. None of the funds made available in this 17 Act may be used by the Internal Revenue Service to target 18 groups for regulatory scrutiny based on their ideological 19 beliefs. 20 SEC. 109. None of funds made available by this Act 21 to the Internal Revenue Service shall be obligated or ex22 pended on conferences that do not adhere to the proce23 dures, verification processes, documentation requirements, 24 and policies issued by the Chief Financial Officer, Human 25 Capital Office, and Agency-Wide Shared Services as a re- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 486 1 sult of the recommendations in the report published on 2 May 31, 2013, by the Treasury Inspector General for Tax 3 Administration entitled ‘‘Review of the August 2010 Small 4 Business/Self-Employed Division’s Conference in Ana5 heim, California’’ (Reference Number 2013–10–037). 6 SEC. 110. None of the funds made available in this 7 Act to the Internal Revenue Service may be obligated or 8 expended— 9 10 (1) to make a payment to any employee under a bonus, award, or recognition program; or 11 (2) under any hiring or personnel selection 12 process with respect to re-hiring a former employee, 13 unless such program or process takes into account 14 the conduct and Federal tax compliance of such em- 15 ployee or former employee. 16 SEC. 111. None of the funds made available by this 17 Act may be used in contravention of section 6103 of the 18 Internal Revenue Code of 1986 (relating to confidentiality 19 and disclosure of returns and return information). 20 SEC. 112. Except to the extent provided in section 21 6014, 6020, or 6201(d) of the Internal Revenue Code of 22 1986, no funds in this or any other Act shall be available 23 to the Secretary of the Treasury to provide to any person 24 a proposed final return or statement for use by such per- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 487 1 son to satisfy a filing or reporting requirement under such 2 Code. 3 SEC. 113. In addition to the amounts otherwise made 4 available in this Act for the Internal Revenue Service, 5 $320,000,000, to be available until September 30, 2019, 6 shall be transferred by the Commissioner to the ‘‘Tax7 payer Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ 8 accounts of the Internal Revenue Service for an additional 9 amount to be used solely for carrying out Public Law 115– 10 97: Provided, That such funds shall not be available until 11 the Commissioner submits to the Committees on Appro12 priations of the House of Representatives and the Senate 13 a spending plan for such funds. 14 ADMINISTRATIVE PROVISIONS—DEPARTMENT 15 TREASURY 16 (INCLUDING TRANSFERS OF FUNDS) 17 OF THE SEC. 114. Appropriations to the Department of the 18 Treasury in this Act shall be available for uniforms or al19 lowances therefor, as authorized by law (5 U.S.C. 5901), 20 including maintenance, repairs, and cleaning; purchase of 21 insurance for official motor vehicles operated in foreign 22 countries; purchase of motor vehicles without regard to the 23 general purchase price limitations for vehicles purchased 24 and used overseas for the current fiscal year; entering into 25 contracts with the Department of State for the furnishing March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 488 1 of health and medical services to employees and their de2 pendents serving in foreign countries; and services author3 ized by 5 U.S.C. 3109. 4 SEC. 115. Not to exceed 2 percent of any appropria- 5 tions in this title made available under the headings ‘‘De6 partmental Offices—Salaries and Expenses’’, ‘‘Office of 7 Inspector General’’, ‘‘Special Inspector General for the 8 Troubled Asset Relief Program’’, ‘‘Financial Crimes En9 forcement Network’’, ‘‘Bureau of the Fiscal Service’’, and 10 ‘‘Alcohol and Tobacco Tax and Trade Bureau’’ may be 11 transferred between such appropriations upon the advance 12 approval of the Committees on Appropriations of the 13 House of Representatives and the Senate: Provided, That 14 no transfer under this section may increase or decrease 15 any such appropriation by more than 2 percent. 16 SEC. 116. Not to exceed 2 percent of any appropria- 17 tion made available in this Act to the Internal Revenue 18 Service may be transferred to the Treasury Inspector Gen19 eral for Tax Administration’s appropriation upon the ad20 vance approval of the Committees on Appropriations of 21 the House of Representatives and the Senate: Provided, 22 That no transfer may increase or decrease any such appro23 priation by more than 2 percent. 24 SEC. 117. None of the funds appropriated in this Act 25 or otherwise available to the Department of the Treasury March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 489 1 or the Bureau of Engraving and Printing may be used 2 to redesign the $1 Federal Reserve note. 3 SEC. 118. The Secretary of the Treasury may trans- 4 fer funds from the ‘‘Bureau of the Fiscal Service-Salaries 5 and Expenses’’ to the Debt Collection Fund as necessary 6 to cover the costs of debt collection: Provided, That such 7 amounts shall be reimbursed to such salaries and expenses 8 account from debt collections received in the Debt Collec9 tion Fund. 10 SEC. 119. None of the funds appropriated or other- 11 wise made available by this or any other Act may be used 12 by the United States Mint to construct or operate any mu13 seum without the explicit approval of the Committees on 14 Appropriations of the House of Representatives and the 15 Senate, the House Committee on Financial Services, and 16 the Senate Committee on Banking, Housing, and Urban 17 Affairs. 18 SEC. 120. None of the funds appropriated or other- 19 wise made available by this or any other Act or source 20 to the Department of the Treasury, the Bureau of Engrav21 ing and Printing, and the United States Mint, individually 22 or collectively, may be used to consolidate any or all func23 tions of the Bureau of Engraving and Printing and the 24 United States Mint without the explicit approval of the 25 House Committee on Financial Services; the Senate Com- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 490 1 mittee on Banking, Housing, and Urban Affairs; and the 2 Committees on Appropriations of the House of Represent3 atives and the Senate. 4 SEC. 121. Funds appropriated by this Act, or made 5 available by the transfer of funds in this Act, for the De6 partment of the Treasury’s intelligence or intelligence re7 lated activities are deemed to be specifically authorized by 8 the Congress for purposes of section 504 of the National 9 Security Act of 1947 (50 U.S.C. 414) during fiscal year 10 2018 until the enactment of the Intelligence Authorization 11 Act for Fiscal Year 2018. 12 SEC. 122. Not to exceed $5,000 shall be made avail- 13 able from the Bureau of Engraving and Printing’s Indus14 trial Revolving Fund for necessary official reception and 15 representation expenses. 16 SEC. 123. The Secretary of the Treasury shall submit 17 a Capital Investment Plan to the Committees on Appro18 priations of the Senate and the House of Representatives 19 not later than 30 days following the submission of the an20 nual budget submitted by the President: Provided, That 21 such Capital Investment Plan shall include capital invest22 ment spending from all accounts within the Department 23 of the Treasury, including but not limited to the Depart24 ment-wide Systems and Capital Investment Programs ac25 count, Treasury Franchise Fund account, and the Treas- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 491 1 ury Forfeiture Fund account: Provided further, That such 2 Capital Investment Plan shall include expenditures occur3 ring in previous fiscal years for each capital investment 4 project that has not been fully completed. 5 SEC. 124. Within 45 days after the date of enactment 6 of this Act, the Secretary of the Treasury shall submit 7 an itemized report to the Committees on Appropriations 8 of the House of Representatives and the Senate on the 9 amount of total funds charged to each office by the Fran10 chise Fund including the amount charged for each service 11 provided by the Franchise Fund to each office, a detailed 12 description of the services, a detailed explanation of how 13 each charge for each service is calculated, and a descrip14 tion of the role customers have in governing in the Fran15 chise Fund. 16 SEC. 125. During fiscal year 2018— 17 (1) none of the funds made available in this or 18 any other Act may be used by the Department of 19 the Treasury, including the Internal Revenue Serv- 20 ice, to issue, revise, or finalize any regulation, rev- 21 enue ruling, or other guidance not limited to a par- 22 ticular taxpayer relating to the standard which is 23 used to determine whether an organization is oper- 24 ated exclusively for the promotion of social welfare 25 for purposes of section 501(c)(4) of the Internal March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 492 1 Revenue Code of 1986 (including the proposed regu- 2 lations published at 78 Fed. Reg. 71535 (November 3 29, 2013)); and 4 (2) the standard and definitions as in effect on 5 January 1, 2010, which are used to make such de- 6 terminations shall apply after the date of the enact- 7 ment of this Act for purposes of determining status 8 under section 501(c)(4) of such Code of organiza- 9 tions created on, before, or after such date. 10 SEC. 126. (a) Not later than 60 days after the end 11 of each quarter, the Office of Financial Stability and the 12 Office of Financial Research shall submit reports on their 13 activities to the Committees on Appropriations of the 14 House of Representatives and the Senate, the Committee 15 on Financial Services of the House of Representatives and 16 the Senate Committee on Banking, Housing, and Urban 17 Affairs. 18 (b) The reports required under subsection (a) shall 19 include— 20 21 (1) the obligations made during the previous quarter by object class, office, and activity; 22 (2) the estimated obligations for the remainder 23 of the fiscal year by object class, office, and activity; 24 (3) the number of full-time equivalents within 25 March 21, 2018 (6:08 p.m.) each office during the previous quarter; U:\2018REPT\OMNI\Final\RCP—FM.xml 493 1 (4) the estimated number of full-time equiva- 2 lents within each office for the remainder of the fis- 3 cal year; and 4 (5) actions taken to achieve the goals, objec- 5 tives, and performance measures of each office. 6 (c) At the request of any such Committees specified 7 in subsection (a), the Office of Financial Stability and the 8 Office of Financial Research shall make officials available 9 to testify on the contents of the reports required under 10 subsection (a). 11 SEC. 127. Notwithstanding paragraph (2) of section 12 402(c) of the Helping Families Save their Homes Act of 13 2009, in utilizing funds made available by paragraph (1) 14 of section 402(c) of such Act, the Special Inspector Gen15 eral for the Troubled Asset Relief Program shall prioritize 16 the performance of audits or investigations of any pro17 gram that is funded in whole or in part by funds appro18 priated under the Emergency Economic Stabilization Act 19 of 2008, to the extent that such priority is consistent with 20 other aspects of the mission of the Special Inspector Gen21 eral. 22 This title may be cited as the ‘‘Department of the 23 Treasury Appropriations Act, 2018’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 494 1 TITLE II 2 EXECUTIVE OFFICE OF THE PRESIDENT AND 3 FUNDS APPROPRIATED TO THE PRESIDENT 4 THE WHITE HOUSE 5 SALARIES AND EXPENSES 6 For necessary expenses for the White House as au- 7 thorized by law, including not to exceed $3,850,000 for 8 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; 9 subsistence expenses as authorized by 3 U.S.C. 105, which 10 shall be expended and accounted for as provided in that 11 section; hire of passenger motor vehicles, and travel (not 12 to exceed $100,000 to be expended and accounted for as 13 provided by 3 U.S.C. 103); and not to exceed $19,000 for 14 official reception and representation expenses, to be avail15 able for allocation within the Executive Office of the Presi16 dent; and for necessary expenses of the Office of Policy 17 Development, including services as authorized by 5 U.S.C. 18 3109 and 3 U.S.C. 107, $55,000,000. 19 EXECUTIVE RESIDENCE 20 21 AT THE WHITE HOUSE OPERATING EXPENSES For necessary expenses of the Executive Residence 22 at the White House, $12,917,000, to be expended and ac23 counted for as provided by 3 U.S.C. 105, 109, 110, and 24 112–114. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 495 1 2 REIMBURSABLE EXPENSES For the reimbursable expenses of the Executive Resi- 3 dence at the White House, such sums as may be nec4 essary: Provided, That all reimbursable operating expenses 5 of the Executive Residence shall be made in accordance 6 with the provisions of this paragraph: Provided further, 7 That, notwithstanding any other provision of law, such 8 amount for reimbursable operating expenses shall be the 9 exclusive authority of the Executive Residence to incur ob10 ligations and to receive offsetting collections, for such ex11 penses: Provided further, That the Executive Residence 12 shall require each person sponsoring a reimbursable polit13 ical event to pay in advance an amount equal to the esti14 mated cost of the event, and all such advance payments 15 shall be credited to this account and remain available until 16 expended: Provided further, That the Executive Residence 17 shall require the national committee of the political party 18 of the President to maintain on deposit $25,000, to be 19 separately accounted for and available for expenses relat20 ing to reimbursable political events sponsored by such 21 committee during such fiscal year: Provided further, That 22 the Executive Residence shall ensure that a written notice 23 of any amount owed for a reimbursable operating expense 24 under this paragraph is submitted to the person owing 25 such amount within 60 days after such expense is in- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 496 1 curred, and that such amount is collected within 30 days 2 after the submission of such notice: Provided further, That 3 the Executive Residence shall charge interest and assess 4 penalties and other charges on any such amount that is 5 not reimbursed within such 30 days, in accordance with 6 the interest and penalty provisions applicable to an out7 standing debt on a United States Government claim under 8 31 U.S.C. 3717: Provided further, That each such amount 9 that is reimbursed, and any accompanying interest and 10 charges, shall be deposited in the Treasury as miscella11 neous receipts: Provided further, That the Executive Resi12 dence shall prepare and submit to the Committees on Ap13 propriations, by not later than 90 days after the end of 14 the fiscal year covered by this Act, a report setting forth 15 the reimbursable operating expenses of the Executive Res16 idence during the preceding fiscal year, including the total 17 amount of such expenses, the amount of such total that 18 consists of reimbursable official and ceremonial events, the 19 amount of such total that consists of reimbursable political 20 events, and the portion of each such amount that has been 21 reimbursed as of the date of the report: Provided further, 22 That the Executive Residence shall maintain a system for 23 the tracking of expenses related to reimbursable events 24 within the Executive Residence that includes a standard 25 for the classification of any such expense as political or March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 497 1 nonpolitical: Provided further, That no provision of this 2 paragraph may be construed to exempt the Executive Res3 idence from any other applicable requirement of sub4 chapter I or II of chapter 37 of title 31, United States 5 Code. 6 7 WHITE HOUSE REPAIR AND RESTORATION For the repair, alteration, and improvement of the 8 Executive Residence at the White House pursuant to 3 9 U.S.C. 105(d), $750,000, to remain available until ex10 pended, for required maintenance, resolution of safety and 11 health issues, and continued preventative maintenance. 12 13 14 COUNCIL OF ECONOMIC ADVISERS SALARIES AND EXPENSES For necessary expenses of the Council of Economic 15 Advisers in carrying out its functions under the Employ16 ment Act of 1946 (15 U.S.C. 1021 et seq.), $4,187,000. 17 NATIONAL SECURITY COUNCIL AND HOMELAND 18 SECURITY COUNCIL 19 SALARIES AND EXPENSES 20 For necessary expenses of the National Security 21 Council and the Homeland Security Council, including 22 services as authorized by 5 U.S.C. 3109, $11,800,000. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 498 1 2 3 OFFICE OF ADMINISTRATION SALARIES AND EXPENSES For necessary expenses of the Office of Administra- 4 tion, including services as authorized by 5 U.S.C. 3109 5 and 3 U.S.C. 107, and hire of passenger motor vehicles, 6 $100,000,000, of which not to exceed $12,800,000 shall 7 remain available until expended for continued moderniza8 tion of information resources within the Executive Office 9 of the President. 10 11 12 OFFICE OF MANAGEMENT AND BUDGET SALARIES AND EXPENSES For necessary expenses of the Office of Management 13 and Budget, including hire of passenger motor vehicles 14 and services as authorized by 5 U.S.C. 3109, to carry out 15 the provisions of chapter 35 of title 44, United States 16 Code, and to prepare and submit the budget of the United 17 States Government, in accordance with section 1105(a) of 18 title 31, United States Code, $101,000,000, of which not 19 to exceed $3,000 shall be available for official representa20 tion expenses: Provided, That none of the funds appro21 priated in this Act for the Office of Management and 22 Budget may be used for the purpose of reviewing any agri23 cultural marketing orders or any activities or regulations 24 under the provisions of the Agricultural Marketing Agree25 ment Act of 1937 (7 U.S.C. 601 et seq.): Provided further, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 499 1 That none of the funds made available for the Office of 2 Management and Budget by this Act may be expended for 3 the altering of the transcript of actual testimony of wit4 nesses, except for testimony of officials of the Office of 5 Management and Budget, before the Committees on Ap6 propriations or their subcommittees: Provided further, 7 That of the funds made available for the Office of Man8 agement and Budget by this Act, no less than three full9 time equivalent senior staff position shall be dedicated 10 solely to the Office of the Intellectual Property Enforce11 ment Coordinator: Provided further, That none of the 12 funds provided in this or prior Acts shall be used, directly 13 or indirectly, by the Office of Management and Budget, 14 for evaluating or determining if water resource project or 15 study reports submitted by the Chief of Engineers acting 16 through the Secretary of the Army are in compliance with 17 all applicable laws, regulations, and requirements relevant 18 to the Civil Works water resource planning process: Pro19 vided further, That the Office of Management and Budget 20 shall have not more than 60 days in which to perform 21 budgetary policy reviews of water resource matters on 22 which the Chief of Engineers has reported: Provided fur23 ther, That the Director of the Office of Management and 24 Budget shall notify the appropriate authorizing and ap25 propriating committees when the 60-day review is initi- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 500 1 ated: Provided further, That if water resource reports have 2 not been transmitted to the appropriate authorizing and 3 appropriating committees within 15 days after the end of 4 the Office of Management and Budget review period based 5 on the notification from the Director, Congress shall as6 sume Office of Management and Budget concurrence with 7 the report and act accordingly. 8 9 10 OFFICE OF NATIONAL DRUG CONTROL POLICY SALARIES AND EXPENSES For necessary expenses of the Office of National 11 Drug Control Policy; for research activities pursuant to 12 the Office of National Drug Control Policy Reauthoriza13 tion Act of 2006 (Public Law 109–469); not to exceed 14 $10,000 for official reception and representation expenses; 15 and for participation in joint projects or in the provision 16 of services on matters of mutual interest with nonprofit, 17 research, or public organizations or agencies, with or with18 out reimbursement, $18,400,000: Provided, That the Of19 fice is authorized to accept, hold, administer, and utilize 20 gifts, both real and personal, public and private, without 21 fiscal year limitation, for the purpose of aiding or facili22 tating the work of the Office. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 501 1 FEDERAL DRUG CONTROL PROGRAMS 2 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM 3 (INCLUDING TRANSFERS OF FUNDS) 4 For necessary expenses of the Office of National 5 Drug Control Policy’s High Intensity Drug Trafficking 6 Areas Program, $280,000,000, to remain available until 7 September 30, 2019, for drug control activities consistent 8 with the approved strategy for each of the designated 9 High Intensity Drug Trafficking Areas (‘‘HIDTAs’’), of 10 which not less than 51 percent shall be transferred to 11 State and local entities for drug control activities and shall 12 be obligated not later than 120 days after enactment of 13 this Act: Provided, That up to 49 percent may be trans14 ferred to Federal agencies and departments in amounts 15 determined by the Director of the Office of National Drug 16 Control Policy, of which up to $2,700,000 may be used 17 for auditing services and associated activities: Provided 18 further, That, notwithstanding the requirements of Public 19 Law 106–58, any unexpended funds obligated prior to fis20 cal year 2016 may be used for any other approved activi21 ties of that HIDTA, subject to reprogramming require22 ments: Provided further, That each HIDTA designated as 23 of September 30, 2017, shall be funded at not less than 24 the fiscal year 2017 base level, unless the Director submits 25 to the Committees on Appropriations of the House of Rep- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 502 1 resentatives and the Senate justification for changes to 2 those levels based on clearly articulated priorities and pub3 lished Office of National Drug Control Policy performance 4 measures of effectiveness: Provided further, That the Di5 rector shall notify the Committees on Appropriations of 6 the initial allocation of fiscal year 2018 funding among 7 HIDTAs not later than 45 days after enactment of this 8 Act, and shall notify the Committees of planned uses of 9 discretionary HIDTA funding, as determined in consulta10 tion with the HIDTA Directors, not later than 90 days 11 after enactment of this Act: Provided further, That upon 12 a determination that all or part of the funds so transferred 13 from this appropriation are not necessary for the purposes 14 provided herein and upon notification to the Committees 15 on Appropriations of the House of Representatives and the 16 Senate, such amounts may be transferred back to this ap17 propriation. 18 OTHER FEDERAL DRUG CONTROL PROGRAMS 19 (INCLUDING TRANSFERS OF FUNDS) 20 For other drug control activities authorized by the 21 Office of National Drug Control Policy Reauthorization 22 Act of 2006 (Public Law 109–469), $117,093,000, to re23 main available until expended, which shall be available as 24 follows: $99,000,000 for the Drug-Free Communities Pro25 gram, of which $2,000,000 shall be made available as di- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 503 1 rected by section 4 of Public Law 107–82, as amended 2 by Public Law 109–469 (21 U.S.C. 1521 note); 3 $2,000,000 for drug court training and technical assist4 ance; $9,500,000 for anti-doping activities; $2,343,000 for 5 the United States membership dues to the World Anti6 Doping Agency; and $1,250,000 shall be made available 7 as directed by section 1105 of Public Law 109–469; and 8 $3,000,000, to remain available until expended, shall be 9 for activities authorized by section 103 of Public Law 10 114–198: Provided, That amounts made available under 11 this heading may be transferred to other Federal depart12 ments and agencies to carry out such activities. 13 UNANTICIPATED NEEDS 14 For expenses necessary to enable the President to 15 meet unanticipated needs, in furtherance of the national 16 interest, security, or defense which may arise at home or 17 abroad during the current fiscal year, as authorized by 18 3 U.S.C. 108, $798,000, to remain available until Sep19 tember 30, 2019. 20 INFORMATION TECHNOLOGY OVERSIGHT 21 22 AND REFORM (INCLUDING TRANSFER OF FUNDS) For necessary expenses for the furtherance of inte- 23 grated, efficient, secure, and effective uses of information 24 technology in the Federal Government, $19,000,000, to 25 remain available until expended: Provided, That the Direc- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 504 1 tor of the Office of Management and Budget may transfer 2 these funds to one or more other agencies to carry out 3 projects to meet these purposes. 4 5 6 SPECIAL ASSISTANCE TO THE PRESIDENT SALARIES AND EXPENSES For necessary expenses to enable the Vice President 7 to provide assistance to the President in connection with 8 specially assigned functions; services as authorized by 5 9 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex10 penses as authorized by 3 U.S.C. 106, which shall be ex11 pended and accounted for as provided in that section; and 12 hire of passenger motor vehicles, $4,288,000. 13 OFFICIAL RESIDENCE OF THE VICE PRESIDENT 14 OPERATING EXPENSES 15 (INCLUDING TRANSFER OF FUNDS) 16 For the care, operation, refurnishing, improvement, 17 and to the extent not otherwise provided for, heating and 18 lighting, including electric power and fixtures, of the offi19 cial residence of the Vice President; the hire of passenger 20 motor vehicles; and not to exceed $90,000 pursuant to 3 21 U.S.C. 106(b)(2), $302,000: Provided, That advances, re22 payments, or transfers from this appropriation may be 23 made to any department or agency for expenses of car24 rying out such activities. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 505 1 ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF 2 THE TO 3 THE 4 5 PRESIDENT AND FUNDS APPROPRIATED PRESIDENT (INCLUDING TRANSFER OF FUNDS) SEC. 201. From funds made available in this Act 6 under the headings ‘‘The White House’’, ‘‘Executive Resi7 dence at the White House’’, ‘‘White House Repair and 8 Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National 9 Security Council and Homeland Security Council’’, ‘‘Of10 fice of Administration’’, ‘‘Special Assistance to the Presi11 dent’’, and ‘‘Official Residence of the Vice President’’, the 12 Director of the Office of Management and Budget (or 13 such other officer as the President may designate in writ14 ing), may, with advance approval of the Committees on 15 Appropriations of the House of Representatives and the 16 Senate, transfer not to exceed 10 percent of any such ap17 propriation to any other such appropriation, to be merged 18 with and available for the same time and for the same 19 purposes as the appropriation to which transferred: Pro20 vided, That the amount of an appropriation shall not be 21 increased by more than 50 percent by such transfers: Pro22 vided further, That no amount shall be transferred from 23 ‘‘Special Assistance to the President’’ or ‘‘Official Resi24 dence of the Vice President’’ without the approval of the 25 Vice President. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 506 1 SEC. 202. Within 90 days after the date of enactment 2 of this section, the Director of the Office of Management 3 and Budget shall submit a report to the Committees on 4 Appropriations of the House of Representatives and the 5 Senate on the costs of implementing the Dodd-Frank Wall 6 Street Reform and Consumer Protection Act (Public Law 7 111–203). Such report shall include— 8 (1) the estimated mandatory and discretionary 9 obligations of funds through fiscal year 2019, by 10 Federal agency and by fiscal year, including— 11 (A) the estimated obligations by cost in- 12 puts such as rent, information technology, con- 13 tracts, and personnel; 14 15 16 (B) the methodology and data sources used to calculate such estimated obligations; and (C) the specific section of such Act that re- 17 quires the obligation of funds; and 18 (2) the estimated receipts through fiscal year 19 2019 from assessments, user fees, and other fees by 20 the Federal agency making the collections, by fiscal 21 year, including— 22 23 24 25 March 21, 2018 (6:08 p.m.) (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. U:\2018REPT\OMNI\Final\RCP—FM.xml 507 1 SEC. 203. (a) During fiscal year 2018, any Executive 2 order or Presidential memorandum issued or revoked by 3 the President shall be accompanied by a written statement 4 from the Director of the Office of Management and Budg5 et on the budgetary impact, including costs, benefits, and 6 revenues, of such order or memorandum. 7 (b) Any such statement shall include— 8 (1) a narrative summary of the budgetary im- 9 pact of such order or memorandum on the Federal 10 Government; 11 (2) the impact on mandatory and discretionary 12 obligations and outlays as the result of such order 13 or memorandum, listed by Federal agency, for each 14 year in the 5-fiscal year period beginning in fiscal 15 year 2018; and 16 (3) the impact on revenues of the Federal Gov- 17 ernment as the result of such order or memorandum 18 over the 5-fiscal-year period beginning in fiscal year 19 2018. 20 (c) If an Executive order or Presidential memo- 21 randum is issued during fiscal year 2018 due to a national 22 emergency, the Director of the Office of Management and 23 Budget may issue the statement required by subsection 24 (a) not later than 15 days after the date that such order 25 or memorandum is issued. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 508 1 (d) The requirement for cost estimates for Presi- 2 dential memoranda shall only apply for Presidential 3 memoranda estimated to have a regulatory cost in excess 4 of $100,000,000. 5 This title may be cited as the ‘‘Executive Office of 6 the President Appropriations Act, 2018’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 509 1 TITLE III 2 THE JUDICIARY 3 4 5 SUPREME COURT OF THE UNITED STATES SALARIES AND EXPENSES For expenses necessary for the operation of the Su- 6 preme Court, as required by law, excluding care of the 7 building and grounds, including hire of passenger motor 8 vehicles as authorized by 31 U.S.C. 1343 and 1344; not 9 to exceed $10,000 for official reception and representation 10 expenses; and for miscellaneous expenses, to be expended 11 as the Chief Justice may approve, $82,028,000, of which 12 $1,500,000 shall remain available until expended. 13 In addition, there are appropriated such sums as may 14 be necessary under current law for the salaries of the chief 15 justice and associate justices of the court. 16 17 CARE OF THE BUILDING AND GROUNDS For such expenditures as may be necessary to enable 18 the Architect of the Capitol to carry out the duties im19 posed upon the Architect by 40 U.S.C. 6111 and 6112, 20 $16,153,000, to remain available until expended. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 510 1 UNITED STATES COURT OF 2 CIRCUIT 3 SALARIES AND EXPENSES 4 APPEALS FOR THE FEDERAL For salaries of officers and employees, and for nec- 5 essary expenses of the court, as authorized by law, 6 $31,291,000. 7 In addition, there are appropriated such sums as may 8 be necessary under current law for the salaries of the chief 9 judge and judges of the court. 10 UNITED STATES COURT 11 OF INTERNATIONAL TRADE SALARIES AND EXPENSES 12 For salaries of officers and employees of the court, 13 services, and necessary expenses of the court, as author14 ized by law, $18,889,000. 15 In addition, there are appropriated such sums as may 16 be necessary under current law for the salaries of the chief 17 judge and judges of the court. 18 COURTS OF APPEALS, DISTRICT COURTS, 19 JUDICIAL SERVICES 20 SALARIES AND EXPENSES 21 AND OTHER For the salaries of judges of the United States Court 22 of Federal Claims, magistrate judges, and all other offi23 cers and employees of the Federal Judiciary not otherwise 24 specifically provided for, necessary expenses of the courts, 25 and the purchase, rental, repair, and cleaning of uniforms March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 511 1 for Probation and Pretrial Services Office staff, as author2 ized by law, $5,099,061,000 (including the purchase of 3 firearms and ammunition); of which not to exceed 4 $27,817,000 shall remain available until expended for 5 space alteration projects and for furniture and furnishings 6 related to new space alteration and construction projects. 7 In addition, there are appropriated such sums as may 8 be necessary under current law for the salaries of circuit 9 and district judges (including judges of the territorial 10 courts of the United States), bankruptcy judges, and jus11 tices and judges retired from office or from regular active 12 service. 13 In addition, for expenses of the United States Court 14 of Federal Claims associated with processing cases under 15 the National Childhood Vaccine Injury Act of 1986 (Pub16 lic Law 99–660), not to exceed $8,230,000, to be appro17 priated from the Vaccine Injury Compensation Trust 18 Fund. 19 20 DEFENDER SERVICES For the operation of Federal Defender organizations; 21 the compensation and reimbursement of expenses of attor22 neys appointed to represent persons under 18 U.S.C. 23 3006A and 3599, and for the compensation and reim24 bursement of expenses of persons furnishing investigative, 25 expert, and other services for such representations as au- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 512 1 thorized by law; the compensation (in accordance with the 2 maximums under 18 U.S.C. 3006A) and reimbursement 3 of expenses of attorneys appointed to assist the court in 4 criminal cases where the defendant has waived representa5 tion by counsel; the compensation and reimbursement of 6 expenses of attorneys appointed to represent jurors in civil 7 actions for the protection of their employment, as author8 ized by 28 U.S.C. 1875(d)(1); the compensation and reim9 bursement of expenses of attorneys appointed under 18 10 U.S.C. 983(b)(1) in connection with certain judicial civil 11 forfeiture proceedings; the compensation and reimburse12 ment of travel expenses of guardians ad litem appointed 13 under 18 U.S.C. 4100(b); and for necessary training and 14 general administrative expenses, $1,078,713,000 to re15 main available until expended. 16 17 FEES OF JURORS AND COMMISSIONERS For fees and expenses of jurors as authorized by 28 18 U.S.C. 1871 and 1876; compensation of jury commis19 sioners as authorized by 28 U.S.C. 1863; and compensa20 tion of commissioners appointed in condemnation cases 21 pursuant to rule 71.1(h) of the Federal Rules of Civil Pro22 cedure (28 U.S.C. Appendix Rule 71.1(h)), $50,944,000, 23 to remain available until expended: Provided, That the 24 compensation of land commissioners shall not exceed the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 513 1 daily equivalent of the highest rate payable under 5 U.S.C. 2 5332. 3 COURT SECURITY 4 (INCLUDING TRANSFER OF FUNDS) 5 For necessary expenses, not otherwise provided for, 6 incident to the provision of protective guard services for 7 United States courthouses and other facilities housing 8 Federal court operations, and the procurement, installa9 tion, and maintenance of security systems and equipment 10 for United States courthouses and other facilities housing 11 Federal court operations, including building ingress-egress 12 control, inspection of mail and packages, directed security 13 patrols, perimeter security, basic security services provided 14 by the Federal Protective Service, and other similar activi15 ties as authorized by section 1010 of the Judicial Improve16 ment and Access to Justice Act (Public Law 100–702), 17 $586,999,000, of which not to exceed $20,000,000 shall 18 remain available until expended, to be expended directly 19 or transferred to the United States Marshals Service, 20 which shall be responsible for administering the Judicial 21 Facility Security Program consistent with standards or 22 guidelines agreed to by the Director of the Administrative 23 Office of the United States Courts and the Attorney Gen24 eral. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 514 1 ADMINISTRATIVE OFFICE OF THE UNITED STATES 2 COURTS 3 SALARIES AND EXPENSES 4 For necessary expenses of the Administrative Office 5 of the United States Courts as authorized by law, includ6 ing travel as authorized by 31 U.S.C. 1345, hire of a pas7 senger motor vehicle as authorized by 31 U.S.C. 1343(b), 8 advertising and rent in the District of Columbia and else9 where, $90,423,000, of which not to exceed $8,500 is au10 thorized for official reception and representation expenses. 11 FEDERAL JUDICIAL CENTER 12 SALARIES AND EXPENSES 13 For necessary expenses of the Federal Judicial Cen- 14 ter, as authorized by Public Law 90–219, $29,265,000; 15 of which $1,800,000 shall remain available through Sep16 tember 30, 2019, to provide education and training to 17 Federal court personnel; and of which not to exceed 18 $1,500 is authorized for official reception and representa19 tion expenses. 20 UNITED STATES SENTENCING COMMISSION 21 SALARIES AND EXPENSES 22 For the salaries and expenses necessary to carry out 23 the provisions of chapter 58 of title 28, United States 24 Code, $18,699,000, of which not to exceed $1,000 is au25 thorized for official reception and representation expenses. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 515 1 ADMINISTRATIVE PROVISIONS—THE JUDICIARY 2 (INCLUDING TRANSFER OF FUNDS) 3 SEC. 301. Appropriations and authorizations made in 4 this title which are available for salaries and expenses shall 5 be available for services as authorized by 5 U.S.C. 3109. 6 SEC. 302. Not to exceed 5 percent of any appropria- 7 tion made available for the current fiscal year for the Judi8 ciary in this Act may be transferred between such appro9 priations, but no such appropriation, except ‘‘Courts of 10 Appeals, District Courts, and Other Judicial Services, De11 fender Services’’ and ‘‘Courts of Appeals, District Courts, 12 and Other Judicial Services, Fees of Jurors and Commis13 sioners’’, shall be increased by more than 10 percent by 14 any such transfers: Provided, That any transfer pursuant 15 to this section shall be treated as a reprogramming of 16 funds under sections 604 and 608 of this Act and shall 17 not be available for obligation or expenditure except in 18 compliance with the procedures set forth in section 608. 19 SEC. 303. Notwithstanding any other provision of 20 law, the salaries and expenses appropriation for ‘‘Courts 21 of Appeals, District Courts, and Other Judicial Services’’ 22 shall be available for official reception and representation 23 expenses of the Judicial Conference of the United States: 24 Provided, That such available funds shall not exceed 25 $11,000 and shall be administered by the Director of the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 516 1 Administrative Office of the United States Courts in the 2 capacity as Secretary of the Judicial Conference. 3 SEC. 304. Section 3315(a) of title 40, United States 4 Code, shall be applied by substituting ‘‘Federal’’ for ‘‘exec5 utive’’ each place it appears. 6 SEC. 305. In accordance with 28 U.S.C. 561–569, 7 and notwithstanding any other provision of law, the 8 United States Marshals Service shall provide, for such 9 courthouses as its Director may designate in consultation 10 with the Director of the Administrative Office of the 11 United States Courts, for purposes of a pilot program, the 12 security services that 40 U.S.C. 1315 authorizes the De13 partment of Homeland Security to provide, except for the 14 services specified in 40 U.S.C. 1315(b)(2)(E). For build15 ing-specific security services at these courthouses, the Di16 rector of the Administrative Office of the United States 17 Courts shall reimburse the United States Marshals Service 18 rather than the Department of Homeland Security. 19 SEC. 306. (a) Section 203(c) of the Judicial Improve- 20 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 21 note), is amended in the matter following paragraph 12— 22 (1) in the second sentence (relating to the Dis- 23 trict of Kansas), by striking ‘‘26 years and 6 24 months’’ and inserting ‘‘27 years and 6 months’’; 25 and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 517 1 (2) in the sixth sentence (relating to the Dis- 2 trict of Hawaii), by striking ‘‘21 years and 6 3 months’’ and inserting ‘‘24 years and 6 months’’. 4 (b) Section 406 of the Transportation, Treasury, 5 Housing and Urban Development, the Judiciary, the Dis6 trict of Columbia, and Independent Agencies Appropria7 tions Act, 2006 (Public Law 109–115; 119 Stat. 2470; 8 28 U.S.C. 133 note) is amended in the second sentence 9 (relating to the eastern District of Missouri) by striking 10 ‘‘24 years and 6 months’’ and inserting ‘‘25 years and 11 6 months’’. 12 (c) Section 312(c)(2) of the 21st Century Depart- 13 ment of Justice Appropriations Authorization Act (Public 14 Law 107–273; 28 U.S.C. 133 note), is amended— 15 16 (1) in the first sentence by striking ‘‘15 years’’ and inserting ‘‘16 years’’; 17 (2) in the second sentence (relating to the cen- 18 tral District of California), by striking ‘‘14 years 19 and 6 months’’ and inserting ‘‘15 years and 6 20 months’’; and 21 (3) in the third sentence (relating to the west- 22 ern district of North Carolina), by striking ‘‘13 23 years’’ and inserting ‘‘14 years’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 518 1 SEC. 307. (a) Section 1871(b) of title 28, United 2 States Code, is amended in paragraph (1) by striking 3 ‘‘$40’’ and inserting ‘‘$50’’. 4 (b) EFFECTIVE DATE.—The amendment made in 5 subsection (a) shall take effect 45 days after the date of 6 enactment of this Act. 7 This title may be cited as the ‘‘Judiciary Appropria- 8 tions Act, 2018’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 519 1 TITLE IV 2 DISTRICT OF COLUMBIA 3 FEDERAL FUNDS 4 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT 5 For a Federal payment to the District of Columbia, 6 to be deposited into a dedicated account, for a nationwide 7 program to be administered by the Mayor, for District of 8 Columbia resident tuition support, $40,000,000, to remain 9 available until expended: Provided, That such funds, in10 cluding any interest accrued thereon, may be used on be11 half of eligible District of Columbia residents to pay an 12 amount based upon the difference between in-State and 13 out-of-State tuition at public institutions of higher edu14 cation, or to pay up to $2,500 each year at eligible private 15 institutions of higher education: Provided further, That the 16 awarding of such funds may be prioritized on the basis 17 of a resident’s academic merit, the income and need of 18 eligible students and such other factors as may be author19 ized: Provided further, That the District of Columbia gov20 ernment shall maintain a dedicated account for the Resi21 dent Tuition Support Program that shall consist of the 22 Federal funds appropriated to the Program in this Act 23 and any subsequent appropriations, any unobligated bal24 ances from prior fiscal years, and any interest earned in 25 this or any fiscal year: Provided further, That the account March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 520 1 shall be under the control of the District of Columbia 2 Chief Financial Officer, who shall use those funds solely 3 for the purposes of carrying out the Resident Tuition Sup4 port Program: Provided further, That the Office of the 5 Chief Financial Officer shall provide a quarterly financial 6 report to the Committees on Appropriations of the House 7 of Representatives and the Senate for these funds show8 ing, by object class, the expenditures made and the pur9 pose therefor. 10 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND 11 SECURITY COSTS IN THE DISTRICT OF COLUMBIA 12 For a Federal payment of necessary expenses, as de- 13 termined by the Mayor of the District of Columbia in writ14 ten consultation with the elected county or city officials 15 of surrounding jurisdictions, $13,000,000, to remain 16 available until expended, for the costs of providing public 17 safety at events related to the presence of the National 18 Capital in the District of Columbia, including support re19 quested by the Director of the United States Secret Serv20 ice in carrying out protective duties under the direction 21 of the Secretary of Homeland Security, and for the costs 22 of providing support to respond to immediate and specific 23 terrorist threats or attacks in the District of Columbia or 24 surrounding jurisdictions. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 521 1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 2 COURTS 3 For salaries and expenses for the District of Colum- 4 bia Courts, $265,400,000 to be allocated as follows: for 5 the District of Columbia Court of Appeals, $14,000,000, 6 of which not to exceed $2,500 is for official reception and 7 representation expenses; for the Superior Court of the 8 District of Columbia, $121,000,000, of which not to ex9 ceed $2,500 is for official reception and representation ex10 penses; for the District of Columbia Court System, 11 $71,500,000, of which not to exceed $2,500 is for official 12 reception and representation expenses; and $58,900,000, 13 to remain available until September 30, 2019, for capital 14 improvements for District of Columbia courthouse facili15 ties: Provided, That funds made available for capital im16 provements shall be expended consistent with the District 17 of Columbia Courts master plan study and facilities condi18 tion assessment: Provided further, That notwithstanding 19 any other provision of law, all amounts under this heading 20 shall be apportioned quarterly by the Office of Manage21 ment and Budget and obligated and expended in the same 22 manner as funds appropriated for salaries and expenses 23 of other Federal agencies: Provided further, That 30 days 24 after providing written notice to the Committees on Ap25 propriations of the House of Representatives and the Sen- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 522 1 ate, the District of Columbia Courts may reallocate not 2 more than $6,000,000 of the funds provided under this 3 heading among the items and entities funded under this 4 heading: Provided further, That the Joint Committee on 5 Judicial Administration in the District of Columbia may, 6 by regulation, establish a program substantially similar to 7 the program set forth in subchapter II of chapter 35 of 8 title 5, United States Code, for employees of the District 9 of Columbia Courts. 10 FEDERAL PAYMENT FOR DEFENDER SERVICES IN 11 DISTRICT OF COLUMBIA COURTS 12 (INCLUDING TRANSFER OF FUNDS) 13 For payments authorized under section 11–2604 and 14 section 11–2605, D.C. Official Code (relating to represen15 tation provided under the District of Columbia Criminal 16 Justice Act), payments for counsel appointed in pro17 ceedings in the Family Court of the Superior Court of the 18 District of Columbia under chapter 23 of title 16, D.C. 19 Official Code, or pursuant to contractual agreements to 20 provide guardian ad litem representation, training, tech21 nical assistance, and such other services as are necessary 22 to improve the quality of guardian ad litem representation, 23 payments for counsel appointed in adoption proceedings 24 under chapter 3 of title 16, D.C. Official Code, and pay25 ments authorized under section 21–2060, D.C. Official March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 523 1 Code (relating to services provided under the District of 2 Columbia Guardianship, Protective Proceedings, and Du3 rable Power of Attorney Act of 1986), $49,890,000, to 4 remain available until expended: Provided, That not more 5 than $20,000,000 in unobligated funds provided in this 6 account may be transferred to and merged with funds 7 made available under the heading ‘‘Federal Payment to 8 the District of Columbia Courts,’’ to be available for the 9 same period and purposes as funds made available under 10 that heading for capital improvements to District of Co11 lumbia courthouse facilities: Provided, That funds pro12 vided under this heading shall be administered by the 13 Joint Committee on Judicial Administration in the Dis14 trict of Columbia: Provided further, That, notwithstanding 15 any other provision of law, this appropriation shall be ap16 portioned quarterly by the Office of Management and 17 Budget and obligated and expended in the same manner 18 as funds appropriated for expenses of other Federal agen19 cies. 20 FEDERAL PAYMENT TO THE COURT SERVICES AND OF- 21 FENDER SUPERVISION AGENCY FOR THE DISTRICT 22 OF COLUMBIA 23 For salaries and expenses, including the transfer and 24 hire of motor vehicles, of the Court Services and Offender 25 Supervision Agency for the District of Columbia, as au- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 524 1 thorized by the National Capital Revitalization and Self2 Government Improvement Act of 1997, $244,298,000, of 3 which not to exceed $2,000 is for official reception and 4 representation expenses related to Community Supervision 5 and Pretrial Services Agency programs, of which not to 6 exceed $25,000 is for dues and assessments relating to 7 the implementation of the Court Services and Offender 8 Supervision Agency Interstate Supervision Act of 2002; 9 of which $180,840,000 shall be for necessary expenses of 10 Community Supervision and Sex Offender Registration, to 11 include expenses relating to the supervision of adults sub12 ject to protection orders or the provision of services for 13 or related to such persons; and of which $63,458,000 shall 14 be available to the Pretrial Services Agency: Provided, 15 That notwithstanding any other provision of law, all 16 amounts under this heading shall be apportioned quarterly 17 by the Office of Management and Budget and obligated 18 and expended in the same manner as funds appropriated 19 for salaries and expenses of other Federal agencies: Pro20 vided further, That amounts under this heading may be 21 used for programmatic incentives for defendants to suc22 cessfully complete their terms of supervision. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 525 1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 2 PUBLIC DEFENDER SERVICE 3 For salaries and expenses, including the transfer and 4 hire of motor vehicles, of the District of Columbia Public 5 Defender Service, as authorized by the National Capital 6 Revitalization and Self-Government Improvement Act of 7 1997, $41,829,000: Provided, That notwithstanding any 8 other provision of law, all amounts under this heading 9 shall be apportioned quarterly by the Office of Manage10 ment and Budget and obligated and expended in the same 11 manner as funds appropriated for salaries and expenses 12 of Federal agencies. 13 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE 14 COORDINATING COUNCIL 15 For a Federal payment to the Criminal Justice Co- 16 ordinating Council, $2,000,000, to remain available until 17 expended, to support initiatives related to the coordination 18 of Federal and local criminal justice resources in the Dis19 trict of Columbia. 20 FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS 21 For a Federal payment, to remain available until 22 September 30, 2019, to the Commission on Judicial Dis23 abilities and Tenure, $295,000, and for the Judicial Nomi24 nation Commission, $270,000. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 526 1 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT 2 For a Federal payment for a school improvement pro- 3 gram in the District of Columbia, $45,000,000, to remain 4 available until expended, for payments authorized under 5 the Scholarship for Opportunity and Results Act (division 6 C of Public Law 112–10): Provided, That, to the extent 7 that funds are available for opportunity scholarships and 8 following the priorities included in section 3006 of such 9 Act, the Secretary of Education shall make scholarships 10 available to students eligible under section 3013(3) of such 11 Act (Public Law 112–10; 125 Stat. 211) including stu12 dents who were not offered a scholarship during any pre13 vious school year: Provided further, That within funds pro14 vided for opportunity scholarships $3,200,000 shall be for 15 the activities specified in sections 3007(b) through 16 3007(d) and 3009 of the Act. 17 FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA 18 NATIONAL GUARD 19 For a Federal payment to the District of Columbia 20 National Guard, $435,000, to remain available until ex21 pended for the Major General David F. Wherley, Jr. Dis22 trict of Columbia National Guard Retention and College 23 Access Program. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 527 1 FEDERAL PAYMENT FOR TESTING AND TREATMENT OF 2 HIV/AIDS 3 For a Federal payment to the District of Columbia 4 for the testing of individuals for, and the treatment of in5 dividuals with, human immunodeficiency virus and ac6 quired immunodeficiency syndrome in the District of Co7 lumbia, $5,000,000. 8 DISTRICT 9 OF COLUMBIA FUNDS Local funds are appropriated for the District of Co- 10 lumbia for the current fiscal year out of the General Fund 11 of the District of Columbia (‘‘General Fund’’) for pro12 grams and activities set forth under the heading ‘‘PART 13 A—SUMMARY OF EXPENSES’’ and at the rate set forth 14 under such heading, as included in D.C. Bill 22–242, as 15 amended as of the date of enactment of this Act: Provided, 16 That notwithstanding any other provision of law, except 17 as provided in section 450A of the District of Columbia 18 Home Rule Act (section 1–204.50a, D.C. Official Code), 19 sections 816 and 817 of the Financial Services and Gen20 eral Government Appropriations Act, 2009 (secs. 47– 21 369.01 and 47–369.02, D.C. Official Code), and provi22 sions of this Act, the total amount appropriated in this 23 Act for operating expenses for the District of Columbia 24 for fiscal year 2018 under this heading shall not exceed 25 the estimates included in D.C. Bill 22–242, as amended March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 528 1 as of the date of enactment of this Act or the sum of the 2 total revenues of the District of Columbia for such fiscal 3 year: Provided further, That the amount appropriated may 4 be increased by proceeds of one-time transactions, which 5 are expended for emergency or unanticipated operating or 6 capital needs: Provided further, That such increases shall 7 be approved by enactment of local District law and shall 8 comply with all reserve requirements contained in the Dis9 trict of Columbia Home Rule Act: Provided further, That 10 the Chief Financial Officer of the District of Columbia 11 shall take such steps as are necessary to assure that the 12 District of Columbia meets these requirements, including 13 the apportioning by the Chief Financial Officer of the ap14 propriations and funds made available to the District dur15 ing fiscal year 2018, except that the Chief Financial Offi16 cer may not reprogram for operating expenses any funds 17 derived from bonds, notes, or other obligations issued for 18 capital projects. 19 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 20 WATER AND SEWER AUTHORITY 21 For a Federal payment to the District of Columbia 22 Water and Sewer Authority, $14,000,000, to remain avail23 able until expended, to continue implementation of the 24 Combined Sewer Overflow Long-Term Plan: Provided, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 529 1 That the District of Columbia Water and Sewer Authority 2 provides a 100 percent match for this payment. 3 This title may be cited as the ‘‘District of Columbia 4 Appropriations Act, 2018’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 530 1 TITLE V 2 INDEPENDENT AGENCIES 3 ADMINISTRATIVE CONFERENCE 4 5 OF THE UNITED STATES SALARIES AND EXPENSES For necessary expenses of the Administrative Con- 6 ference of the United States, authorized by 5 U.S.C. 591 7 et seq., $3,100,000, to remain available until September 8 30, 2019, of which not to exceed $1,000 is for official re9 ception and representation expenses. 10 CONSUMER PRODUCT SAFETY COMMISSION 11 SALARIES AND EXPENSES 12 For necessary expenses of the Consumer Product 13 Safety Commission, including hire of passenger motor ve14 hicles, services as authorized by 5 U.S.C. 3109, but at 15 rates for individuals not to exceed the per diem rate equiv16 alent to the maximum rate payable under 5 U.S.C. 5376, 17 purchase of nominal awards to recognize non-Federal offi18 cials’ contributions to Commission activities, and not to 19 exceed $8,000 for official reception and representation ex20 penses, $126,000,000, of which $1,100,000 shall remain 21 available until expended to carry out the program, includ22 ing administrative costs, required by section 1405 of the 23 Virginia Graeme Baker Pool and Spa Safety Act (Public 24 Law 110–140; 15 U.S.C. 8004). March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 531 1 ADMINISTRATIVE PROVISIONS—CONSUMER PRODUCT 2 SAFETY COMMISSION 3 SEC. 501. During fiscal year 2018, none of the 4 amounts made available by this Act may be used to final5 ize or implement the Safety Standard for Recreational 6 Off-Highway Vehicles published by the Consumer Product 7 Safety Commission in the Federal Register on November 8 19, 2014 (79 Fed. Reg. 68964) until after— 9 (1) the National Academy of Sciences, in con- 10 sultation with the National Highway Traffic Safety 11 Administration and the Department of Defense, 12 completes a study to determine— 13 (A) the technical validity of the lateral sta- 14 bility and vehicle handling requirements pro- 15 posed by such standard for purposes of reduc- 16 ing the risk of Recreational Off-Highway Vehi- 17 cle (referred to in this section as ‘‘ROV’’) roll- 18 overs in the off-road environment, including the 19 repeatability and reproducibility of testing for 20 compliance with such requirements; 21 (B) the number of ROV rollovers that 22 would be prevented if the proposed require- 23 ments were adopted; 24 (C) whether there is a technical basis for 25 the proposal to provide information on a point- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 532 1 of-sale hangtag about a ROV’s rollover resist- 2 ance on a progressive scale; and 3 (D) the effect on the utility of ROVs used 4 by the United States military if the proposed 5 requirements were adopted; and 6 (2) a report containing the results of the study 7 completed under paragraph (1) is delivered to— 8 (A) the Committee on Commerce, Science, 9 and Transportation of the Senate; 10 (B) the Committee on Energy and Com- 11 merce of the House of Representatives; 12 (C) the Committee on Appropriations of 13 the Senate; and 14 (D) the Committee on Appropriations of 15 the House of Representatives. 16 ELECTION ASSISTANCE COMMISSION 17 SALARIES AND EXPENSES 18 (INCLUDING TRANSFER OF FUNDS) 19 For necessary expenses to carry out the Help Amer- 20 ica Vote Act of 2002 (Public Law 107–252), $10,100,000, 21 of which $1,500,000 shall be transferred to the National 22 Institute of Standards and Technology for election reform 23 activities authorized under the Help America Vote Act of 24 2002. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 533 1 2 ELECTION REFORM PROGRAM Notwithstanding section 104(c)(2)(B) of the Help 3 America Vote Act of 2002 (52 U.S.C. 20904(c)(2)(B)), 4 $380,000,000 is provided to the Election Assistance Com5 mission for necessary expenses to make payments to 6 States for activities to improve the administration of elec7 tions for Federal office, including to enhance election tech8 nology and make election security improvements, as au9 thorized by sections 101, 103, and 104 of such Act: Pro10 vided, That each reference to the ‘‘Administrator of Gen11 eral Services’’ or the ‘‘Administrator’’ in sections 101 and 12 103 shall be deemed to refer to the ‘‘Election Assistance 13 Commission’’: Provided further, That each reference to 14 ‘‘$5,000,000’’ in section 103 shall be deemed to refer to 15 ‘‘$3,000,000’’ and each reference to ‘‘$1,000,000’’ in sec16 tion 103 shall be deemed to refer to ‘‘$600,000’’: Provided 17 further, That not later than 45 days after the date of en18 actment of this Act, the Election Assistance Commission 19 shall make the payments to states under this heading: 20 Provided further, That not later than two years after re21 ceiving a payment under this heading, a state shall make 22 available funds for such activities in an amount equal to 23 5 percent of the total amount of the payment made to 24 the State under this heading. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 534 1 FEDERAL COMMUNICATIONS COMMISSION 2 SALARIES AND EXPENSES 3 For necessary expenses of the Federal Communica- 4 tions Commission, as authorized by law, including uni5 forms and allowances therefor, as authorized by 5 U.S.C. 6 5901–5902; not to exceed $4,000 for official reception and 7 representation expenses; purchase and hire of motor vehi8 cles; special counsel fees; and services as authorized by 9 5 U.S.C. 3109, $322,035,000, to remain available until 10 expended: Provided, That $322,035,000 of offsetting col11 lections shall be assessed and collected pursuant to section 12 9 of title I of the Communications Act of 1934, shall be 13 retained and used for necessary expenses and shall remain 14 available until expended: Provided further, That the sum 15 herein appropriated shall be reduced as such offsetting 16 collections are received during fiscal year 2018 so as to 17 result in a final fiscal year 2018 appropriation estimated 18 at $0: Provided further, That any offsetting collections re19 ceived in excess of $322,035,000 in fiscal year 2018 shall 20 not be available for obligation: Provided further, That re21 maining offsetting collections from prior years collected in 22 excess of the amount specified for collection in each such 23 year and otherwise becoming available on October 1, 2017, 24 shall not be available for obligation: Provided further, 25 That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 535 1 from the use of a competitive bidding system that may 2 be retained and made available for obligation shall not ex3 ceed $111,150,000 for fiscal year 2018: Provided further, 4 That, of the amount appropriated under this heading, not 5 less than $11,020,000 shall be for the salaries and ex6 penses of the Office of Inspector General. 7 ADMINISTRATIVE PROVISIONS—FEDERAL 8 COMMUNICATIONS COMMISSION 9 SEC. 510. None of the funds appropriated by this Act 10 may be used by the Federal Communications Commission 11 to modify, amend, or change its rules or regulations for 12 universal service support payments to implement the Feb13 ruary 27, 2004 recommendations of the Federal-State 14 Joint Board on Universal Service regarding single connec15 tion or primary line restrictions on universal service sup16 port payments. 17 SEC. 511. Section 6403 of the Middle Class Tax Re- 18 lief and Job Creation Act of 2012 (47 U.S.C. 1452) is 19 amended by adding at the end the following: 20 21 ‘‘(j) RESERVE SOURCE TION FOR PAYMENT OF RELOCA- COSTS.— 22 ‘‘(1) FUNDING.—There are hereby authorized 23 to be appropriated, and appropriated, to the TV 24 Broadcaster Relocation Fund established by sub- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 536 1 section (d), out of any monies in the Treasury not 2 otherwise appropriated— 3 ‘‘(A) for fiscal year 2018, $600,000,000, 4 to remain available, notwithstanding subsection 5 (d)(4), until not later than July 3, 2023, pursu- 6 ant to this subsection; and 7 ‘‘(B) for fiscal year 2019, $400,000,000, 8 to remain available, notwithstanding subsection 9 (d)(4), until not later than July 3, 2023, pursu- 10 ant to this subsection. 11 ‘‘(2) AVAILABILITY 12 ‘‘(A) IN OF FUNDS.— GENERAL.—If the Commission 13 makes the certification described in subpara- 14 graph (B), amounts made available to the TV 15 Broadcaster Relocation Fund by paragraph (1) 16 shall be available to the Commission to make— 17 ‘‘(i) reimbursements pursuant to sub- 18 section (b)(4)(A)(i) or (b)(4)(A)(ii), includ- 19 ing not more than $350,000,000 for this 20 purpose from funds made available by 21 paragraph (1)(A); 22 ‘‘(ii) payments required by subsection 23 (k), including not more than $150,000,000 24 for this purpose from funds made available 25 by paragraph (1)(A); March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 537 1 ‘‘(iii) payments required by subsection 2 (l), including not more than $50,000,000 3 for this purpose from funds made available 4 by paragraph (1)(A); and 5 ‘‘(iv) payments solely for the purposes 6 of consumer education relating to the reor- 7 ganization of broadcast television spectrum 8 under 9 $50,000,000 for this purpose from funds subsection (b), including 10 made available by paragraph (1)(A). 11 ‘‘(B) CERTIFICATION.—The certification 12 described in this subparagraph is a certification 13 from the Commission to the Secretary of the 14 Treasury that the funds available prior to the 15 date of enactment of this subsection in the TV 16 Broadcaster Relocation Fund are likely to be 17 insufficient to reimburse reasonably incurred 18 costs described in subsection (b)(4)(A)(i) or 19 (b)(4)(A)(ii). 20 21 22 ‘‘(C) AVAILABILITY FOR PAYMENTS AFTER APRIL 13, 2020.— ‘‘(i) FOR PAYMENTS TO BROADCAST 23 TELEVISION 24 Notwithstanding subsection (b)(4)(D), the 25 Commission may make payments pursuant March 21, 2018 (6:08 p.m.) LICENSEES AND MVPDS.— U:\2018REPT\OMNI\Final\RCP—FM.xml 538 1 to subsection (b)(4)(A)(i) or (b)(4)(A)(ii) 2 from amounts made available to the TV 3 Broadcaster Relocation Fund by para- 4 graph (1) after April 13, 2020, if, before 5 making any such payments after such 6 date, the Commission submits to Congress 7 a certification that such payments are nec- 8 essary to reimburse reasonably incurred 9 costs described in such subsection. 10 ‘‘(ii) FOR PAYMENTS TO TELEVISION 11 TRANSLATOR STATIONS AND LOW POWER 12 TELEVISION 13 available to the TV Broadcaster Relocation 14 Fund by paragraph (1) shall not be avail- 15 able to the Commission to make payments 16 required by subsection (k) after April 13, 17 2020, unless, before making any such pay- 18 ments after such date, the Commission 19 submits to Congress a certification that 20 such payments are necessary to reimburse 21 costs reasonably incurred by a television 22 translator station or low power television 23 station (as such terms are defined in sub- 24 section (k)) on or after January 1, 2017, 25 in order for such station to relocate its tel- March 21, 2018 (6:08 p.m.) STATIONS.—Amounts made U:\2018REPT\OMNI\Final\RCP—FM.xml 539 1 evision service from one channel to another 2 channel or otherwise modify its facility as 3 a result of the reorganization of broadcast 4 television spectrum under subsection (b). 5 ‘‘(iii) FOR PAYMENTS TO FM BROAD- 6 CAST STATIONS.—Amounts 7 to the TV Broadcaster Relocation Fund by 8 paragraph (1) shall not be available to the 9 Commission to make payments required by 10 subsection (l) after April 13, 2020, unless, 11 before making any such payments after 12 such date, the Commission submits to Con- 13 gress a certification that such payments 14 are necessary to reimburse costs reason- 15 ably incurred by an FM broadcast station 16 (as defined in subsection (l)) for facilities 17 necessary for such station to reasonably 18 minimize disruption of service as a result 19 of the reorganization of broadcast tele- 20 vision spectrum under subsection (b). 21 ‘‘(3) UNUSED made available FUNDS RESCINDED AND DEPOS- 22 ITED INTO THE GENERAL FUND OF THE TREAS- 23 URY.— 24 25 March 21, 2018 (6:08 p.m.) ‘‘(A) RESCISSION AND DEPOSIT.—If any unobligated amounts made available to the TV U:\2018REPT\OMNI\Final\RCP—FM.xml 540 1 Broadcaster Relocation Fund by paragraph (1) 2 remain in the Fund after the date described in 3 subparagraph (B), such amounts shall be re- 4 scinded and deposited into the general fund of 5 the Treasury, where such amounts shall be 6 dedicated for the sole purpose of deficit reduc- 7 tion. 8 ‘‘(B) DATE DESCRIBED.—The date de- 9 scribed in this subparagraph is the earlier of— 10 ‘‘(i) the date of a certification by the 11 Commission under subparagraph (C) that 12 all reimbursements pursuant to subsections 13 (b)(4)(A)(i) and (b)(4)(A)(ii) have been 14 made and that all reimbursements pursu- 15 ant to subsections (k) and (l) have been 16 made; or 17 ‘‘(ii) July 3, 2023. 18 ‘‘(C) CERTIFICATION.—If all reimburse- 19 ments pursuant to subsections (b)(4)(A)(i) and 20 (b)(4)(A)(ii) and all reimbursements pursuant 21 to subsections (k) and (l) have been made be- 22 fore July 3, 2023, the Commission shall submit 23 to the Secretary of the Treasury a certification 24 that all such reimbursements have been made. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 541 1 ‘‘(4) ADMINISTRATIVE COSTS.—The amount of 2 auction proceeds that the salaries and expenses ac- 3 count of the Commission is required to retain under 4 section 309(j)(8)(B) of the Communications Act of 5 1934 (47 U.S.C. 309(j)(8)(B)), including from the 6 proceeds of the forward auction under this section, 7 shall be sufficient to cover the administrative costs 8 incurred by the Commission in making any reim- 9 bursements out of the TV Broadcaster Relocation 10 Fund from amounts made available to that Fund by 11 paragraph (1). 12 ‘‘(k) PAYMENT OF RELOCATION COSTS 13 VISION TRANSLATOR STATIONS 14 VISION STATIONS.— 15 ‘‘(1) PAYMENT AND OF TELE- LOW POWER TELE- REQUIRED.—From amounts 16 made available under subsection (j)(2), the Commis- 17 sion shall reimburse costs reasonably incurred by a 18 television translator station or low power television 19 station on or after January 1, 2017, in order for 20 such station to relocate its television service from 21 one channel to another channel or otherwise modify 22 its facility as a result of the reorganization of broad- 23 cast television spectrum under subsection (b). Only 24 stations that are eligible to file and do file an appli- 25 cation in the Commission’s Special Displacement March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 542 1 Window are eligible to seek reimbursement under 2 this paragraph. 3 ‘‘(2) LIMITATION.—The Commission may not 4 make reimbursements under paragraph (1) for lost 5 revenues. 6 ‘‘(3) DUPLICATIVE PAYMENTS PROHIBITED.— 7 In the case of a low power television station that has 8 been accorded primary status as a Class A television 9 licensee under section 73.6001(a) of title 47, Code 10 of Federal Regulations— 11 ‘‘(A) if the licensee of such station has re- 12 ceived reimbursement with respect to such sta- 13 tion under subsection (b)(4)(A)(i) (including 14 from amounts made available under subsection 15 (j)(2)(A)(i)), or from any other source, such 16 station may not receive reimbursement under 17 paragraph (1); and 18 ‘‘(B) if such station has received reim- 19 bursement under paragraph (1), the licensee of 20 such station may not receive reimbursement 21 with respect to such station under subsection 22 (b)(4)(A)(i). 23 ‘‘(4) ADDITIONAL LIMITATION.—The Commis- 24 sion may not make reimbursement under paragraph 25 (1) for costs incurred to resolve mutually exclusive March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 543 1 applications, including costs incurred in any auction 2 of available channels. 3 4 ‘‘(5) DEFINITIONS.—In this subsection: ‘‘(A) LOW POWER TELEVISION STATION.— 5 The term ‘low power television station’ means a 6 low power TV station (as defined in section 7 74.701 of title 47, Code of Federal Regula- 8 tions) that was licensed and transmitting for at 9 least 9 of the 12 months prior to April 13, 10 2017. For purposes of the preceding sentence, 11 the operation of analog and digital companion 12 facilities may be combined. 13 ‘‘(B) TELEVISION TRANSLATOR STA- 14 TION.—The 15 means a television broadcast translator station 16 (as defined in section 74.701 of title 47, Code 17 of Federal Regulations) that was licensed and 18 transmitting for at least 9 of the 12 months 19 prior to April 13, 2017. For purposes of the 20 preceding sentence, the operation of analog and 21 digital companion facilities may be combined. 22 ‘‘(l) PAYMENT term ‘television translator station’ RELOCATION COSTS OF 23 BROADCAST STATIONS.— 24 March 21, 2018 (6:08 p.m.) ‘‘(1) PAYMENT REQUIRED.— OF FM U:\2018REPT\OMNI\Final\RCP—FM.xml 544 1 ‘‘(A) IN GENERAL.—From amounts made 2 available under subsection (j)(2), the Commis- 3 sion shall reimburse costs reasonably incurred 4 by an FM broadcast station for facilities nec- 5 essary for such station to reasonably minimize 6 disruption of service as a result of the reorga- 7 nization of broadcast television spectrum under 8 subsection (b). 9 ‘‘(B) LIMITATION.—The Commission may 10 not make reimbursements under subparagraph 11 (A) for lost revenues. 12 ‘‘(C) DUPLICATIVE PAYMENTS PROHIB- 13 ITED.—If 14 a payment for interim facilities from the li- 15 censee of a television broadcast station that was 16 reimbursed for such payment under subsection 17 (b)(4)(A)(i) (including from amounts made 18 available under subsection (j)(2)(A)(i)), or from 19 any other source, such FM broadcast station 20 may not receive any reimbursements under sub- 21 paragraph (A). 22 ‘‘(2) FM an FM broadcast station has received BROADCAST STATION DEFINED.—In 23 this subsection, the term ‘FM broadcast station’ has 24 the meaning given such term in section 73.310 of 25 title 47, Code of Federal Regulations, and includes March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 545 1 an FM translator, which has the meaning given the 2 term ‘FM translator’ in section 74.1201 of such 3 title. 4 ‘‘(m) RULEMAKING.— 5 ‘‘(1) IN GENERAL.—Not later than 1 year after 6 the date of enactment of this subsection, the Com- 7 mission shall complete a rulemaking to implement 8 subsections (k) and (l). 9 ‘‘(2) MATTERS FOR INCLUSION.—The rule- 10 making completed under paragraph (1) shall include 11 the development of lists of reasonable eligible costs 12 to be reimbursed by the Commission pursuant to 13 subsections (k) and (l), and procedures for the sub- 14 mission and review of cost estimates and other mate- 15 rials related to those costs consistent with the regu- 16 lations developed by the Commission pursuant to 17 subsection (b)(4). 18 ‘‘(n) RULE OF CONSTRUCTION.— 19 ‘‘(1) Nothing in subsections (j) through (m) 20 shall alter the final transition phase completion date 21 established by the Commission for full power and 22 Class A television stations.’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 546 1 FEDERAL DEPOSIT INSURANCE CORPORATION 2 OFFICE OF THE INSPECTOR GENERAL 3 For necessary expenses of the Office of Inspector 4 General in carrying out the provisions of the Inspector 5 General Act of 1978, $39,136,000, to be derived from the 6 Deposit Insurance Fund or, only when appropriate, the 7 FSLIC Resolution Fund. 8 FEDERAL ELECTION COMMISSION 9 SALARIES AND EXPENSES 10 For necessary expenses to carry out the provisions 11 of the Federal Election Campaign Act of 1971, 12 $71,250,000, of which not to exceed $5,000 shall be avail13 able for reception and representation expenses. 14 FEDERAL LABOR RELATIONS AUTHORITY 15 SALARIES AND EXPENSES 16 For necessary expenses to carry out functions of the 17 Federal Labor Relations Authority, pursuant to Reorga18 nization Plan Numbered 2 of 1978, and the Civil Service 19 Reform Act of 1978, including services authorized by 5 20 U.S.C. 3109, and including hire of experts and consult21 ants, hire of passenger motor vehicles, and including offi22 cial reception and representation expenses (not to exceed 23 $1,500) and rental of conference rooms in the District of 24 Columbia and elsewhere, $26,200,000: Provided, That 25 public members of the Federal Service Impasses Panel March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 547 1 may be paid travel expenses and per diem in lieu of sub2 sistence as authorized by law (5 U.S.C. 5703) for persons 3 employed intermittently in the Government service, and 4 compensation as authorized by 5 U.S.C. 3109: Provided 5 further, That, notwithstanding 31 U.S.C. 3302, funds re6 ceived from fees charged to non-Federal participants at 7 labor-management relations conferences shall be credited 8 to and merged with this account, to be available without 9 further appropriation for the costs of carrying out these 10 conferences. 11 FEDERAL TRADE COMMISSION 12 SALARIES AND EXPENSES 13 For necessary expenses of the Federal Trade Com- 14 mission, including uniforms or allowances therefor, as au15 thorized by 5 U.S.C. 5901–5902; services as authorized 16 by 5 U.S.C. 3109; hire of passenger motor vehicles; and 17 not to exceed $2,000 for official reception and representa18 tion expenses, $306,317,000, to remain available until ex19 pended: Provided, That not to exceed $300,000 shall be 20 available for use to contract with a person or persons for 21 collection services in accordance with the terms of 31 22 U.S.C. 3718: Provided further, That, notwithstanding any 23 other provision of law, not to exceed $126,000,000 of off24 setting collections derived from fees collected for 25 premerger notification filings under the Hart-Scott-Ro- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 548 1 dino Antitrust Improvements Act of 1976 (15 U.S.C. 2 18a), regardless of the year of collection, shall be retained 3 and used for necessary expenses in this appropriation: 4 Provided further, That, notwithstanding any other provi5 sion of law, not to exceed $16,000,000 in offsetting collec6 tions derived from fees sufficient to implement and enforce 7 the Telemarketing Sales Rule, promulgated under the 8 Telemarketing and Consumer Fraud and Abuse Preven9 tion Act (15 U.S.C. 6101 et seq.), shall be credited to this 10 account, and be retained and used for necessary expenses 11 in this appropriation: Provided further, That the sum here12 in appropriated from the general fund shall be reduced 13 as such offsetting collections are received during fiscal 14 year 2018, so as to result in a final fiscal year 2018 appro15 priation from the general fund estimated at not more than 16 $164,317,000: Provided further, That none of the funds 17 made available to the Federal Trade Commission may be 18 used to implement subsection (e)(2)(B) of section 43 of 19 the Federal Deposit Insurance Act (12 U.S.C. 1831t). March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 549 1 GENERAL SERVICES ADMINISTRATION 2 REAL PROPERTY ACTIVITIES 3 FEDERAL BUILDINGS FUND 4 LIMITATIONS ON AVAILABILITY OF REVENUE 5 (INCLUDING TRANSFERS OF FUNDS) 6 Amounts in the Fund, including revenues and collec- 7 tions deposited into the Fund, shall be available for nec8 essary expenses of real property management and related 9 activities not otherwise provided for, including operation, 10 maintenance, and protection of federally owned and leased 11 buildings; rental of buildings in the District of Columbia; 12 restoration of leased premises; moving governmental agen13 cies (including space adjustments and telecommunications 14 relocation expenses) in connection with the assignment, al15 location, and transfer of space; contractual services inci16 dent to cleaning or servicing buildings, and moving; repair 17 and alteration of federally owned buildings, including 18 grounds, approaches, and appurtenances; care and safe19 guarding of sites; maintenance, preservation, demolition, 20 and equipment; acquisition of buildings and sites by pur21 chase, condemnation, or as otherwise authorized by law; 22 acquisition of options to purchase buildings and sites; con23 version and extension of federally owned buildings; pre24 liminary planning and design of projects by contract or 25 otherwise; construction of new buildings (including equip- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 550 1 ment for such buildings); and payment of principal, inter2 est, and any other obligations for public buildings acquired 3 by installment purchase and purchase contract; in the ag4 gregate amount of $9,073,938,000, of which— 5 (1) $692,069,000 shall remain available until 6 expended for construction and acquisition (including 7 funds for sites and expenses, and associated design 8 and construction services) as follows: 9 10 (A) $132,979,000 shall be for the Alexandria Bay, New York, Land Port of Entry; 11 (B) $121,848,000 shall be for the San 12 Diego, California, Otay Mesa Land Port of 13 Entry; 14 (C) $137,242,000 shall be for the Harris- 15 burg, Pennsylvania, United States Courthouse, 16 as requested by the Federal Judiciary; 17 (D) $110,000,000 shall be for the Hunts- 18 ville, Alabama, United States Courthouse, as 19 requested by the Federal Judiciary; 20 (E) $190,000,000 shall be for the Fort 21 Lauderdale, Florida, United States Courthouse, 22 as requested by the Federal Judiciary: 23 Provided, That each of the foregoing limits of costs 24 on new construction and acquisition projects may be 25 exceeded to the extent that savings are effected in March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 551 1 other such projects, but not to exceed 10 percent of 2 the amounts included in a transmitted prospectus, if 3 required, unless advance approval is obtained from 4 the Committees on Appropriations of a greater 5 amount; 6 (2) $666,335,000 shall remain available until 7 expended for repairs and alterations, including asso- 8 ciated design and construction services, of which— 9 (A) $289,245,000 is for Major Repairs and 10 11 12 13 14 15 16 17 18 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 19 (iii) $20,000,000 is for Consolidation 20 Activities: Provided, That consolidation 21 projects result in reduced annual rent paid 22 by the tenant agency: Provided further, 23 That 24 $10,000,000 in costs: Provided further, 25 That consolidation projects are approved March 21, 2018 (6:08 p.m.) no consolidation project exceed U:\2018REPT\OMNI\Final\RCP—FM.xml 552 1 by each of the committees specified in sec- 2 tion 3307(a) of title 40, United States 3 Code: Provided further, That preference is 4 given to consolidation projects that achieve 5 a utilization rate of 130 usable square feet 6 or less per person for office space: Pro- 7 vided further, That the obligation of funds 8 under this paragraph for consolidation ac- 9 tivities may not be made until 10 days 10 after a proposed spending plan and expla- 11 nation for each project to be undertaken, 12 including estimated savings, has been sub- 13 mitted to the Committees on Appropria- 14 tions of the House of Representatives and 15 the Senate: 16 Provided, That funds made available in this or any 17 previous Act in the Federal Buildings Fund for Re- 18 pairs and Alterations shall, for prospectus projects, 19 be limited to the amount identified for each project, 20 except each project in this or any previous Act may 21 be increased by an amount not to exceed 10 percent 22 unless advance approval is obtained from the Com- 23 mittees on Appropriations of a greater amount: Pro- 24 vided further, That additional projects for which 25 prospectuses have been fully approved may be fund- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 553 1 ed under this category only if advance approval is 2 obtained from the Committees on Appropriations: 3 Provided further, That the amounts provided in this 4 or any prior Act for ‘‘Repairs and Alterations’’ may 5 be used to fund costs associated with implementing 6 security improvements to buildings necessary to 7 meet the minimum standards for security in accord- 8 ance with current law and in compliance with the re- 9 programming guidelines of the appropriate Commit- 10 tees of the House and Senate: Provided further, That 11 the difference between the funds appropriated and 12 expended on any projects in this or any prior Act, 13 under the heading ‘‘Repairs and Alterations’’, may 14 be transferred to Basic Repairs and Alterations or 15 used to fund authorized increases in prospectus 16 projects: Provided further, That the amount provided 17 in this or any prior Act for Basic Repairs and Alter- 18 ations may be used to pay claims against the Gov- 19 ernment arising from any projects under the heading 20 ‘‘Repairs and Alterations’’ or used to fund author- 21 ized increases in prospectus projects; 22 23 24 25 March 21, 2018 (6:08 p.m.) (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 U:\2018REPT\OMNI\Final\RCP—FM.xml 554 1 $1,146,089,000 2 $1,075,677,000 is for salaries and expenses: Pro- 3 vided, That not to exceed 5 percent of any appro- 4 priation made available under this paragraph for 5 building operations may be transferred between and 6 merged with such appropriations upon notification 7 to the Committees on Appropriations of the House 8 of Representatives and the Senate, but no such ap- 9 propriation shall be increased by more than 5 per- 10 cent by any such transfers: Provided further, That 11 section 521 of this title shall not apply with respect 12 to funds made available under this heading for 13 building operations: Provided further, That the total 14 amount of funds made available from this Fund to 15 the General Services Administration shall not be 16 available for expenses of any construction, repair, al- 17 teration and acquisition project for which a pro- 18 spectus, if required by 40 U.S.C. 3307(a), has not 19 been approved, except that necessary funds may be 20 expended for each project for required expenses for 21 the development of a proposed prospectus: Provided 22 further, That funds available in the Federal Build- 23 ings Fund may be expended for emergency repairs 24 when advance approval is obtained from the Com- 25 mittees on Appropriations: Provided further, That March 21, 2018 (6:08 p.m.) is for building services, and U:\2018REPT\OMNI\Final\RCP—FM.xml 555 1 amounts necessary to provide reimbursable special 2 services to other agencies under 40 U.S.C. 592(b)(2) 3 and amounts to provide such reimbursable fencing, 4 lighting, guard booths, and other facilities on private 5 or other property not in Government ownership or 6 control as may be appropriate to enable the United 7 States Secret Service to perform its protective func- 8 tions pursuant to 18 U.S.C. 3056, shall be available 9 from such revenues and collections: Provided further, 10 That revenues and collections and any other sums 11 accruing to this Fund during fiscal year 2018, ex- 12 cluding reimbursements under 40 U.S.C. 592(b)(2), 13 in excess of the aggregate new obligational authority 14 authorized for Real Property Activities of the Fed- 15 eral Buildings Fund in this Act shall remain in the 16 Fund and shall not be available for expenditure ex- 17 cept as authorized in appropriations Acts. 18 GENERAL ACTIVITIES 19 GOVERNMENT-WIDE POLICY 20 For expenses authorized by law, not otherwise pro- 21 vided for, for Government-wide policy and evaluation ac22 tivities associated with the management of real and per23 sonal property assets and certain administrative services; 24 Government-wide policy support responsibilities relating to 25 acquisition, travel, motor vehicles, information technology March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 556 1 management, and related technology activities; and serv2 ices as authorized by 5 U.S.C. 3109; $53,499,000. 3 4 OPERATING EXPENSES For expenses authorized by law, not otherwise pro- 5 vided for, for Government-wide activities associated with 6 utilization and donation of surplus personal property; dis7 posal of real property; agency-wide policy direction, man8 agement, and communications; and services as authorized 9 by 5 U.S.C. 3109; $45,645,000, of which $24,357,000 is 10 for Real and Personal Property Management and Dis11 posal; $21,288,000 is for the Office of the Administrator, 12 of which not to exceed $7,500 is for official reception and 13 representation expenses. 14 15 CIVILIAN BOARD OF CONTRACT APPEALS For expenses authorized by law, not otherwise pro- 16 vided for, for the activities associated with the Civilian 17 Board of Contract Appeals, $8,795,000. 18 19 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 20 General and service authorized by 5 U.S.C. 3109, 21 $65,000,000: Provided, That not to exceed $50,000 shall 22 be available for payment for information and detection of 23 fraud against the Government, including payment for re24 covery of stolen Government property: Provided further, 25 That not to exceed $2,500 shall be available for awards March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 557 1 to employees of other Federal agencies and private citizens 2 in recognition of efforts and initiatives resulting in en3 hanced Office of Inspector General effectiveness. 4 ALLOWANCES AND OFFICE STAFF FOR FORMER 5 PRESIDENTS 6 For carrying out the provisions of the Act of August 7 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, 8 $4,754,000. 9 FEDERAL CITIZEN SERVICES FUND 10 (INCLUDING TRANSFERS OF FUNDS) 11 For necessary expenses of the Office of Products and 12 Programs, including services authorized by 40 U.S.C. 323 13 and 44 U.S.C. 3604; and for necessary expenses in sup14 port of interagency projects that enable the Federal Gov15 ernment to enhance its ability to conduct activities elec16 tronically, through the development and implementation of 17 innovative uses of information technology; $50,000,000, to 18 be deposited into the Federal Citizen Services Fund: Pro19 vided, That the previous amount may be transferred to 20 Federal agencies to carry out the purpose of the Federal 21 Citizen Services Fund: Provided further, That the appro22 priations, revenues, reimbursements, and collections de23 posited into the Fund shall be available until expended for 24 necessary expenses of Federal Citizen Services and other 25 activities that enable the Federal Government to enhance March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 558 1 its ability to conduct activities electronically in the aggre2 gate amount not to exceed $100,000,000: Provided fur3 ther, That appropriations, revenues, reimbursements, and 4 collections accruing to this Fund during fiscal year 2018 5 in excess of such amount shall remain in the Fund and 6 shall not be available for expenditure except as authorized 7 in appropriations Acts: Provided further, That any appro8 priations provided to the Electronic Government Fund 9 that remain unobligated may be transferred to the Federal 10 Citizen Services Fund: Provided further, That the transfer 11 authorities provided herein shall be in addition to any 12 other transfer authority provided in this Act. 13 14 TECHNOLOGY MODERNIZATION FUND For the Technology Modernization Fund, 15 $100,000,000, to remain available until expended, for 16 technology-related modernization activities. 17 18 ASSET PROCEEDS AND SPACE MANAGEMENT FUND For carrying out the purposes of the Federal Assets 19 Sale and Transfer Act of 2016 (Public Law 114–287), 20 $5,000,000, to be deposited into the Asset Proceeds and 21 Space Management Fund, to remain available until ex22 pended. 23 ENVIRONMENTAL REVIEW IMPROVEMENT FUND 24 For necessary expenses of the Environmental Review 25 Improvement Fund established pursuant to 42 U.S.C. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 559 1 4370m-8(d), $1,000,000, to remain available until ex2 pended. 3 ADMINISTRATIVE PROVISIONS—GENERAL SERVICES 4 ADMINISTRATION 5 (INCLUDING TRANSFER OF FUNDS) 6 SEC. 520. Funds available to the General Services 7 Administration shall be available for the hire of passenger 8 motor vehicles. 9 SEC. 521. Funds in the Federal Buildings Fund 10 made available for fiscal year 2018 for Federal Buildings 11 Fund activities may be transferred between such activities 12 only to the extent necessary to meet program require13 ments: Provided, That any proposed transfers shall be ap14 proved in advance by the Committees on Appropriations 15 of the House of Representatives and the Senate. 16 SEC. 522. Except as otherwise provided in this title, 17 funds made available by this Act shall be used to transmit 18 a fiscal year 2019 request for United States Courthouse 19 construction only if the request: (1) meets the design guide 20 standards for construction as established and approved by 21 the General Services Administration, the Judicial Con22 ference of the United States, and the Office of Manage23 ment and Budget; (2) reflects the priorities of the Judicial 24 Conference of the United States as set out in its approved 25 Courthouse Project Priorities plan; and (3) includes a March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 560 1 standardized courtroom utilization study of each facility 2 to be constructed, replaced, or expanded. 3 SEC. 523. None of the funds provided in this Act may 4 be used to increase the amount of occupiable square feet, 5 provide cleaning services, security enhancements, or any 6 other service usually provided through the Federal Build7 ings Fund, to any agency that does not pay the rate per 8 square foot assessment for space and services as deter9 mined by the General Services Administration in consider10 ation of the Public Buildings Amendments Act of 1972 11 (Public Law 92–313). 12 SEC. 524. From funds made available under the 13 heading Federal Buildings Fund, Limitations on Avail14 ability of Revenue, claims against the Government of less 15 than $250,000 arising from direct construction projects 16 and acquisition of buildings may be liquidated from sav17 ings effected in other construction projects with prior noti18 fication to the Committees on Appropriations of the House 19 of Representatives and the Senate. 20 SEC. 525. In any case in which the Committee on 21 Transportation and Infrastructure of the House of Rep22 resentatives and the Committee on Environment and Pub23 lic Works of the Senate adopt a resolution granting lease 24 authority pursuant to a prospectus transmitted to Con25 gress by the Administrator of the General Services Admin- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 561 1 istration under 40 U.S.C. 3307, the Administrator shall 2 ensure that the delineated area of procurement is identical 3 to the delineated area included in the prospectus for all 4 lease agreements, except that, if the Administrator deter5 mines that the delineated area of the procurement should 6 not be identical to the delineated area included in the pro7 spectus, the Administrator shall provide an explanatory 8 statement to each of such committees and the Committees 9 on Appropriations of the House of Representatives and the 10 Senate prior to exercising any lease authority provided in 11 the resolution. 12 SEC. 526. With respect to each project funded under 13 the heading ‘‘Major Repairs and Alterations’’ or ‘‘Judici14 ary Capital Security Program’’, and with respect to E15 Government projects funded under the heading ‘‘Federal 16 Citizen Services Fund’’, the Administrator of General 17 Services shall submit a spending plan and explanation for 18 each project to be undertaken to the Committees on Ap19 propriations of the House of Representatives and the Sen20 ate not later than 60 days after the date of enactment 21 of this Act. 22 SEC. 527. Section 16 of the Federal Assets Sale and 23 Transfer Act of 2016 (Public Law 114–287) is amend24 ed— March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 562 1 (1) by inserting the following at the end of sub- 2 paragraph (a)(1): ‘‘The Account shall be under the 3 custody and control of the Chairperson of the Board 4 and deposits in the Account shall remain available 5 until expended.’’; 6 7 (2) by striking subparagraph (b)(1) and inserting in lieu thereof the following: 8 ‘‘(1) ESTABLISHMENT.—There is established in 9 the Treasury of the United States an account to be 10 known as the ‘Public Buildings Reform Board— 11 Asset Proceeds and Space Management Fund’ (in 12 this subsection referred to as the ‘Fund’). The Fund 13 shall be under the custody and control of the Admin- 14 istrator of General Services and deposits in the 15 Fund shall remain available until expended.’’. 16 HARRY S TRUMAN SCHOLARSHIP FOUNDATION 17 SALARIES AND EXPENSES 18 For payment to the Harry S Truman Scholarship 19 Foundation Trust Fund, established by section 10 of Pub20 lic Law 93–642, $1,000,000, to remain available until ex21 pended. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 563 1 MERIT SYSTEMS PROTECTION BOARD 2 SALARIES AND EXPENSES 3 (INCLUDING TRANSFER OF FUNDS) 4 For necessary expenses to carry out functions of the 5 Merit Systems Protection Board pursuant to Reorganiza6 tion Plan Numbered 2 of 1978, the Civil Service Reform 7 Act of 1978, and the Whistleblower Protection Act of 8 1989 (5 U.S.C. 5509 note), including services as author9 ized by 5 U.S.C. 3109, rental of conference rooms in the 10 District of Columbia and elsewhere, hire of passenger 11 motor vehicles, direct procurement of survey printing, and 12 not to exceed $2,000 for official reception and representa13 tion expenses, $44,490,000, to remain available until Sep14 tember 30, 2019, and in addition not to exceed 15 $2,345,000, to remain available until September 30, 2019, 16 for administrative expenses to adjudicate retirement ap17 peals to be transferred from the Civil Service Retirement 18 and Disability Fund in amounts determined by the Merit 19 Systems Protection Board. 20 MORRIS K. UDALL AND STEWART L. UDALL 21 FOUNDATION 22 MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND 23 (INCLUDING TRANSFER OF FUNDS) 24 For payment to the Morris K. Udall and Stewart L. 25 Udall Trust Fund, pursuant to the Morris K. Udall and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 564 1 Stewart L. Udall Foundation Act (20 U.S.C. 5601 et 2 seq.), $1,975,000, to remain available until expended, of 3 which, notwithstanding sections 8 and 9 of such Act: (1) 4 up to $50,000 shall be used to conduct financial audits 5 pursuant to the Accountability of Tax Dollars Act of 2002 6 (Public Law 107–289); and (2) up to $1,000,000 shall 7 be available to carry out the activities authorized by sec8 tion 6(7) of Public Law 102–259 and section 817(a) of 9 Public Law 106–568 (20 U.S.C. 5604(7)): Provided, That 10 of the total amount made available under this heading 11 $200,000 shall be transferred to the Office of Inspector 12 General of the Department of the Interior, to remain 13 available until expended, for audits and investigations of 14 the Morris K. Udall and Stewart L. Udall Foundation, 15 consistent with the Inspector General Act of 1978 (5 16 U.S.C. App.). 17 ENVIRONMENTAL DISPUTE RESOLUTION FUND 18 For payment to the Environmental Dispute Resolu- 19 tion Fund to carry out activities authorized in the Envi20 ronmental Policy and Conflict Resolution Act of 1998, 21 $3,366,000, to remain available until expended. 22 NATIONAL ARCHIVES 23 24 AND RECORDS ADMINISTRATION OPERATING EXPENSES For necessary expenses in connection with the admin- 25 istration of the National Archives and Records Adminis- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 565 1 tration and archived Federal records and related activities, 2 as provided by law, and for expenses necessary for the re3 view and declassification of documents, the activities of 4 the Public Interest Declassification Board, the operations 5 and maintenance of the electronic records archives, the 6 hire of passenger motor vehicles, and for uniforms or al7 lowances therefor, as authorized by law (5 U.S.C. 5901), 8 including maintenance, repairs, and cleaning, 9 $384,911,000, of which $7,500,000 shall remain available 10 until expended for the repair, alteration, and improvement 11 of an additional leased facility to provide adequate storage 12 for holdings of the House of Representatives and the Sen13 ate. 14 15 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 16 General in carrying out the provisions of the Inspector 17 General Reform Act of 2008, Public Law 110–409, 122 18 Stat. 4302–16 (2008), and the Inspector General Act of 19 1978 (5 U.S.C. App.), and for the hire of passenger motor 20 vehicles, $4,801,000. 21 22 REPAIRS AND RESTORATION For the repair, alteration, and improvement of ar- 23 chives facilities, and to provide adequate storage for hold24 ings, $7,500,000, to remain available until expended. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 566 1 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS 2 COMMISSION 3 GRANTS PROGRAM 4 For necessary expenses for allocations and grants for 5 historical publications and records as authorized by 44 6 U.S.C. 2504, $6,000,000, to remain available until ex7 pended. 8 NATIONAL CREDIT UNION ADMINISTRATION 9 COMMUNITY DEVELOPMENT REVOLVING LOAN FUND 10 For the Community Development Revolving Loan 11 Fund program as authorized by 42 U.S.C. 9812, 9822 12 and 9910, $2,000,000 shall be available until September 13 30, 2019, for technical assistance to low-income des14 ignated credit unions. 15 16 17 OFFICE OF GOVERNMENT ETHICS SALARIES AND EXPENSES For necessary expenses to carry out functions of the 18 Office of Government Ethics pursuant to the Ethics in 19 Government Act of 1978, the Ethics Reform Act of 1989, 20 and the Stop Trading on Congressional Knowledge Act of 21 2012, including services as authorized by 5 U.S.C. 3109, 22 rental of conference rooms in the District of Columbia and 23 elsewhere, hire of passenger motor vehicles, and not to ex24 ceed $1,500 for official reception and representation ex25 penses, $16,439,000. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 567 1 OFFICE OF PERSONNEL MANAGEMENT 2 SALARIES AND EXPENSES 3 (INCLUDING TRANSFER OF TRUST FUNDS) 4 For necessary expenses to carry out functions of the 5 Office of Personnel Management (OPM) pursuant to Re6 organization Plan Numbered 2 of 1978 and the Civil Serv7 ice Reform Act of 1978, including services as authorized 8 by 5 U.S.C. 3109; medical examinations performed for 9 veterans by private physicians on a fee basis; rental of con10 ference rooms in the District of Columbia and elsewhere; 11 hire of passenger motor vehicles; not to exceed $2,500 for 12 official reception and representation expenses; advances 13 for reimbursements to applicable funds of OPM and the 14 Federal Bureau of Investigation for expenses incurred 15 under Executive Order No. 10422 of January 9, 1953, 16 as amended; and payment of per diem and/or subsistence 17 allowances to employees where Voting Rights Act activities 18 require an employee to remain overnight at his or her post 19 of duty, $129,341,000: Provided, That of the total amount 20 made available under this heading, not to exceed 21 $21,000,000 shall remain available until September 30, 22 2019, for information technology infrastructure mod23 ernization and Trust Fund Federal Financial System mi24 gration or modernization, and shall be in addition to funds 25 otherwise made available for such purposes upon submit- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 568 1 ting to the Committees on Appropriations of the Senate 2 and House of Representatives the plan of expenditure as 3 required by the ‘‘Consolidated Appropriations Act, 2017’’: 4 Provided further, That the amount made available by the 5 previous proviso may not be obligated until the Director 6 of the Office of Personnel Management submits to the 7 Committees on Appropriations of the Senate and the 8 House of Representatives within 90 days of enactment a 9 plan for expenditure of such amount, prepared in con10 sultation with the Director of the Office of Management 11 and Budget, the Administrator of the United States Dig12 ital Service, and the Secretary of Homeland Security, 13 that— 14 15 (1) identifies the full scope and cost of the IT systems remediation and stabilization project; 16 (2) meets the capital planning and investment 17 control review requirements established by the Office 18 of Management and Budget, including Circular A– 19 11, part 7; 20 (3) includes a Major IT Business Case under 21 the requirements established by the Office of Man- 22 agement and Budget Exhibit 300; 23 (4) complies with the acquisition rules, require- 24 ments, guidelines, and systems acquisition manage- 25 ment practices of the Government; March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 569 1 (5) complies with all Office of Management and 2 Budget, Department of Homeland Security and Na- 3 tional Institute of Standards and Technology re- 4 quirements related to securing the agency’s informa- 5 tion system as described in 44 U.S.C. 3554; and 6 (6) is reviewed and commented upon within 60 7 days of plan development by the Inspector General 8 of the Office of Personnel Management, and such 9 comments are submitted to the Director of the Of- 10 fice of Personnel Management before the date of 11 such submission: 12 Provided further, That of the total amount made available 13 under this heading, $584,000 may be made available for 14 strengthening the capacity and capabilities of the acquisi15 tion workforce (as defined by the Office of Federal Pro16 curement Policy Act, as amended (41 U.S.C. 4001 et 17 seq.)), including the recruitment, hiring, training, and re18 tention of such workforce and information technology in 19 support of acquisition workforce effectiveness or for man20 agement solutions to improve acquisition management; 21 and in addition $131,414,000 for administrative expenses, 22 to be transferred from the appropriate trust funds of OPM 23 without regard to other statutes, including direct procure24 ment of printed materials, for the retirement and insur25 ance programs: Provided further, That the provisions of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 570 1 this appropriation shall not affect the authority to use ap2 plicable trust funds as provided by sections 8348(a)(1)(B), 3 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 4 5, United States Code: Provided further, That no part of 5 this appropriation shall be available for salaries and ex6 penses of the Legal Examining Unit of OPM established 7 pursuant to Executive Order No. 9358 of July 1, 1943, 8 or any successor unit of like purpose: Provided further, 9 That the President’s Commission on White House Fel10 lows, established by Executive Order No. 11183 of Octo11 ber 3, 1964, may, during fiscal year 2018, accept dona12 tions of money, property, and personal services: Provided 13 further, That such donations, including those from prior 14 years, may be used for the development of publicity mate15 rials to provide information about the White House Fel16 lows, except that no such donations shall be accepted for 17 travel or reimbursement of travel expenses, or for the sala18 ries of employees of such Commission. 19 OFFICE OF INSPECTOR GENERAL 20 SALARIES AND EXPENSES 21 (INCLUDING TRANSFER OF TRUST FUNDS) 22 For necessary expenses of the Office of Inspector 23 General in carrying out the provisions of the Inspector 24 General Act of 1978, including services as authorized by 25 5 U.S.C. 3109, hire of passenger motor vehicles, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 571 1 $5,000,000, and in addition, not to exceed $25,000,000 2 for administrative expenses to audit, investigate, and pro3 vide other oversight of the Office of Personnel Manage4 ment’s retirement and insurance programs, to be trans5 ferred from the appropriate trust funds of the Office of 6 Personnel Management, as determined by the Inspector 7 General: Provided, That the Inspector General is author8 ized to rent conference rooms in the District of Columbia 9 and elsewhere. 10 11 12 OFFICE OF SPECIAL COUNSEL SALARIES AND EXPENSES For necessary expenses to carry out functions of the 13 Office of Special Counsel pursuant to Reorganization Plan 14 Numbered 2 of 1978, the Civil Service Reform Act of 15 1978 (Public Law 95–454), the Whistleblower Protection 16 Act of 1989 (Public Law 101–12) as amended by Public 17 Law 107–304, the Whistleblower Protection Enhancement 18 Act of 2012 (Public Law 112–199), and the Uniformed 19 Services Employment and Reemployment Rights Act of 20 1994 (Public Law 103–353), including services as author21 ized by 5 U.S.C. 3109, payment of fees and expenses for 22 witnesses, rental of conference rooms in the District of Co23 lumbia and elsewhere, and hire of passenger motor vehi24 cles; $26,535,000. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 572 1 POSTAL REGULATORY COMMISSION 2 SALARIES AND EXPENSES 3 (INCLUDING TRANSFER OF FUNDS) 4 For necessary expenses of the Postal Regulatory 5 Commission in carrying out the provisions of the Postal 6 Accountability and Enhancement Act (Public Law 109– 7 435), $15,200,000, to be derived by transfer from the 8 Postal Service Fund and expended as authorized by sec9 tion 603(a) of such Act. 10 11 12 PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SALARIES AND EXPENSES For necessary expenses of the Privacy and Civil Lib- 13 erties Oversight Board, as authorized by section 1061 of 14 the Intelligence Reform and Terrorism Prevention Act of 15 2004 (42 U.S.C. 2000ee), $8,000,000, to remain available 16 until September 30, 2019. 17 PUBLIC BUILDINGS REFORM BOARD 18 SALARIES AND EXPENSES 19 For salaries and expenses of the Public Buildings Re- 20 form Board in carrying out the Federal Assets Sale and 21 Transfer Act of 2016 (Public Law 114–287), $5,000,000, 22 to remain available until expended. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 573 1 2 3 SECURITIES AND EXCHANGE COMMISSION SALARIES AND EXPENSES For necessary expenses for the Securities and Ex- 4 change Commission, including services as authorized by 5 5 U.S.C. 3109, the rental of space (to include multiple 6 year leases) in the District of Columbia and elsewhere, and 7 not to exceed $3,500 for official reception and representa8 tion expenses, $1,652,000,000, to remain available until 9 expended; of which funding for information technology ini10 tiatives shall be increased over the fiscal year 2017 level 11 by not less than $45,000,000; of which not less than 12 $14,748,358 shall be for the Office of Inspector General; 13 of which not to exceed $75,000 shall be available for a 14 permanent secretariat for the International Organization 15 of Securities Commissions; and of which not to exceed 16 $100,000 shall be available for expenses for consultations 17 and meetings hosted by the Commission with foreign gov18 ernmental and other regulatory officials, members of their 19 delegations and staffs to exchange views concerning secu20 rities matters, such expenses to include necessary logistic 21 and administrative expenses and the expenses of Commis22 sion staff and foreign invitees in attendance including: (1) 23 incidental expenses such as meals; (2) travel and transpor24 tation; and (3) related lodging or subsistence; and of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 574 1 which not less than $68,950,000 shall be for the Division 2 of Economic and Risk Analysis. 3 In addition to the foregoing appropriation, for costs 4 associated with relocation under a replacement lease for 5 the Commission’s headquarters facilities, not to exceed 6 $244,507,052, to remain available until expended: Pro7 vided, That for purposes of calculating the fee rate under 8 section 31(j) of the Securities Exchange Act of 1934 (15 9 U.S.C. 78ee(j)) for fiscal year 2018, all amounts appro10 priated under this heading shall be deemed to be the reg11 ular appropriation to the Commission for fiscal year 2018: 12 Provided further, That fees and charges authorized by sec13 tion 31 of the Securities Exchange Act of 1934 (15 U.S.C. 14 78ee) shall be credited to this account as offsetting collec15 tions: Provided further, That not to exceed 16 $1,652,000,000 of such offsetting collections shall be 17 available until expended for necessary expenses of this ac18 count and not to exceed $244,507,052 of such offsetting 19 collections shall be available until expended for costs under 20 this heading associated with relocation under a replace21 ment lease for the Commission’s headquarters facilities: 22 Provided further, That the total amount appropriated 23 under this heading from the general fund for fiscal year 24 2018 shall be reduced as such offsetting fees are received 25 so as to result in a final total fiscal year 2018 appropria- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 575 1 tion from the general fund estimated at not more than 2 $0: Provided further, That if any amount of the appropria3 tion for costs associated with relocation under a replace4 ment lease for the Commission’s headquarters facilities is 5 subsequently de-obligated by the Commission, such 6 amount that was derived from the general fund shall be 7 returned to the general fund, and such amounts that were 8 derived from fees or assessments collected for such pur9 pose shall be paid to each national securities exchange and 10 national securities association, respectively, in proportion 11 to any fees or assessments paid by such national securities 12 exchange or national securities association under section 13 31 of the Securities Exchange Act of 1934 (15 U.S.C. 14 78ee) in fiscal year 2018. 15 SELECTIVE SERVICE SYSTEM 16 SALARIES AND EXPENSES 17 For necessary expenses of the Selective Service Sys- 18 tem, including expenses of attendance at meetings and of 19 training for uniformed personnel assigned to the Selective 20 Service System, as authorized by 5 U.S.C. 4101–4118 for 21 civilian employees; hire of passenger motor vehicles; serv22 ices as authorized by 5 U.S.C. 3109; and not to exceed 23 $750 for official reception and representation expenses; 24 $22,900,000: Provided, That during the current fiscal 25 year, the President may exempt this appropriation from March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 576 1 the provisions of 31 U.S.C. 1341, whenever the President 2 deems such action to be necessary in the interest of na3 tional defense: Provided further, That none of the funds 4 appropriated by this Act may be expended for or in con5 nection with the induction of any person into the Armed 6 Forces of the United States. 7 SMALL BUSINESS ADMINISTRATION 8 SALARIES AND EXPENSES 9 For necessary expenses, not otherwise provided for, 10 of the Small Business Administration, including hire of 11 passenger motor vehicles as authorized by sections 1343 12 and 1344 of title 31, United States Code, and not to ex13 ceed $3,500 for official reception and representation ex14 penses, $268,500,000, of which not less than $12,000,000 15 shall be available for examinations, reviews, and other 16 lender oversight activities: Provided, That the Adminis17 trator is authorized to charge fees to cover the cost of pub18 lications developed by the Small Business Administration, 19 and certain loan program activities, including fees author20 ized by section 5(b) of the Small Business Act: Provided 21 further, That, notwithstanding 31 U.S.C. 3302, revenues 22 received from all such activities shall be credited to this 23 account, to remain available until expended, for carrying 24 out these purposes without further appropriations: Pro25 vided further, That the Small Business Administration March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 577 1 may accept gifts in an amount not to exceed $4,000,000 2 and may co-sponsor activities, each in accordance with sec3 tion 132(a) of division K of Public Law 108–447, during 4 fiscal year 2018: Provided further, That $6,100,000 shall 5 be available for the Loan Modernization and Accounting 6 System, to be available until September 30, 2019: Pro7 vided further, That $3,000,000 shall be for the Federal 8 and State Technology Partnership Program under section 9 34 of the Small Business Act (15 U.S.C. 657d). 10 11 ENTREPRENEURIAL DEVELOPMENT PROGRAMS For necessary expenses of programs supporting en- 12 trepreneurial and small business development, 13 $247,100,000, to remain available until September 30, 14 2019: Provided, That $130,000,000 shall be available to 15 fund grants for performance in fiscal year 2018 or fiscal 16 year 2019 as authorized by section 21 of the Small Busi17 ness Act: Provided further, That $31,000,000 shall be for 18 marketing, management, and technical assistance under 19 section 7(m) of the Small Business Act (15 U.S.C. 20 636(m)(4)) by intermediaries that make microloans under 21 the microloan program: Provided further, That 22 $18,000,000 shall be available for grants to States to 23 carry out export programs that assist small business con24 cerns authorized under section 22(l) of the Small Business 25 Act (15 U.S.C. 649(l)). March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 578 1 2 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 3 General in carrying out the provisions of the Inspector 4 General Act of 1978, $19,900,000. 5 6 OFFICE OF ADVOCACY For necessary expenses of the Office of Advocacy in 7 carrying out the provisions of title II of Public Law 94– 8 305 (15 U.S.C. 634a et seq.) and the Regulatory Flexi9 bility Act of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to 10 remain available until expended. 11 BUSINESS LOANS PROGRAM ACCOUNT 12 (INCLUDING TRANSFER OF FUNDS) 13 For the cost of direct loans, $3,438,172, to remain 14 available until expended: Provided, That such costs, in15 cluding the cost of modifying such loans, shall be as de16 fined in section 502 of the Congressional Budget Act of 17 1974: Provided further, That subject to section 502 of the 18 Congressional Budget Act of 1974, during fiscal year 19 2018 commitments to guarantee loans under section 503 20 of the Small Business Investment Act of 1958 shall not 21 exceed $7,500,000,000: Provided further, That during fis22 cal year 2018 commitments for general business loans au23 thorized under section 7(a) of the Small Business Act 24 shall not exceed $29,000,000,000 for a combination of 25 amortizing term loans and the aggregated maximum line March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 579 1 of credit provided by revolving loans: Provided further, 2 That during fiscal year 2018 commitments for loans au3 thorized under subparagraph (C) of section 502(7) of The 4 Small Business Investment Act of 1958 (15 U.S.C. 5 696(7)) shall not exceed $7,500,000,000: Provided further, 6 That during fiscal year 2018 commitments to guarantee 7 loans for debentures under section 303(b) of the Small 8 Business Investment Act of 1958 shall not exceed 9 $4,000,000,000: Provided further, That during fiscal year 10 2018, guarantees of trust certificates authorized by sec11 tion 5(g) of the Small Business Act shall not exceed a 12 principal amount of $12,000,000,000. In addition, for ad13 ministrative expenses to carry out the direct and guaran14 teed loan programs, $152,782,000, which may be trans15 ferred to and merged with the appropriations for Salaries 16 and Expenses. 17 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS 18 ADMINISTRATION 19 (INCLUDING RESCISSION AND TRANSFER OF FUNDS) 20 SEC. 530. Not to exceed 5 percent of any appropria- 21 tion made available for the current fiscal year for the 22 Small Business Administration in this Act may be trans23 ferred between such appropriations, but no such appro24 priation shall be increased by more than 10 percent by 25 any such transfers: Provided, That any transfer pursuant March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 580 1 to this paragraph shall be treated as a reprogramming of 2 funds under section 608 of this Act and shall not be avail3 able for obligation or expenditure except in compliance 4 with the procedures set forth in that section. 5 SEC. 531. Of the unobligated balances available for 6 the Immediate Disaster Assistance Program authorized by 7 section 42 of the Small Business Act (15 U.S. C. 657n) 8 and the Expedited Disaster Assistance Loan Program au9 thorized by section 12085 of Public Law 110–246, 10 $2,600,000 are hereby permanently cancelled: Provided, 11 That no amounts may be cancelled from amounts that 12 were designated by the Congress as an emergency require13 ment pursuant to the Concurrent Resolution on the Budg14 et or the Balanced Budget and Emergency Deficit Control 15 Act of 1985. 16 SEC. 532. Section 7(m)(4)(E) of the Small Business 17 Act (15 U.S.C. 636(m)(4)(E)) is amended by striking ‘‘25 18 percent’’ each place such term appears and inserting ‘‘50 19 percent’’. 20 UNITED STATES POSTAL SERVICE 21 PAYMENT TO THE POSTAL SERVICE FUND 22 For payment to the Postal Service Fund for revenue 23 forgone on free and reduced rate mail, pursuant to sub24 sections (c) and (d) of section 2401 of title 39, United 25 States Code, $58,118,000: Provided, That mail for over- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 581 1 seas voting and mail for the blind shall continue to be free: 2 Provided further, That 6-day delivery and rural delivery 3 of mail shall continue at not less than the 1983 level: Pro4 vided further, That none of the funds made available to 5 the Postal Service by this Act shall be used to implement 6 any rule, regulation, or policy of charging any officer or 7 employee of any State or local child support enforcement 8 agency, or any individual participating in a State or local 9 program of child support enforcement, a fee for informa10 tion requested or provided concerning an address of a 11 postal customer: Provided further, That none of the funds 12 provided in this Act shall be used to consolidate or close 13 small rural and other small post offices. 14 OFFICE OF INSPECTOR GENERAL 15 SALARIES AND EXPENSES 16 (INCLUDING TRANSFER OF FUNDS) 17 For necessary expenses of the Office of Inspector 18 General in carrying out the provisions of the Inspector 19 General Act of 1978, $245,000,000, to be derived by 20 transfer from the Postal Service Fund and expended as 21 authorized by section 603(b)(3) of the Postal Account22 ability and Enhancement Act (Public Law 109–435). March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 582 1 UNITED STATES TAX COURT 2 SALARIES AND EXPENSES 3 For necessary expenses, including contract reporting 4 and other services as authorized by 5 U.S.C. 3109, 5 $50,739,887, of which $500,000 shall remain available 6 until expended: Provided, That travel expenses of the 7 judges shall be paid upon the written certificate of the 8 judge. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 583 1 TITLE VI 2 GENERAL PROVISIONS—THIS ACT 3 SEC. 601. None of the funds in this Act shall be used 4 for the planning or execution of any program to pay the 5 expenses of, or otherwise compensate, non-Federal parties 6 intervening in regulatory or adjudicatory proceedings 7 funded in this Act. 8 SEC. 602. None of the funds appropriated in this Act 9 shall remain available for obligation beyond the current 10 fiscal year, nor may any be transferred to other appropria11 tions, unless expressly so provided herein. 12 SEC. 603. The expenditure of any appropriation 13 under this Act for any consulting service through procure14 ment contract pursuant to 5 U.S.C. 3109, shall be limited 15 to those contracts where such expenditures are a matter 16 of public record and available for public inspection, except 17 where otherwise provided under existing law, or under ex18 isting Executive order issued pursuant to existing law. 19 SEC. 604. None of the funds made available in this 20 Act may be transferred to any department, agency, or in21 strumentality of the United States Government, except 22 pursuant to a transfer made by, or transfer authority pro23 vided in, this Act or any other appropriations Act. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 584 1 SEC. 605. None of the funds made available by this 2 Act shall be available for any activity or for paying the 3 salary of any Government employee where funding an ac4 tivity or paying a salary to a Government employee would 5 result in a decision, determination, rule, regulation, or pol6 icy that would prohibit the enforcement of section 307 of 7 the Tariff Act of 1930 (19 U.S.C. 1307). 8 SEC. 606. No funds appropriated pursuant to this 9 Act may be expended by an entity unless the entity agrees 10 that in expending the assistance the entity will comply 11 with chapter 83 of title 41, United States Code. 12 SEC. 607. No funds appropriated or otherwise made 13 available under this Act shall be made available to any 14 person or entity that has been convicted of violating chap15 ter 83 of title 41, United States Code. 16 SEC. 608. Except as otherwise provided in this Act, 17 none of the funds provided in this Act, provided by pre18 vious appropriations Acts to the agencies or entities fund19 ed in this Act that remain available for obligation or ex20 penditure in fiscal year 2018, or provided from any ac21 counts in the Treasury derived by the collection of fees 22 and available to the agencies funded by this Act, shall be 23 available for obligation or expenditure through a re24 programming of funds that: (1) creates a new program; 25 (2) eliminates a program, project, or activity; (3) increases March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 585 1 funds or personnel for any program, project, or activity 2 for which funds have been denied or restricted by the Con3 gress; (4) proposes to use funds directed for a specific ac4 tivity by the Committee on Appropriations of either the 5 House of Representatives or the Senate for a different 6 purpose; (5) augments existing programs, projects, or ac7 tivities in excess of $5,000,000 or 10 percent, whichever 8 is less; (6) reduces existing programs, projects, or activi9 ties by $5,000,000 or 10 percent, whichever is less; or (7) 10 creates or reorganizes offices, programs, or activities un11 less prior approval is received from the Committees on Ap12 propriations of the House of Representatives and the Sen13 ate: Provided, That prior to any significant reorganization 14 or restructuring of offices, programs, or activities, each 15 agency or entity funded in this Act shall consult with the 16 Committees on Appropriations of the House of Represent17 atives and the Senate: Provided further, That not later 18 than 60 days after the date of enactment of this Act, each 19 agency funded by this Act shall submit a report to the 20 Committees on Appropriations of the House of Represent21 atives and the Senate to establish the baseline for applica22 tion of reprogramming and transfer authorities for the 23 current fiscal year: Provided further, That at a minimum 24 the report shall include: (1) a table for each appropriation 25 with a separate column to display the President’s budget March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 586 1 request, adjustments made by Congress, adjustments due 2 to enacted rescissions, if appropriate, and the fiscal year 3 enacted level; (2) a delineation in the table for each appro4 priation both by object class and program, project, and 5 activity as detailed in the budget appendix for the respec6 tive appropriation; and (3) an identification of items of 7 special congressional interest: Provided further, That the 8 amount appropriated or limited for salaries and expenses 9 for an agency shall be reduced by $100,000 per day for 10 each day after the required date that the report has not 11 been submitted to the Congress. 12 SEC. 609. Except as otherwise specifically provided 13 by law, not to exceed 50 percent of unobligated balances 14 remaining available at the end of fiscal year 2018 from 15 appropriations made available for salaries and expenses 16 for fiscal year 2018 in this Act, shall remain available 17 through September 30, 2019, for each such account for 18 the purposes authorized: Provided, That a request shall 19 be submitted to the Committees on Appropriations of the 20 House of Representatives and the Senate for approval 21 prior to the expenditure of such funds: Provided further, 22 That these requests shall be made in compliance with re23 programming guidelines. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 587 1 SEC. 610. (a) None of the funds made available in 2 this Act may be used by the Executive Office of the Presi3 dent to request— 4 (1) any official background investigation report 5 on any individual from the Federal Bureau of Inves- 6 tigation; or 7 (2) a determination with respect to the treat- 8 ment of an organization as described in section 9 501(c) of the Internal Revenue Code of 1986 and 10 exempt from taxation under section 501(a) of such 11 Code from the Department of the Treasury or the 12 Internal Revenue Service. 13 (b) Subsection (a) shall not apply— 14 (1) in the case of an official background inves- 15 tigation report, if such individual has given express 16 written consent for such request not more than 6 17 months prior to the date of such request and during 18 the same presidential administration; or 19 (2) if such request is required due to extraor- 20 dinary circumstances involving national security. 21 SEC. 611. The cost accounting standards promul- 22 gated under chapter 15 of title 41, United States Code 23 shall not apply with respect to a contract under the Fed24 eral Employees Health Benefits Program established 25 under chapter 89 of title 5, United States Code. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 588 1 SEC. 612. For the purpose of resolving litigation and 2 implementing any settlement agreements regarding the 3 nonforeign area cost-of-living allowance program, the Of4 fice of Personnel Management may accept and utilize 5 (without regard to any restriction on unanticipated travel 6 expenses imposed in an Appropriations Act) funds made 7 available to the Office of Personnel Management pursuant 8 to court approval. 9 SEC. 613. No funds appropriated by this Act shall 10 be available to pay for an abortion, or the administrative 11 expenses in connection with any health plan under the 12 Federal employees health benefits program which provides 13 any benefits or coverage for abortions. 14 SEC. 614. The provision of section 613 shall not 15 apply where the life of the mother would be endangered 16 if the fetus were carried to term, or the pregnancy is the 17 result of an act of rape or incest. 18 SEC. 615. In order to promote Government access to 19 commercial information technology, the restriction on pur20 chasing nondomestic articles, materials, and supplies set 21 forth in chapter 83 of title 41, United States Code (popu22 larly known as the Buy American Act), shall not apply 23 to the acquisition by the Federal Government of informa24 tion technology (as defined in section 11101 of title 40, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 589 1 United States Code), that is a commercial item (as defined 2 in section 103 of title 41, United States Code). 3 SEC. 616. Notwithstanding section 1353 of title 31, 4 United States Code, no officer or employee of any regu5 latory agency or commission funded by this Act may ac6 cept on behalf of that agency, nor may such agency or 7 commission accept, payment or reimbursement from a 8 non-Federal entity for travel, subsistence, or related ex9 penses for the purpose of enabling an officer or employee 10 to attend and participate in any meeting or similar func11 tion relating to the official duties of the officer or em12 ployee when the entity offering payment or reimbursement 13 is a person or entity subject to regulation by such agency 14 or commission, or represents a person or entity subject 15 to regulation by such agency or commission, unless the 16 person or entity is an organization described in section 17 501(c)(3) of the Internal Revenue Code of 1986 and ex18 empt from tax under section 501(a) of such Code. 19 SEC. 617. Notwithstanding section 708 of this Act, 20 funds made available to the Commodity Futures Trading 21 Commission and the Securities and Exchange Commission 22 by this or any other Act may be used for the interagency 23 funding and sponsorship of a joint advisory committee to 24 advise on emerging regulatory issues. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 590 1 SEC. 618. (a)(1) Notwithstanding any other provision 2 of law, an Executive agency covered by this Act otherwise 3 authorized to enter into contracts for either leases or the 4 construction or alteration of real property for office, meet5 ing, storage, or other space must consult with the General 6 Services Administration before issuing a solicitation for of7 fers of new leases or construction contracts, and in the 8 case of succeeding leases, before entering into negotiations 9 with the current lessor. 10 (2) Any such agency with authority to enter into an 11 emergency lease may do so during any period declared by 12 the President to require emergency leasing authority with 13 respect to such agency. 14 (b) For purposes of this section, the term ‘‘Executive 15 agency covered by this Act’’ means any Executive agency 16 provided funds by this Act, but does not include the Gen17 eral Services Administration or the United States Postal 18 Service. 19 SEC. 619. (a) There are appropriated for the fol- 20 lowing activities the amounts required under current law: 21 22 23 24 25 March 21, 2018 (6:08 p.m.) (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)); U:\2018REPT\OMNI\Final\RCP—FM.xml 591 1 2 (B) the Judicial Survivors’ Annuities Fund (28 U.S.C. 376(c)); and 3 (C) the United States Court of Federal 4 Claims Judges’ Retirement Fund (28 U.S.C. 5 178(l)). 6 (3) Payment of Government contributions— 7 (A) with respect to the health benefits of 8 retired employees, as authorized by chapter 89 9 of title 5, United States Code, and the Retired 10 Federal Employees Health Benefits Act (74 11 Stat. 849); and 12 (B) with respect to the life insurance bene- 13 fits for employees retiring after December 31, 14 1989 (5 U.S.C. ch. 87). 15 (4) Payment to finance the unfunded liability of 16 new and increased annuity benefits under the Civil 17 Service Retirement and Disability Fund (5 U.S.C. 18 8348). 19 (5) Payment of annuities authorized to be paid 20 from the Civil Service Retirement and Disability 21 Fund by statutory provisions other than subchapter 22 III of chapter 83 or chapter 84 of title 5, United 23 States Code. 24 (b) Nothing in this section may be construed to ex- 25 empt any amount appropriated by this section from any March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 592 1 otherwise applicable limitation on the use of funds con2 tained in this Act. 3 SEC. 620. In addition to amounts made available in 4 prior fiscal years, the Public Company Accounting Over5 sight Board (Board) shall have authority to obligate funds 6 for the scholarship program established by section 7 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 8 107–204) in an amount not to exceed $1,000,000 of funds 9 collected by the Board between January 1, 2017 and De10 cember 31, 2017, including accrued interest, as a result 11 of the assessment of monetary penalties. Funds available 12 for obligation in fiscal year 2018 shall remain available 13 until expended. 14 SEC. 621. None of the funds made available in this 15 Act may be used by the Federal Trade Commission to 16 complete the draft report entitled ‘‘Interagency Working 17 Group on Food Marketed to Children: Preliminary Pro18 posed Nutrition Principles to Guide Industry Self-Regu19 latory Efforts’’ unless the Interagency Working Group on 20 Food Marketed to Children complies with Executive Order 21 No. 13563. 22 SEC. 622. None of the funds made available by this 23 Act may be used to pay the salaries and expenses for the 24 following positions: March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 593 1 2 3 4 (1) Director, White House Office of Health Reform. (2) Assistant to the President for Energy and Climate Change. 5 (3) Senior Advisor to the Secretary of the 6 Treasury assigned to the Presidential Task Force on 7 the Auto Industry and Senior Counselor for Manu- 8 facturing Policy. 9 (4) White House Director of Urban Affairs. 10 SEC. 623. None of the funds in this Act may be used 11 for the Director of the Office of Personnel Management 12 to award a contract, enter an extension of, or exercise an 13 option on a contract to a contractor conducting the final 14 quality review processes for background investigation 15 fieldwork services or background investigation support 16 services that, as of the date of the award of the contract, 17 are being conducted by that contractor. 18 SEC. 624. (a) The head of each executive branch 19 agency funded by this Act shall ensure that the Chief In20 formation Officer of the agency has the authority to par21 ticipate in decisions regarding the budget planning process 22 related to information technology. 23 (b) Amounts appropriated for any executive branch 24 agency funded by this Act that are available for informa25 tion technology shall be allocated within the agency, con- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 594 1 sistent with the provisions of appropriations Acts and 2 budget guidelines and recommendations from the Director 3 of the Office of Management and Budget, in such manner 4 as specified by, or approved by, the Chief Information Of5 ficer of the agency in consultation with the Chief Financial 6 Officer of the agency and budget officials. 7 SEC. 625. None of the funds made available in this 8 Act may be used in contravention of chapter 29, 31, or 9 33 of title 44, United States Code. 10 SEC. 626. None of the funds made available in this 11 Act may be used by a governmental entity to require the 12 disclosure by a provider of electronic communication serv13 ice to the public or remote computing service of the con14 tents of a wire or electronic communication that is in elec15 tronic storage with the provider (as such terms are defined 16 in sections 2510 and 2711 of title 18, United States Code) 17 in a manner that violates the Fourth Amendment to the 18 Constitution of the United States. 19 SEC. 627. None of the funds appropriated by this Act 20 may be used by the Federal Communications Commission 21 to modify, amend, or change the rules or regulations of 22 the Commission for universal service high-cost support for 23 competitive eligible telecommunications carriers in a way 24 that is inconsistent with paragraph (e)(5) or (e)(6) of sec25 tion 54.307 of title 47, Code of Federal Regulations, as March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 595 1 in effect on July 15, 2015: Provided, That this section 2 shall not prohibit the Commission from considering, devel3 oping, or adopting other support mechanisms as an alter4 native to Mobility Fund Phase II. 5 SEC. 628. No funds provided in this Act shall be used 6 to deny an Inspector General funded under this Act timely 7 access to any records, documents, or other materials avail8 able to the department or agency over which that Inspec9 tor General has responsibilities under the Inspector Gen10 eral Act of 1978, or to prevent or impede that Inspector 11 General’s access to such records, documents, or other ma12 terials, under any provision of law, except a provision of 13 law that expressly refers to the Inspector General and ex14 pressly limits the Inspector General’s right of access. A 15 department or agency covered by this section shall provide 16 its Inspector General with access to all such records, docu17 ments, and other materials in a timely manner. Each In18 spector General shall ensure compliance with statutory 19 limitations on disclosure relevant to the information pro20 vided by the establishment over which that Inspector Gen21 eral has responsibilities under the Inspector General Act 22 of 1978. Each Inspector General covered by this section 23 shall report to the Committees on Appropriations of the 24 House of Representatives and the Senate within 5 cal25 endar days any failures to comply with this requirement. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 596 1 SEC. 629. (a) None of the funds made available in 2 this Act may be used to maintain or establish a computer 3 network unless such network blocks the viewing, 4 downloading, and exchanging of pornography. 5 (b) Nothing in subsection (a) shall limit the use of 6 funds necessary for any Federal, State, tribal, or local law 7 enforcement agency or any other entity carrying out crimi8 nal investigations, prosecution, adjudication activities, or 9 other law enforcement- or victim assistance-related activ10 ity. 11 SEC. 630. Section 633(a) of title VI of division E of 12 the Consolidated Appropriations Act, 2017 (Public Law 13 115–31) is amended— 14 15 (1) by inserting ‘‘and’’ at the end of paragraph (1); 16 (2) by striking paragraph (2); and 17 (3) by redesignating paragraph (3) as para- 18 graph (2). 19 SEC. 631. None of the funds made available by this 20 Act shall be used by the Securities and Exchange Commis21 sion to finalize, issue, or implement any rule, regulation, 22 or order regarding the disclosure of political contributions, 23 contributions to tax exempt organizations, or dues paid 24 to trade associations. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 597 1 SEC. 632. (a) The United States courthouse located 2 at 501 East Court Street in Jackson, Mississippi, shall 3 be known and designated as the ‘‘Thad Cochran United 4 States Courthouse’’. 5 (b) Any reference in a law, map, regulation, docu- 6 ment, paper, or other record of the United States to the 7 United States courthouse referred to in subsection (a) 8 shall be deemed to be a reference to the ‘‘Thad Cochran 9 United States Courthouse’’. 10 TITLE VII 11 GENERAL PROVISIONS—GOVERNMENT-WIDE 12 13 14 DEPARTMENTS, AGENCIES, AND CORPORATIONS (INCLUDING TRANSFER OF FUNDS) SEC. 701. No department, agency, or instrumentality 15 of the United States receiving appropriated funds under 16 this or any other Act for fiscal year 2018 shall obligate 17 or expend any such funds, unless such department, agen18 cy, or instrumentality has in place, and will continue to 19 administer in good faith, a written policy designed to en20 sure that all of its workplaces are free from the illegal 21 use, possession, or distribution of controlled substances 22 (as defined in the Controlled Substances Act (21 U.S.C. 23 802)) by the officers and employees of such department, 24 agency, or instrumentality. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 598 1 SEC. 702. Unless otherwise specifically provided, the 2 maximum amount allowable during the current fiscal year 3 in accordance with subsection 1343(c) of title 31, United 4 States Code, for the purchase of any passenger motor ve5 hicle (exclusive of buses, ambulances, law enforcement ve6 hicles, protective vehicles, and undercover surveillance ve7 hicles), is hereby fixed at $19,947 except station wagons 8 for which the maximum shall be $19,997: Provided, That 9 these limits may be exceeded by not to exceed $7,250 for 10 police-type vehicles: Provided further, That the limits set 11 forth in this section may not be exceeded by more than 12 5 percent for electric or hybrid vehicles purchased for 13 demonstration under the provisions of the Electric and 14 Hybrid Vehicle Research, Development, and Demonstra15 tion Act of 1976: Provided further, That the limits set 16 forth in this section may be exceeded by the incremental 17 cost of clean alternative fuels vehicles acquired pursuant 18 to Public Law 101–549 over the cost of comparable con19 ventionally fueled vehicles: Provided further, That the lim20 its set forth in this section shall not apply to any vehicle 21 that is a commercial item and which operates on alter22 native fuel, including but not limited to electric, plug-in 23 hybrid electric, and hydrogen fuel cell vehicles. 24 SEC. 703. Appropriations of the executive depart- 25 ments and independent establishments for the current fis- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 599 1 cal year available for expenses of travel, or for the ex2 penses of the activity concerned, are hereby made available 3 for quarters allowances and cost-of-living allowances, in 4 accordance with 5 U.S.C. 5922–5924. 5 SEC. 704. Unless otherwise specified in law during 6 the current fiscal year, no part of any appropriation con7 tained in this or any other Act shall be used to pay the 8 compensation of any officer or employee of the Govern9 ment of the United States (including any agency the ma10 jority of the stock of which is owned by the Government 11 of the United States) whose post of duty is in the conti12 nental United States unless such person: (1) is a citizen 13 of the United States; (2) is a person who is lawfully admit14 ted for permanent residence and is seeking citizenship as 15 outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who 16 is admitted as a refugee under 8 U.S.C. 1157 or is grant17 ed asylum under 8 U.S.C. 1158 and has filed a declaration 18 of intention to become a lawful permanent resident and 19 then a citizen when eligible; or (4) is a person who owes 20 allegiance to the United States: Provided, That for pur21 poses of this section, affidavits signed by any such person 22 shall be considered prima facie evidence that the require23 ments of this section with respect to his or her status are 24 being complied with: Provided further, That for purposes 25 of subsections (2) and (3) such affidavits shall be sub- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 600 1 mitted prior to employment and updated thereafter as nec2 essary: Provided further, That any person making a false 3 affidavit shall be guilty of a felony, and upon conviction, 4 shall be fined no more than $4,000 or imprisoned for not 5 more than 1 year, or both: Provided further, That the 6 above penal clause shall be in addition to, and not in sub7 stitution for, any other provisions of existing law: Provided 8 further, That any payment made to any officer or em9 ployee contrary to the provisions of this section shall be 10 recoverable in action by the Federal Government: Provided 11 further, That this section shall not apply to any person 12 who is an officer or employee of the Government of the 13 United States on the date of enactment of this Act, or 14 to international broadcasters employed by the Broad15 casting Board of Governors, or to temporary employment 16 of translators, or to temporary employment in the field 17 service (not to exceed 60 days) as a result of emergencies: 18 Provided further, That this section does not apply to the 19 employment as Wildland firefighters for not more than 20 120 days of nonresident aliens employed by the Depart21 ment of the Interior or the USDA Forest Service pursuant 22 to an agreement with another country. 23 SEC. 705. Appropriations available to any depart- 24 ment or agency during the current fiscal year for nec25 essary expenses, including maintenance or operating ex- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 601 1 penses, shall also be available for payment to the General 2 Services Administration for charges for space and services 3 and those expenses of renovation and alteration of build4 ings and facilities which constitute public improvements 5 performed in accordance with the Public Buildings Act of 6 1959 (73 Stat. 479), the Public Buildings Amendments 7 of 1972 (86 Stat. 216), or other applicable law. 8 SEC. 706. In addition to funds provided in this or 9 any other Act, all Federal agencies are authorized to re10 ceive and use funds resulting from the sale of materials, 11 including Federal records disposed of pursuant to a 12 records schedule recovered through recycling or waste pre13 vention programs. Such funds shall be available until ex14 pended for the following purposes: 15 (1) Acquisition, waste reduction and prevention, 16 and recycling programs as described in Executive 17 Order No. 13693 (March 19, 2015), including any 18 such programs adopted prior to the effective date of 19 the Executive order. 20 (2) Other Federal agency environmental man- 21 agement programs, including, but not limited to, the 22 development and implementation of hazardous waste 23 management and pollution prevention programs. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 602 1 (3) Other employee programs as authorized by 2 law or as deemed appropriate by the head of the 3 Federal agency. 4 SEC. 707. Funds made available by this or any other 5 Act for administrative expenses in the current fiscal year 6 of the corporations and agencies subject to chapter 91 of 7 title 31, United States Code, shall be available, in addition 8 to objects for which such funds are otherwise available, 9 for rent in the District of Columbia; services in accordance 10 with 5 U.S.C. 3109; and the objects specified under this 11 head, all the provisions of which shall be applicable to the 12 expenditure of such funds unless otherwise specified in the 13 Act by which they are made available: Provided, That in 14 the event any functions budgeted as administrative ex15 penses are subsequently transferred to or paid from other 16 funds, the limitations on administrative expenses shall be 17 correspondingly reduced. 18 SEC. 708. No part of any appropriation contained in 19 this or any other Act shall be available for interagency 20 financing of boards (except Federal Executive Boards), 21 commissions, councils, committees, or similar groups 22 (whether or not they are interagency entities) which do 23 not have a prior and specific statutory approval to receive 24 financial support from more than one agency or instru25 mentality. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 603 1 SEC. 709. None of the funds made available pursuant 2 to the provisions of this or any other Act shall be used 3 to implement, administer, or enforce any regulation which 4 has been disapproved pursuant to a joint resolution duly 5 adopted in accordance with the applicable law of the 6 United States. 7 SEC. 710. During the period in which the head of 8 any department or agency, or any other officer or civilian 9 employee of the Federal Government appointed by the 10 President of the United States, holds office, no funds may 11 be obligated or expended in excess of $5,000 to furnish 12 or redecorate the office of such department head, agency 13 head, officer, or employee, or to purchase furniture or 14 make improvements for any such office, unless advance 15 notice of such furnishing or redecoration is transmitted 16 to the Committees on Appropriations of the House of Rep17 resentatives and the Senate. For the purposes of this sec18 tion, the term ‘‘office’’ shall include the entire suite of of19 fices assigned to the individual, as well as any other space 20 used primarily by the individual or the use of which is 21 directly controlled by the individual. 22 SEC. 711. Notwithstanding 31 U.S.C. 1346, or sec- 23 tion 708 of this Act, funds made available for the current 24 fiscal year by this or any other Act shall be available for 25 the interagency funding of national security and emer- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 604 1 gency preparedness telecommunications initiatives which 2 benefit multiple Federal departments, agencies, or enti3 ties, as provided by Executive Order No. 13618 (July 6, 4 2012). 5 SEC. 712. (a) None of the funds made available by 6 this or any other Act may be obligated or expended by 7 any department, agency, or other instrumentality of the 8 Federal Government to pay the salaries or expenses of any 9 individual appointed to a position of a confidential or pol10 icy-determining character that is excepted from the com11 petitive service under section 3302 of title 5, United 12 States Code, (pursuant to schedule C of subpart C of part 13 213 of title 5 of the Code of Federal Regulations) unless 14 the head of the applicable department, agency, or other 15 instrumentality employing such schedule C individual cer16 tifies to the Director of the Office of Personnel Manage17 ment that the schedule C position occupied by the indi18 vidual was not created solely or primarily in order to detail 19 the individual to the White House. 20 (b) The provisions of this section shall not apply to 21 Federal employees or members of the armed forces de22 tailed to or from an element of the intelligence community 23 (as that term is defined under section 3(4) of the National 24 Security Act of 1947 (50 U.S.C. 3003(4))). March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 605 1 SEC. 713. No part of any appropriation contained in 2 this or any other Act shall be available for the payment 3 of the salary of any officer or employee of the Federal 4 Government, who— 5 (1) prohibits or prevents, or attempts or threat- 6 ens to prohibit or prevent, any other officer or em- 7 ployee of the Federal Government from having any 8 direct oral or written communication or contact with 9 any Member, committee, or subcommittee of the 10 Congress in connection with any matter pertaining 11 to the employment of such other officer or employee 12 or pertaining to the department or agency of such 13 other officer or employee in any way, irrespective of 14 whether such communication or contact is at the ini- 15 tiative of such other officer or employee or in re- 16 sponse to the request or inquiry of such Member, 17 committee, or subcommittee; or 18 (2) removes, suspends from duty without pay, 19 demotes, reduces in rank, seniority, status, pay, or 20 performance or efficiency rating, denies promotion 21 to, relocates, reassigns, transfers, disciplines, or dis- 22 criminates in regard to any employment right, enti- 23 tlement, or benefit, or any term or condition of em- 24 ployment of, any other officer or employee of the 25 Federal Government, or attempts or threatens to March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 606 1 commit any of the foregoing actions with respect to 2 such other officer or employee, by reason of any 3 communication or contact of such other officer or 4 employee with any Member, committee, or sub- 5 committee of the Congress as described in paragraph 6 (1). 7 SEC. 714. (a) None of the funds made available in 8 this or any other Act may be obligated or expended for 9 any employee training that— 10 (1) does not meet identified needs for knowl- 11 edge, skills, and abilities bearing directly upon the 12 performance of official duties; 13 (2) contains elements likely to induce high lev- 14 els of emotional response or psychological stress in 15 some participants; 16 (3) does not require prior employee notification 17 of the content and methods to be used in the train- 18 ing and written end of course evaluation; 19 (4) contains any methods or content associated 20 with religious or quasi-religious belief systems or 21 ‘‘new age’’ belief systems as defined in Equal Em- 22 ployment 23 915.022, dated September 2, 1988; or March 21, 2018 (6:08 p.m.) Opportunity Commission Notice N– U:\2018REPT\OMNI\Final\RCP—FM.xml 607 1 (5) is offensive to, or designed to change, par- 2 ticipants’ personal values or lifestyle outside the 3 workplace. 4 (b) Nothing in this section shall prohibit, restrict, or 5 otherwise preclude an agency from conducting training 6 bearing directly upon the performance of official duties. 7 SEC. 715. No part of any funds appropriated in this 8 or any other Act shall be used by an agency of the execu9 tive branch, other than for normal and recognized execu10 tive-legislative relationships, for publicity or propaganda 11 purposes, and for the preparation, distribution or use of 12 any kit, pamphlet, booklet, publication, radio, television, 13 or film presentation designed to support or defeat legisla14 tion pending before the Congress, except in presentation 15 to the Congress itself. 16 SEC. 716. None of the funds appropriated by this or 17 any other Act may be used by an agency to provide a Fed18 eral employee’s home address to any labor organization 19 except when the employee has authorized such disclosure 20 or when such disclosure has been ordered by a court of 21 competent jurisdiction. 22 SEC. 717. None of the funds made available in this 23 or any other Act may be used to provide any non-public 24 information such as mailing, telephone or electronic mail25 ing lists to any person or any organization outside of the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 608 1 Federal Government without the approval of the Commit2 tees on Appropriations of the House of Representatives 3 and the Senate. 4 SEC. 718. No part of any appropriation contained in 5 this or any other Act shall be used directly or indirectly, 6 including by private contractor, for publicity or propa7 ganda purposes within the United States not heretofore 8 authorized by Congress. 9 SEC. 719. (a) In this section, the term ‘‘agency’’— 10 (1) means an Executive agency, as defined 11 under 5 U.S.C. 105; and 12 (2) includes a military department, as defined 13 under section 102 of such title, the United States 14 Postal Service, and the Postal Regulatory Commis- 15 sion. 16 (b) Unless authorized in accordance with law or regu- 17 lations to use such time for other purposes, an employee 18 of an agency shall use official time in an honest effort 19 to perform official duties. An employee not under a leave 20 system, including a Presidential appointee exempted under 21 5 U.S.C. 6301(2), has an obligation to expend an honest 22 effort and a reasonable proportion of such employee’s time 23 in the performance of official duties. 24 SEC. 720. Notwithstanding 31 U.S.C. 1346 and sec- 25 tion 708 of this Act, funds made available for the current March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 609 1 fiscal year by this or any other Act to any department 2 or agency, which is a member of the Federal Accounting 3 Standards Advisory Board (FASAB), shall be available to 4 finance an appropriate share of FASAB administrative 5 costs. 6 SEC. 721. Notwithstanding 31 U.S.C. 1346 and sec- 7 tion 708 of this Act, the head of each Executive depart8 ment and agency is hereby authorized to transfer to or 9 reimburse ‘‘General Services Administration, Government10 wide Policy’’ with the approval of the Director of the Of11 fice of Management and Budget, funds made available for 12 the current fiscal year by this or any other Act, including 13 rebates from charge card and other contracts: Provided, 14 That these funds shall be administered by the Adminis15 trator of General Services to support Government-wide 16 and other multi-agency financial, information technology, 17 procurement, and other management innovations, initia18 tives, and activities, including improving coordination and 19 reducing duplication, as approved by the Director of the 20 Office of Management and Budget, in consultation with 21 the appropriate interagency and multi-agency groups des22 ignated by the Director (including the President’s Man23 agement Council for overall management improvement ini24 tiatives, the Chief Financial Officers Council for financial 25 management initiatives, the Chief Information Officers March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 610 1 Council for information technology initiatives, the Chief 2 Human Capital Officers Council for human capital initia3 tives, the Chief Acquisition Officers Council for procure4 ment initiatives, and the Performance Improvement Coun5 cil for performance improvement initiatives): Provided fur6 ther, That the total funds transferred or reimbursed shall 7 not exceed $15,000,000 to improve coordination, reduce 8 duplication, and for other activities related to Federal 9 Government Priority Goals established by 31 U.S.C. 1120, 10 and not to exceed $17,000,000 for Government-Wide inno11 vations, initiatives, and activities: Provided further, That 12 the funds transferred to or for reimbursement of ‘‘General 13 Services Administration, Government-wide Policy’’ during 14 fiscal year 2018 shall remain available for obligation 15 through September 30, 2019: Provided further, That such 16 transfers or reimbursements may only be made after 15 17 days following notification of the Committees on Appro18 priations of the House of Representatives and the Senate 19 by the Director of the Office of Management and Budget. 20 SEC. 722. Notwithstanding any other provision of 21 law, a woman may breastfeed her child at any location 22 in a Federal building or on Federal property, if the woman 23 and her child are otherwise authorized to be present at 24 the location. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 611 1 SEC. 723. Notwithstanding 31 U.S.C. 1346, or sec- 2 tion 708 of this Act, funds made available for the current 3 fiscal year by this or any other Act shall be available for 4 the interagency funding of specific projects, workshops, 5 studies, and similar efforts to carry out the purposes of 6 the National Science and Technology Council (authorized 7 by Executive Order No. 12881), which benefit multiple 8 Federal departments, agencies, or entities: Provided, That 9 the Office of Management and Budget shall provide a re10 port describing the budget of and resources connected with 11 the National Science and Technology Council to the Com12 mittees on Appropriations, the House Committee on 13 Science and Technology, and the Senate Committee on 14 Commerce, Science, and Transportation 90 days after en15 actment of this Act. 16 SEC. 724. Any request for proposals, solicitation, 17 grant application, form, notification, press release, or 18 other publications involving the distribution of Federal 19 funds shall comply with any relevant requirements in part 20 200 of title 2, Code of Federal Regulations: Provided, 21 That this section shall apply to direct payments, formula 22 funds, and grants received by a State receiving Federal 23 funds. 24 SEC. 725. (a) PROHIBITION 25 MONITORING March 21, 2018 (6:08 p.m.) OF FEDERAL AGENCY OF INDIVIDUALS’ INTERNET USE.—None of U:\2018REPT\OMNI\Final\RCP—FM.xml 612 1 the funds made available in this or any other Act may 2 be used by any Federal agency— 3 (1) to collect, review, or create any aggregation 4 of data, derived from any means, that includes any 5 personally identifiable information relating to an in- 6 dividual’s access to or use of any Federal Govern- 7 ment Internet site of the agency; or 8 (2) to enter into any agreement with a third 9 party (including another government agency) to col- 10 lect, review, or obtain any aggregation of data, de- 11 rived from any means, that includes any personally 12 identifiable information relating to an individual’s 13 access to or use of any nongovernmental Internet 14 site. 15 (b) EXCEPTIONS.—The limitations established in 16 subsection (a) shall not apply to— 17 18 19 20 (1) any record of aggregate data that does not identify particular persons; (2) any voluntary submission of personally identifiable information; 21 (3) any action taken for law enforcement, regu- 22 latory, or supervisory purposes, in accordance with 23 applicable law; or 24 (4) any action described in subsection (a)(1) 25 that is a system security action taken by the oper- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 613 1 ator of an Internet site and is necessarily incident 2 to providing the Internet site services or to pro- 3 tecting the rights or property of the provider of the 4 Internet site. 5 (c) DEFINITIONS.—For the purposes of this section: 6 (1) The term ‘‘regulatory’’ means agency ac- 7 tions to implement, interpret or enforce authorities 8 provided in law. 9 (2) The term ‘‘supervisory’’ means examina- 10 tions of the agency’s supervised institutions, includ- 11 ing assessing safety and soundness, overall financial 12 condition, management practices and policies and 13 compliance with applicable standards as provided in 14 law. 15 SEC. 726. (a) None of the funds appropriated by this 16 Act may be used to enter into or renew a contract which 17 includes a provision providing prescription drug coverage, 18 except where the contract also includes a provision for con19 traceptive coverage. 20 (b) Nothing in this section shall apply to a contract 21 with— 22 (1) any of the following religious plans: 23 (A) Personal Care’s HMO; and 24 (B) OSF HealthPlans, Inc.; and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 614 1 (2) any existing or future plan, if the carrier 2 for the plan objects to such coverage on the basis of 3 religious beliefs. 4 (c) In implementing this section, any plan that enters 5 into or renews a contract under this section may not sub6 ject any individual to discrimination on the basis that the 7 individual refuses to prescribe or otherwise provide for 8 contraceptives because such activities would be contrary 9 to the individual’s religious beliefs or moral convictions. 10 (d) Nothing in this section shall be construed to re- 11 quire coverage of abortion or abortion-related services. 12 SEC. 727. The United States is committed to ensur- 13 ing the health of its Olympic, Pan American, and 14 Paralympic athletes, and supports the strict adherence to 15 anti-doping in sport through testing, adjudication, edu16 cation, and research as performed by nationally recognized 17 oversight authorities. 18 SEC. 728. Notwithstanding any other provision of 19 law, funds appropriated for official travel to Federal de20 partments and agencies may be used by such departments 21 and agencies, if consistent with Office of Management and 22 Budget Circular A–126 regarding official travel for Gov23 ernment personnel, to participate in the fractional aircraft 24 ownership pilot program. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 615 1 SEC. 729. Notwithstanding any other provision of 2 law, none of the funds appropriated or made available 3 under this or any other appropriations Act may be used 4 to implement or enforce restrictions or limitations on the 5 Coast Guard Congressional Fellowship Program, or to im6 plement the proposed regulations of the Office of Per7 sonnel Management to add sections 300.311 through 8 300.316 to part 300 of title 5 of the Code of Federal Reg9 ulations, published in the Federal Register, volume 68, 10 number 174, on September 9, 2003 (relating to the detail 11 of executive branch employees to the legislative branch). 12 SEC. 730. Notwithstanding any other provision of 13 law, no executive branch agency shall purchase, construct, 14 or lease any additional facilities, except within or contig15 uous to existing locations, to be used for the purpose of 16 conducting Federal law enforcement training without the 17 advance approval of the Committees on Appropriations of 18 the House of Representatives and the Senate, except that 19 the Federal Law Enforcement Training Center is author20 ized to obtain the temporary use of additional facilities 21 by lease, contract, or other agreement for training which 22 cannot be accommodated in existing Center facilities. 23 SEC. 731. Unless otherwise authorized by existing 24 law, none of the funds provided in this or any other Act 25 may be used by an executive branch agency to produce March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 616 1 any prepackaged news story intended for broadcast or dis2 tribution in the United States, unless the story includes 3 a clear notification within the text or audio of the pre4 packaged news story that the prepackaged news story was 5 prepared or funded by that executive branch agency. 6 SEC. 732. None of the funds made available in this 7 Act may be used in contravention of section 552a of title 8 5, United States Code (popularly known as the Privacy 9 Act), and regulations implementing that section. 10 SEC. 733. (a) IN GENERAL.—None of the funds ap- 11 propriated or otherwise made available by this or any 12 other Act may be used for any Federal Government con13 tract with any foreign incorporated entity which is treated 14 as an inverted domestic corporation under section 835(b) 15 of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) 16 or any subsidiary of such an entity. 17 (b) WAIVERS.— 18 (1) IN GENERAL.—Any Secretary shall waive 19 subsection (a) with respect to any Federal Govern- 20 ment contract under the authority of such Secretary 21 if the Secretary determines that the waiver is re- 22 quired in the interest of national security. 23 (2) REPORT TO CONGRESS.—Any Secretary 24 issuing a waiver under paragraph (1) shall report 25 such issuance to Congress. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 617 1 (c) EXCEPTION.—This section shall not apply to any 2 Federal Government contract entered into before the date 3 of the enactment of this Act, or to any task order issued 4 pursuant to such contract. 5 SEC. 734. During fiscal year 2018, for each employee 6 who— 7 8 (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code; or 9 (2) retires under any other provision of sub- 10 chapter III of chapter 83 or chapter 84 of such title 11 5 and receives a payment as an incentive to sepa- 12 rate, the separating agency shall remit to the Civil 13 Service Retirement and Disability Fund an amount 14 equal to the Office of Personnel Management’s aver- 15 age unit cost of processing a retirement claim for 16 the preceding fiscal year. Such amounts shall be 17 available until expended to the Office of Personnel 18 Management and shall be deemed to be an adminis- 19 trative expense under section 8348(a)(1)(B) of title 20 5, United States Code. 21 SEC. 735. (a) None of the funds made available in 22 this or any other Act may be used to recommend or re23 quire any entity submitting an offer for a Federal contract 24 to disclose any of the following information as a condition 25 of submitting the offer: March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 618 1 (1) Any payment consisting of a contribution, 2 expenditure, independent expenditure, or disburse- 3 ment for an electioneering communication that is 4 made by the entity, its officers or directors, or any 5 of its affiliates or subsidiaries to a candidate for 6 election for Federal office or to a political com- 7 mittee, or that is otherwise made with respect to any 8 election for Federal office. 9 (2) Any disbursement of funds (other than a 10 payment described in paragraph (1)) made by the 11 entity, its officers or directors, or any of its affiliates 12 or subsidiaries to any person with the intent or the 13 reasonable expectation that the person will use the 14 funds to make a payment described in paragraph 15 (1). 16 (b) In this section, each of the terms ‘‘contribution’’, 17 ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘election18 eering communication’’, ‘‘candidate’’, ‘‘election’’, and 19 ‘‘Federal office’’ has the meaning given such term in the 20 Federal Election Campaign Act of 1971 (52 U.S.C. 30101 21 et seq.). 22 SEC. 736. None of the funds made available in this 23 or any other Act may be used to pay for the painting of 24 a portrait of an officer or employee of the Federal govern25 ment, including the President, the Vice President, a mem- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 619 1 ber of Congress (including a Delegate or a Resident Com2 missioner to Congress), the head of an executive branch 3 agency (as defined in section 133 of title 41, United States 4 Code), or the head of an office of the legislative branch. 5 SEC. 737. (a)(1) Notwithstanding any other provision 6 of law, and except as otherwise provided in this section, 7 no part of any of the funds appropriated for fiscal year 8 2018, by this or any other Act, may be used to pay any 9 prevailing rate employee described in section 10 5342(a)(2)(A) of title 5, United States Code— 11 (A) during the period from the date of expira- 12 tion of the limitation imposed by the comparable sec- 13 tion for the previous fiscal years until the normal ef- 14 fective date of the applicable wage survey adjust- 15 ment that is to take effect in fiscal year 2018, in an 16 amount that exceeds the rate payable for the appli- 17 cable grade and step of the applicable wage schedule 18 in accordance with such section; and 19 (B) during the period consisting of the remain- 20 der of fiscal year 2018, in an amount that exceeds, 21 as a result of a wage survey adjustment, the rate 22 payable under subparagraph (A) by more than the 23 sum of— 24 (i) the percentage adjustment taking effect 25 in fiscal year 2018 under section 5303 of title March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 620 1 5, United States Code, in the rates of pay 2 under the General Schedule; and 3 (ii) the difference between the overall aver- 4 age percentage of the locality-based com- 5 parability payments taking effect in fiscal year 6 2018 under section 5304 of such title (whether 7 by adjustment or otherwise), and the overall av- 8 erage percentage of such payments which was 9 effective in the previous fiscal year under such 10 11 section. (2) Notwithstanding any other provision of law, no 12 prevailing rate employee described in subparagraph (B) or 13 (C) of section 5342(a)(2) of title 5, United States Code, 14 and no employee covered by section 5348 of such title, 15 may be paid during the periods for which paragraph (1) 16 is in effect at a rate that exceeds the rates that would 17 be payable under paragraph (1) were paragraph (1) appli18 cable to such employee. 19 (3) For the purposes of this subsection, the rates pay- 20 able to an employee who is covered by this subsection and 21 who is paid from a schedule not in existence on September 22 30, 2017, shall be determined under regulations pre23 scribed by the Office of Personnel Management. 24 (4) Notwithstanding any other provision of law, rates 25 of premium pay for employees subject to this subsection March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 621 1 may not be changed from the rates in effect on September 2 30, 2017, except to the extent determined by the Office 3 of Personnel Management to be consistent with the pur4 pose of this subsection. 5 (5) This subsection shall apply with respect to pay 6 for service performed after September 30, 2017. 7 (6) For the purpose of administering any provision 8 of law (including any rule or regulation that provides pre9 mium pay, retirement, life insurance, or any other em10 ployee benefit) that requires any deduction or contribu11 tion, or that imposes any requirement or limitation on the 12 basis of a rate of salary or basic pay, the rate of salary 13 or basic pay payable after the application of this sub14 section shall be treated as the rate of salary or basic pay. 15 (7) Nothing in this subsection shall be considered to 16 permit or require the payment to any employee covered 17 by this subsection at a rate in excess of the rate that would 18 be payable were this subsection not in effect. 19 (8) The Office of Personnel Management may provide 20 for exceptions to the limitations imposed by this sub21 section if the Office determines that such exceptions are 22 necessary to ensure the recruitment or retention of quali23 fied employees. 24 (b) Notwithstanding subsection (a), the adjustment 25 in rates of basic pay for the statutory pay systems that March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 622 1 take place in fiscal year 2018 under sections 5344 and 2 5348 of title 5, United States Code, shall be— 3 (1) not less than the percentage received by em- 4 ployees in the same location whose rates of basic pay 5 are adjusted pursuant to the statutory pay systems 6 under sections 5303 and 5304 of title 5, United 7 States Code: Provided, That prevailing rate employ- 8 ees at locations where there are no employees whose 9 pay is increased pursuant to sections 5303 and 5304 10 of title 5, United States Code, and prevailing rate 11 employees described in section 5343(a)(5) of title 5, 12 United States Code, shall be considered to be located 13 in the pay locality designated as ‘‘Rest of United 14 States’’ pursuant to section 5304 of title 5, United 15 States Code, for purposes of this subsection; and 16 (2) effective as of the first day of the first ap- 17 plicable pay period beginning after September 30, 18 2017. 19 SEC. 738. (a) The Vice President may not receive a 20 pay raise in calendar year 2018, notwithstanding the rate 21 adjustment made under section 104 of title 3, United 22 States Code, or any other provision of law. 23 (b) An employee serving in an Executive Schedule po- 24 sition, or in a position for which the rate of pay is fixed 25 by statute at an Executive Schedule rate, may not receive March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 623 1 a pay rate increase in calendar year 2018, notwith2 standing schedule adjustments made under section 5318 3 of title 5, United States Code, or any other provision of 4 law, except as provided in subsection (g), (h), or (i). This 5 subsection applies only to employees who are holding a po6 sition under a political appointment. 7 (c) A chief of mission or ambassador at large may 8 not receive a pay rate increase in calendar year 2018, not9 withstanding section 401 of the Foreign Service Act of 10 1980 (Public Law 96–465) or any other provision of law, 11 except as provided in subsection (g), (h), or (i). 12 (d) Notwithstanding sections 5382 and 5383 of title 13 5, United States Code, a pay rate increase may not be 14 received in calendar year 2018 (except as provided in sub15 section (g), (h), or (i)) by— 16 (1) a noncareer appointee in the Senior Execu- 17 tive Service paid a rate of basic pay at or above level 18 IV of the Executive Schedule; or 19 (2) a limited term appointee or limited emer- 20 gency appointee in the Senior Executive Service 21 serving under a political appointment and paid a 22 rate of basic pay at or above level IV of the Execu- 23 tive Schedule. 24 (e) Any employee paid a rate of basic pay (including 25 any locality-based payments under section 5304 of title March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 624 1 5, United States Code, or similar authority) at or above 2 level IV of the Executive Schedule who serves under a po3 litical appointment may not receive a pay rate increase 4 in calendar year 2018, notwithstanding any other provi5 sion of law, except as provided in subsection (g), (h), or 6 (i). This subsection does not apply to employees in the 7 General Schedule pay system or the Foreign Service pay 8 system, or to employees appointed under section 3161 of 9 title 5, United States Code, or to employees in another 10 pay system whose position would be classified at GS–15 11 or below if chapter 51 of title 5, United States Code, ap12 plied to them. 13 (f) Nothing in subsections (b) through (e) shall pre- 14 vent employees who do not serve under a political appoint15 ment from receiving pay increases as otherwise provided 16 under applicable law. 17 (g) A career appointee in the Senior Executive Serv- 18 ice who receives a Presidential appointment and who 19 makes an election to retain Senior Executive Service basic 20 pay entitlements under section 3392 of title 5, United 21 States Code, is not subject to this section. 22 (h) A member of the Senior Foreign Service who re- 23 ceives a Presidential appointment to any position in the 24 executive branch and who makes an election to retain Sen25 ior Foreign Service pay entitlements under section 302(b) March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 625 1 of the Foreign Service Act of 1980 (Public Law 96–465) 2 is not subject to this section. 3 (i) Notwithstanding subsections (b) through (e), an 4 employee in a covered position may receive a pay rate in5 crease upon an authorized movement to a different cov6 ered position with higher-level duties and a pre-established 7 higher level or range of pay, except that any such increase 8 must be based on the rates of pay and applicable pay limi9 tations in effect on December 31, 2013. 10 (j) Notwithstanding any other provision of law, for 11 an individual who is newly appointed to a covered position 12 during the period of time subject to this section, the initial 13 pay rate shall be based on the rates of pay and applicable 14 pay limitations in effect on December 31, 2013. 15 (k) If an employee affected by subsections (b) 16 through (e) is subject to a biweekly pay period that begins 17 in calendar year 2018 but ends in calendar year 2019, 18 the bar on the employee’s receipt of pay rate increases 19 shall apply through the end of that pay period. 20 SEC. 739. (a) The head of any Executive branch de- 21 partment, agency, board, commission, or office funded by 22 this or any other appropriations Act shall submit annual 23 reports to the Inspector General or senior ethics official 24 for any entity without an Inspector General, regarding the 25 costs and contracting procedures related to each con- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 626 1 ference held by any such department, agency, board, com2 mission, or office during fiscal year 2018 for which the 3 cost to the United States Government was more than 4 $100,000. 5 (b) Each report submitted shall include, for each con- 6 ference described in subsection (a) held during the applica7 ble period— 8 (1) a description of its purpose; 9 (2) the number of participants attending; 10 11 (3) a detailed statement of the costs to the United States Government, including— 12 (A) the cost of any food or beverages; 13 (B) the cost of any audio-visual services; 14 (C) the cost of employee or contractor 15 travel to and from the conference; and 16 (D) a discussion of the methodology used 17 to determine which costs relate to the con- 18 ference; and 19 (4) a description of the contracting procedures 20 21 22 used including— (A) whether contracts were awarded on a competitive basis; and 23 (B) a discussion of any cost comparison 24 conducted by the departmental component or March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 627 1 office in evaluating potential contractors for the 2 conference. 3 (c) Within 15 days after the end of a quarter, the 4 head of any such department, agency, board, commission, 5 or office shall notify the Inspector General or senior ethics 6 official for any entity without an Inspector General, of the 7 date, location, and number of employees attending a con8 ference held by any Executive branch department, agency, 9 board, commission, or office funded by this or any other 10 appropriations Act during fiscal year 2018 for which the 11 cost to the United States Government was more than 12 $20,000. 13 (d) A grant or contract funded by amounts appro- 14 priated by this or any other appropriations Act may not 15 be used for the purpose of defraying the costs of a con16 ference described in subsection (c) that is not directly and 17 programmatically related to the purpose for which the 18 grant or contract was awarded, such as a conference held 19 in connection with planning, training, assessment, review, 20 or other routine purposes related to a project funded by 21 the grant or contract. 22 (e) None of the funds made available in this or any 23 other appropriations Act may be used for travel and con24 ference activities that are not in compliance with Office 25 of Management and Budget Memorandum M–12–12 March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 628 1 dated May 11, 2012 or any subsequent revisions to that 2 memorandum. 3 SEC. 740. None of the funds made available in this 4 or any other appropriations Act may be used to increase, 5 eliminate, or reduce funding for a program, project, or ac6 tivity as proposed in the President’s budget request for 7 a fiscal year until such proposed change is subsequently 8 enacted in an appropriation Act, or unless such change 9 is made pursuant to the reprogramming or transfer provi10 sions of this or any other appropriations Act. 11 SEC. 741. None of the funds made available by this 12 or any other Act may be used to implement, administer, 13 enforce, or apply the rule entitled ‘‘Competitive Area’’ 14 published by the Office of Personnel Management in the 15 Federal Register on April 15, 2008 (73 Fed. Reg. 20180 16 et seq.). 17 SEC. 742. None of the funds appropriated or other- 18 wise made available by this or any other Act may be used 19 to begin or announce a study or public-private competition 20 regarding the conversion to contractor performance of any 21 function performed by Federal employees pursuant to Of22 fice of Management and Budget Circular A–76 or any 23 other administrative regulation, directive, or policy. 24 SEC. 743. (a) None of the funds appropriated or oth- 25 erwise made available by this or any other Act may be March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 629 1 available for a contract, grant, or cooperative agreement 2 with an entity that requires employees or contractors of 3 such entity seeking to report fraud, waste, or abuse to sign 4 internal confidentiality agreements or statements prohib5 iting or otherwise restricting such employees or contrac6 tors from lawfully reporting such waste, fraud, or abuse 7 to a designated investigative or law enforcement represent8 ative of a Federal department or agency authorized to re9 ceive such information. 10 (b) The limitation in subsection (a) shall not con- 11 travene requirements applicable to Standard Form 312, 12 Form 4414, or any other form issued by a Federal depart13 ment or agency governing the nondisclosure of classified 14 information. 15 SEC. 744. (a) No funds appropriated in this or any 16 other Act may be used to implement or enforce the agree17 ments in Standard Forms 312 and 4414 of the Govern18 ment or any other nondisclosure policy, form, or agree19 ment if such policy, form, or agreement does not contain 20 the following provisions: ‘‘These provisions are consistent 21 with and do not supersede, conflict with, or otherwise alter 22 the employee obligations, rights, or liabilities created by 23 existing statute or Executive order relating to (1) classi24 fied information, (2) communications to Congress, (3) the 25 reporting to an Inspector General of a violation of any March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 630 1 law, rule, or regulation, or mismanagement, a gross waste 2 of funds, an abuse of authority, or a substantial and spe3 cific danger to public health or safety, or (4) any other 4 whistleblower protection. The definitions, requirements, 5 obligations, rights, sanctions, and liabilities created by 6 controlling Executive orders and statutory provisions are 7 incorporated into this agreement and are controlling.’’: 8 Provided, That notwithstanding the preceding provision of 9 this section, a nondisclosure policy form or agreement that 10 is to be executed by a person connected with the conduct 11 of an intelligence or intelligence-related activity, other 12 than an employee or officer of the United States Govern13 ment, may contain provisions appropriate to the particular 14 activity for which such document is to be used. Such form 15 or agreement shall, at a minimum, require that the person 16 will not disclose any classified information received in the 17 course of such activity unless specifically authorized to do 18 so by the United States Government. Such nondisclosure 19 forms shall also make it clear that they do not bar disclo20 sures to Congress, or to an authorized official of an execu21 tive agency or the Department of Justice, that are essen22 tial to reporting a substantial violation of law. 23 (b) A nondisclosure agreement may continue to be 24 implemented and enforced notwithstanding subsection (a) March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 631 1 if it complies with the requirements for such agreement 2 that were in effect when the agreement was entered into. 3 (c) No funds appropriated in this or any other Act 4 may be used to implement or enforce any agreement en5 tered into during fiscal year 2014 which does not contain 6 substantially similar language to that required in sub7 section (a). 8 SEC. 745. None of the funds made available by this 9 or any other Act may be used to enter into a contract, 10 memorandum of understanding, or cooperative agreement 11 with, make a grant to, or provide a loan or loan guarantee 12 to, any corporation that has any unpaid Federal tax liabil13 ity that has been assessed, for which all judicial and ad14 ministrative remedies have been exhausted or have lapsed, 15 and that is not being paid in a timely manner pursuant 16 to an agreement with the authority responsible for col17 lecting the tax liability, where the awarding agency is 18 aware of the unpaid tax liability, unless a Federal agency 19 has considered suspension or debarment of the corporation 20 and has made a determination that this further action is 21 not necessary to protect the interests of the Government. 22 SEC. 746. None of the funds made available by this 23 or any other Act may be used to enter into a contract, 24 memorandum of understanding, or cooperative agreement 25 with, make a grant to, or provide a loan or loan guarantee March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 632 1 to, any corporation that was convicted of a felony criminal 2 violation under any Federal law within the preceding 24 3 months, where the awarding agency is aware of the convic4 tion, unless a Federal agency has considered suspension 5 or debarment of the corporation and has made a deter6 mination that this further action is not necessary to pro7 tect the interests of the Government. 8 SEC. 747. (a) During fiscal year 2018, on the date 9 on which a request is made for a transfer of funds in ac10 cordance with section 1017 of Public Law 111–203, the 11 Bureau of Consumer Financial Protection shall notify the 12 Committees on Appropriations of the House of Represent13 atives and the Senate, the Committee on Financial Serv14 ices of the House of Representatives, and the Committee 15 on Banking, Housing, and Urban Affairs of the Senate 16 of such request. 17 (b) Any notification required by this section shall be 18 made available on the Bureau’s public Web site. 19 SEC. 748. If, for fiscal year 2018, new budget author- 20 ity provided in appropriations Acts exceeds the discre21 tionary spending limit for any category set forth in section 22 251(c) of the Balanced Budget and Emergency Deficit 23 Control Act of 1985 due to estimating differences with the 24 Congressional Budget Office, an adjustment to the discre25 tionary spending limit in such category for fiscal year March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 633 1 2018 shall be made by the Director of the Office of Man2 agement and Budget in the amount of the excess but the 3 total of all such adjustments shall not exceed 0.2 percent 4 of the sum of the adjusted discretionary spending limits 5 for all categories for that fiscal year. 6 SEC. 749. Except as expressly provided otherwise, 7 any reference to ‘‘this Act’’ contained in any title other 8 than title IV or VIII shall not apply to such title IV or 9 VIII. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 634 1 TITLE VIII 2 GENERAL PROVISIONS—DISTRICT OF 3 COLUMBIA 4 (INCLUDING TRANSFERS OF FUNDS) 5 SEC. 801. There are appropriated from the applicable 6 funds of the District of Columbia such sums as may be 7 necessary for making refunds and for the payment of legal 8 settlements or judgments that have been entered against 9 the District of Columbia government. 10 SEC. 802. None of the Federal funds provided in this 11 Act shall be used for publicity or propaganda purposes or 12 implementation of any policy including boycott designed 13 to support or defeat legislation pending before Congress 14 or any State legislature. 15 SEC. 803. (a) None of the Federal funds provided 16 under this Act to the agencies funded by this Act, both 17 Federal and District government agencies, that remain 18 available for obligation or expenditure in fiscal year 2018, 19 or provided from any accounts in the Treasury of the 20 United States derived by the collection of fees available 21 to the agencies funded by this Act, shall be available for 22 obligation or expenditures for an agency through a re23 programming of funds which— 24 March 21, 2018 (6:08 p.m.) (1) creates new programs; U:\2018REPT\OMNI\Final\RCP—FM.xml 635 1 2 (2) eliminates a program, project, or responsibility center; 3 4 (3) establishes or changes allocations specifically denied, limited or increased under this Act; 5 (4) increases funds or personnel by any means 6 for any program, project, or responsibility center for 7 which funds have been denied or restricted; 8 9 (5) re-establishes any program or project previously deferred through reprogramming; 10 (6) augments any existing program, project, or 11 responsibility center through a reprogramming of 12 funds in excess of $3,000,000 or 10 percent, which- 13 ever is less; or 14 (7) increases by 20 percent or more personnel 15 assigned to a specific program, project or responsi- 16 bility center, 17 unless prior approval is received from the Committees on 18 Appropriations of the House of Representatives and the 19 Senate. 20 (b) The District of Columbia government is author- 21 ized to approve and execute reprogramming and transfer 22 requests of local funds under this title through November 23 7, 2018. 24 SEC. 804. None of the Federal funds provided in this 25 Act may be used by the District of Columbia to provide March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 636 1 for salaries, expenses, or other costs associated with the 2 offices of United States Senator or United States Rep3 resentative under section 4(d) of the District of Columbia 4 Statehood Constitutional Convention Initiatives of 1979 5 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 6 SEC. 805. Except as otherwise provided in this sec- 7 tion, none of the funds made available by this Act or by 8 any other Act may be used to provide any officer or em9 ployee of the District of Columbia with an official vehicle 10 unless the officer or employee uses the vehicle only in the 11 performance of the officer’s or employee’s official duties. 12 For purposes of this section, the term ‘‘official duties’’ 13 does not include travel between the officer’s or employee’s 14 residence and workplace, except in the case of— 15 (1) an officer or employee of the Metropolitan 16 Police Department who resides in the District of Co- 17 lumbia or is otherwise designated by the Chief of the 18 Department; 19 (2) at the discretion of the Fire Chief, an offi- 20 cer or employee of the District of Columbia Fire and 21 Emergency Medical Services Department who re- 22 sides in the District of Columbia and is on call 24 23 hours a day; 24 (3) at the discretion of the Director of the De- 25 partment of Corrections, an officer or employee of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 637 1 the District of Columbia Department of Corrections 2 who resides in the District of Columbia and is on 3 call 24 hours a day; 4 (4) at the discretion of the Chief Medical Ex- 5 aminer, an officer or employee of the Office of the 6 Chief Medical Examiner who resides in the District 7 of Columbia and is on call 24 hours a day; 8 (5) at the discretion of the Director of the 9 Homeland Security and Emergency Management 10 Agency, an officer or employee of the Homeland Se- 11 curity and Emergency Management Agency who re- 12 sides in the District of Columbia and is on call 24 13 hours a day; 14 (6) the Mayor of the District of Columbia; and 15 (7) the Chairman of the Council of the District 16 of Columbia. 17 SEC. 806. (a) None of the Federal funds contained 18 in this Act may be used by the District of Columbia Attor19 ney General or any other officer or entity of the District 20 government to provide assistance for any petition drive or 21 civil action which seeks to require Congress to provide for 22 voting representation in Congress for the District of Co23 lumbia. 24 (b) Nothing in this section bars the District of Co- 25 lumbia Attorney General from reviewing or commenting March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 638 1 on briefs in private lawsuits, or from consulting with offi2 cials of the District government regarding such lawsuits. 3 SEC. 807. None of the Federal funds contained in 4 this Act may be used to distribute any needle or syringe 5 for the purpose of preventing the spread of blood borne 6 pathogens in any location that has been determined by the 7 local public health or local law enforcement authorities to 8 be inappropriate for such distribution. 9 SEC. 808. Nothing in this Act may be construed to 10 prevent the Council or Mayor of the District of Columbia 11 from addressing the issue of the provision of contraceptive 12 coverage by health insurance plans, but it is the intent 13 of Congress that any legislation enacted on such issue 14 should include a ‘‘conscience clause’’ which provides excep15 tions for religious beliefs and moral convictions. 16 SEC. 809. (a) None of the Federal funds contained 17 in this Act may be used to enact or carry out any law, 18 rule, or regulation to legalize or otherwise reduce penalties 19 associated with the possession, use, or distribution of any 20 schedule I substance under the Controlled Substances Act 21 (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols de22 rivative. 23 (b) No funds available for obligation or expenditure 24 by the District of Columbia government under any author25 ity may be used to enact any law, rule, or regulation to March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 639 1 legalize or otherwise reduce penalties associated with the 2 possession, use, or distribution of any schedule I substance 3 under the Controlled Substances Act (21 U.S.C. 801 et 4 seq.) or any tetrahydrocannabinols derivative for rec5 reational purposes. 6 SEC. 810. No funds available for obligation or ex- 7 penditure by the District of Columbia government under 8 any authority shall be expended for any abortion except 9 where the life of the mother would be endangered if the 10 fetus were carried to term or where the pregnancy is the 11 result of an act of rape or incest. 12 SEC. 811. (a) No later than 30 calendar days after 13 the date of the enactment of this Act, the Chief Financial 14 Officer for the District of Columbia shall submit to the 15 appropriate committees of Congress, the Mayor, and the 16 Council of the District of Columbia, a revised appropriated 17 funds operating budget in the format of the budget that 18 the District of Columbia government submitted pursuant 19 to section 442 of the District of Columbia Home Rule Act 20 (D.C. Official Code, sec. 1–204.42), for all agencies of the 21 District of Columbia government for fiscal year 2018 that 22 is in the total amount of the approved appropriation and 23 that realigns all budgeted data for personal services and 24 other-than-personal services, respectively, with anticipated 25 actual expenditures. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 640 1 (b) This section shall apply only to an agency for 2 which the Chief Financial Officer for the District of Co3 lumbia certifies that a reallocation is required to address 4 unanticipated changes in program requirements. 5 SEC. 812. No later than 30 calendar days after the 6 date of the enactment of this Act, the Chief Financial Offi7 cer for the District of Columbia shall submit to the appro8 priate committees of Congress, the Mayor, and the Council 9 for the District of Columbia, a revised appropriated funds 10 operating budget for the District of Columbia Public 11 Schools that aligns schools budgets to actual enrollment. 12 The revised appropriated funds budget shall be in the for13 mat of the budget that the District of Columbia govern14 ment submitted pursuant to section 442 of the District 15 of Columbia Home Rule Act (D.C. Official Code, sec. 1– 16 204.42). 17 SEC. 813. (a) Amounts appropriated in this Act as 18 operating funds may be transferred to the District of Co19 lumbia’s enterprise and capital funds and such amounts, 20 once transferred, shall retain appropriation authority con21 sistent with the provisions of this Act. 22 (b) The District of Columbia government is author- 23 ized to reprogram or transfer for operating expenses any 24 local funds transferred or reprogrammed in this or the 25 four prior fiscal years from operating funds to capital March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 641 1 funds, and such amounts, once transferred or repro2 grammed, shall retain appropriation authority consistent 3 with the provisions of this Act. 4 (c) The District of Columbia government may not 5 transfer or reprogram for operating expenses any funds 6 derived from bonds, notes, or other obligations issued for 7 capital projects. 8 SEC. 814. None of the Federal funds appropriated 9 in this Act shall remain available for obligation beyond 10 the current fiscal year, nor may any be transferred to 11 other appropriations, unless expressly so provided herein. 12 SEC. 815. Except as otherwise specifically provided 13 by law or under this Act, not to exceed 50 percent of unob14 ligated balances remaining available at the end of fiscal 15 year 2018 from appropriations of Federal funds made 16 available for salaries and expenses for fiscal year 2018 in 17 this Act, shall remain available through September 30, 18 2019, for each such account for the purposes authorized: 19 Provided, That a request shall be submitted to the Com20 mittees on Appropriations of the House of Representatives 21 and the Senate for approval prior to the expenditure of 22 such funds: Provided further, That these requests shall be 23 made in compliance with reprogramming guidelines out24 lined in section 803 of this Act. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 642 1 SEC. 816. (a)(1) During fiscal year 2019, during a 2 period in which neither a District of Columbia continuing 3 resolution or a regular District of Columbia appropriation 4 bill is in effect, local funds are appropriated in the amount 5 provided for any project or activity for which local funds 6 are provided in the Act referred to in paragraph (2) (sub7 ject to any modifications enacted by the District of Colum8 bia as of the beginning of the period during which this 9 subsection is in effect) at the rate set forth by such Act. 10 (2) The Act referred to in this paragraph is the Act 11 of the Council of the District of Columbia pursuant to 12 which a proposed budget is approved for fiscal year 2019 13 which (subject to the requirements of the District of Co14 lumbia Home Rule Act) will constitute the local portion 15 of the annual budget for the District of Columbia govern16 ment for fiscal year 2019 for purposes of section 446 of 17 the District of Columbia Home Rule Act (sec. 1–204.46, 18 D.C. Official Code). 19 (b) Appropriations made by subsection (a) shall cease 20 to be available— 21 (1) during any period in which a District of Co- 22 lumbia continuing resolution for fiscal year 2019 is 23 in effect; or March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 643 1 (2) upon the enactment into law of the regular 2 District of Columbia appropriation bill for fiscal year 3 2019. 4 (c) An appropriation made by subsection (a) is pro- 5 vided under the authority and conditions as provided 6 under this Act and shall be available to the extent and 7 in the manner that would be provided by this Act. 8 (d) An appropriation made by subsection (a) shall 9 cover all obligations or expenditures incurred for such 10 project or activity during the portion of fiscal year 2019 11 for which this section applies to such project or activity. 12 (e) This section shall not apply to a project or activity 13 during any period of fiscal year 2019 if any other provi14 sion of law (other than an authorization of appropria15 tions)— 16 (1) makes an appropriation, makes funds avail- 17 able, or grants authority for such project or activity 18 to continue for such period; or 19 (2) specifically provides that no appropriation 20 shall be made, no funds shall be made available, or 21 no authority shall be granted for such project or ac- 22 tivity to continue for such period. 23 (f) Nothing in this section shall be construed to affect 24 obligations of the government of the District of Columbia 25 mandated by other law. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 644 1 SEC. 817. Except as expressly provided otherwise, 2 any reference to ‘‘this Act’’ contained in this title or in 3 title IV shall be treated as referring only to the provisions 4 of this title or of title IV. 5 This division may be cited as the ‘‘Financial Services 6 and General Government Appropriations Act, 2018’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 645 1 DIVISION F—DEPARTMENT 2 LAND SECURITY 3 ACT, 2018 OF HOME- APPROPRIATIONS 4 TITLE I 5 DEPARTMENTAL MANAGEMENT, OPERATIONS, 6 INTELLIGENCE, AND OVERSIGHT 7 OFFICE OF THE SECRETARY AND EXECUTIVE 8 MANAGEMENT 9 OPERATIONS AND SUPPORT 10 For necessary expenses of the Office of the Secretary 11 and for executive management for operations and support, 12 $139,602,000: Provided, That not to exceed $30,000 shall 13 be for official reception and representation expenses: Pro14 vided further, That of the funds provided under this head15 ing, $2,000,000 shall be withheld from obligation until the 16 Secretary complies with section 107 of this Act. 17 MANAGEMENT DIRECTORATE 18 OPERATIONS AND SUPPORT 19 For necessary expenses of the Management Direc- 20 torate for operations and support, $710,297,000, of which 21 $227,516,000 shall remain available until September 30, 22 2019: Provided, That not to exceed $2,000 shall be for 23 official reception and representation expenses. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 646 1 2 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Management Direc- 3 torate for procurement, construction, and improvements, 4 $29,569,000, to remain available until September 30, 5 2019. 6 7 RESEARCH AND DEVELOPMENT For necessary expenses of the Management Direc- 8 torate for research and development, $2,545,000, to re9 main available until September 30, 2019. 10 INTELLIGENCE, ANALYSIS, AND OPERATIONS 11 COORDINATION 12 OPERATIONS AND SUPPORT 13 For necessary expenses of the Office of Intelligence 14 and Analysis and the Office of Operations Coordination 15 for operations and support, $245,905,000, of which 16 $77,915,000 shall remain available until September 30, 17 2019: Provided, That not to exceed $3,825 shall be for 18 official reception and representation expenses and not to 19 exceed $2,000,000 is available for facility needs associated 20 with secure space at fusion centers, including improve21 ments to buildings. 22 23 24 OFFICE OF INSPECTOR GENERAL OPERATIONS AND SUPPORT For necessary expenses of the Office of Inspector 25 General for operations and support, $168,000,000: Pro- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 647 1 vided, That not to exceed $300,000 may be used for cer2 tain confidential operational expenses, including the pay3 ment of informants, to be expended at the direction of the 4 Inspector General. 5 6 ADMINISTRATIVE PROVISIONS SEC. 101. Hereafter, the Secretary of Homeland Se- 7 curity shall submit to the Committees on Appropriations 8 of the Senate and the House of Representatives, at the 9 time the President’s budget proposal is submitted pursu10 ant to section 1105(a) of title 31, United States Code, 11 the Future Years Homeland Security Program, as author12 ized by section 874 of the Homeland Security Act of 2002 13 (6 U.S.C. 454). 14 SEC. 102. Not later than 30 days after the last day 15 of each month, the Chief Financial Officer of the Depart16 ment of Homeland Security shall submit to the Commit17 tees on Appropriations of the Senate and the House of 18 Representatives a monthly budget and staffing report that 19 includes total obligations of the Department for that 20 month and for the fiscal year at the appropriation and 21 program, project, and activity levels, by the source year 22 of the appropriation. 23 SEC. 103. (a) Notwithstanding section 518 of division 24 F of the Consolidated Appropriations Act, 2016 (Public 25 Law 114–113), the Secretary of Homeland Security shall March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 648 1 submit a report not later than October 15, 2018, to the 2 Inspector General of the Department of Homeland Secu3 rity listing all grants and contracts awarded by any means 4 other than full and open competition during fiscal years 5 2017 and 2018. 6 (b) The Inspector General shall review the report re- 7 quired by subsection (a) to assess departmental compli8 ance with applicable laws and regulations and report the 9 results of that review to the Committees on Appropriations 10 of the Senate and the House of Representatives not later 11 than February 15, 2019. 12 SEC. 104. The Secretary of Homeland Security shall 13 require that all contracts of the Department of Homeland 14 Security that provide award fees link such fees to success15 ful acquisition outcomes, which shall be specified in terms 16 of cost, schedule, and performance. 17 SEC. 105. The Secretary of Homeland Security, in 18 consultation with the Secretary of the Treasury, shall no19 tify the Committees on Appropriations of the Senate and 20 the House of Representatives of any proposed transfers 21 of funds available under section 9703(g)(4)(B) of title 31, 22 United States Code (as added by Public Law 102–393) 23 from the Department of the Treasury Forfeiture Fund to 24 any agency within the Department of Homeland Security: 25 Provided, That none of the funds identified for such a March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 649 1 transfer may be obligated until the Committees on Appro2 priations of the Senate and the House of Representatives 3 are notified of the proposed transfers. 4 SEC. 106. All official costs associated with the use 5 of Government aircraft by Department of Homeland Secu6 rity personnel to support official travel of the Secretary 7 and the Deputy Secretary shall be paid from amounts 8 made available for the Office of the Secretary. 9 SEC. 107. (a) Not later than 30 days after the date 10 of enactment of this Act, the Secretary of Homeland Secu11 rity shall submit to the Committees on Appropriations of 12 the Senate and the House of Representatives, the Commit13 tees on the Judiciary of the Senate and the House of Rep14 resentatives, the Committee on Homeland Security and 15 Governmental Affairs of the Senate, and the Committee 16 on Homeland Security of the House of Representatives, 17 a report for fiscal year 2017 on visa overstay data by 18 country as required by section 1376 of title 8, United 19 States Code: Provided, That the report on visa overstay 20 data shall also include— 21 (1) overstays from all nonimmigrant visa cat- 22 egories under the immigration laws, delineated by 23 each of the classes and sub-classes of such cat- 24 egories; and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 650 1 (2) numbers as well as rates of overstays for 2 each class and sub-class of such nonimmigrant cat- 3 egories on a per-country basis. 4 (b) The Secretary of Homeland Security shall publish 5 on the Department’s website the metrics developed to 6 measure the effectiveness of security between the ports of 7 entry, including the methodology and data supporting the 8 resulting measures. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 651 1 TITLE II 2 SECURITY, ENFORCEMENT, AND 3 INVESTIGATIONS 4 U.S. CUSTOMS 5 6 AND BORDER PROTECTION OPERATIONS AND SUPPORT For necessary expenses of U.S. Customs and Border 7 Protection for operations and support, including the trans8 portation of unaccompanied minor aliens; the provision of 9 air and marine support to Federal, State, and local agen10 cies in the enforcement or administration of laws enforced 11 by the Department of Homeland Security; at the discre12 tion of the Secretary of Homeland Security, the provision 13 of such support to Federal, State, and local agencies in 14 other law enforcement and emergency humanitarian ef15 forts; the purchase and lease of up to 7,500 (6,500 for 16 replacement only) police-type vehicles; the purchase, main17 tenance, or operation of marine vessels, aircraft, and un18 manned aerial systems; and contracting with individuals 19 for personal services abroad; $11,485,164,000; of which 20 $3,274,000 shall be derived from the Harbor Maintenance 21 Trust Fund for administrative expenses related to the col22 lection of the Harbor Maintenance Fee pursuant to section 23 9505(c)(3) of the Internal Revenue Code of 1986 (26 24 U.S.C. 9505(c)(3)) and notwithstanding section 25 1511(e)(1) of the Homeland Security Act of 2002 (6 March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 652 1 U.S.C. 551(e)(1)); of which $681,441,500 shall be avail2 able until September 30, 2019; and of which such sums 3 as become available in the Customs User Fee Account, ex4 cept sums subject to section 13031(f)(3) of the Consoli5 dated Omnibus Budget Reconciliation Act of 1985 (19 6 U.S.C. 58c(f)(3)), shall be derived from that account: Pro7 vided, That not to exceed $34,425 shall be for official re8 ception and representation expenses: Provided further, 9 That not to exceed $15,000,000 may be transferred to the 10 Bureau of Indian Affairs for the maintenance and repair 11 of roads on Native American reservations, as required by 12 the Border Patrol: Provided further, That not to exceed 13 $150,000 shall be available for payment for rental space 14 in connection with preclearance operations: Provided fur15 ther, That not to exceed $1,000,000 shall be for awards 16 of compensation to informants, to be accounted for solely 17 under the certificate of the Secretary of Homeland Secu18 rity. 19 20 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of U.S. Customs and Border 21 Protection for procurement, construction, and improve22 ments, including procurements to buy marine vessels, air23 craft, and unmanned aerial systems, $2,281,357,000, of 24 which $846,343,000 shall remain available until Sep- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 653 1 tember 30, 2020, and of which $1,435,014,000 shall re2 main available until September 30, 2022. 3 U.S. IMMIGRATION 4 5 AND CUSTOMS ENFORCEMENT OPERATIONS AND SUPPORT For necessary expenses of U.S. Immigration and 6 Customs Enforcement for operations and support, includ7 ing the purchase and lease of up to 3,790 (2,350 for re8 placement only) police-type vehicles; overseas vetted units; 9 and maintenance, minor construction, and minor leasehold 10 improvements at owned and leased facilities; 11 $6,993,975,000; of which $6,000,000 shall remain avail12 able until expended for efforts to enforce laws against 13 forced child labor; of which $33,700,000 shall remain 14 available until September 30, 2019; of which not less than 15 $15,000,000 shall be available for investigation of intellec16 tual property rights violations, including operation of the 17 National Intellectual Property Rights Coordination Cen18 ter; of which not less than $9,000,000 shall be available 19 for facilities repair and maintenance projects; of which not 20 less than $84,000,000 shall be available for vehicle fleet 21 recapitalization; and of which not less than 22 $4,110,337,000 shall be for enforcement, detention, and 23 removal operations, including transportation of unaccom24 panied minor aliens: Provided, That not to exceed $11,475 25 shall be for official reception and representation expenses: March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 654 1 Provided further, That not to exceed $10,000,000 shall be 2 available until expended for conducting special operations 3 under section 3131 of the Customs Enforcement Act of 4 1986 (19 U.S.C. 2081): Provided further, That not to ex5 ceed $2,000,000 shall be for awards of compensation to 6 informants, to be accounted for solely under the certificate 7 of the Secretary of Homeland Security: Provided further, 8 That not to exceed $11,216,000 shall be available to fund 9 or reimburse other Federal agencies for the costs associ10 ated with the care, maintenance, and repatriation of 11 smuggled aliens unlawfully present in the United States: 12 Provided further, That of the amounts made available 13 under this heading, $5,000,000 shall be withheld from ob14 ligation until the Secretary of Homeland Security submits 15 to the Committees on Appropriations of the Senate and 16 the House of Representatives the report required under 17 section 212 of this Act. 18 19 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of U.S. Immigration and 20 Customs Enforcement for procurement, construction, and 21 improvements, $81,899,000, to remain available until Sep22 tember 30, 2020; of which not less than $29,000,000 shall 23 be available for facilities repair and maintenance projects. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 655 1 TRANSPORTATION SECURITY ADMINISTRATION 2 OPERATIONS AND SUPPORT 3 For necessary expenses of the Transportation Secu- 4 rity Administration for operations and support, 5 $7,207,851,000, to remain available until September 30, 6 2019: Provided, That not to exceed $7,650 shall be for 7 official reception and representation expenses: Provided 8 further, That security service fees authorized under section 9 44940 of title 49, United States Code, shall be credited 10 to this appropriation as offsetting collections and shall be 11 available only for aviation security: Provided further, That 12 the sum appropriated under this heading from the general 13 fund shall be reduced on a dollar-for-dollar basis as such 14 offsetting collections are received during fiscal year 2018 15 so as to result in a final fiscal year appropriation from 16 the general fund estimated at not more than 17 $4,737,851,000. 18 19 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Transportation Secu- 20 rity Administration for procurement, construction, and 21 improvements, $167,314,000, to remain available until 22 September 30, 2020. 23 24 RESEARCH AND DEVELOPMENT For necessary expenses of the Transportation Secu- 25 rity Administration for research and development, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 656 1 $20,190,000, to remain available until September 30, 2 2019. 3 COAST GUARD 4 OPERATING EXPENSES 5 For necessary expenses for the operations and main- 6 tenance of the Coast Guard, not otherwise provided for; 7 purchase or lease of not to exceed 25 passenger motor ve8 hicles, which shall be for replacement only; purchase or 9 lease of small boats for contingent and emergent require10 ments (at a unit cost of not more than $700,000) and 11 repairs and service-life replacements, not to exceed a total 12 of $31,000,000; purchase or lease of boats necessary for 13 overseas deployments and activities; payments pursuant to 14 section 156 of Public Law 97–377 (42 U.S.C. 402 note; 15 96 Stat. 1920); and recreation and welfare; 16 $7,373,313,000; of which $503,000,000 shall be for de17 fense-related activities, of which $163,000,000 is des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 21 Deficit Control Act of 1985 and shall be available only 22 if the President subsequently so designates all such 23 amounts and transmits such designations to the Congress; 24 and of which $24,500,000 shall be derived from the Oil 25 Spill Liability Trust Fund to carry out the purposes of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 657 1 section 1012(a)(5) of the Oil Pollution Act of 1990 (33 2 U.S.C. 2712(a)(5)): Provided, That not to exceed $23,000 3 shall be for official reception and representation expenses: 4 Provided further, That $25,000,000 shall be withheld from 5 obligation for Coast Guard Headquarters Directorates 6 until a future-years capital investment plan for fiscal years 7 2019 through 2023 is submitted to the Committees on Ap8 propriations of the Senate and the House of Representa9 tives pursuant to section 220 of this Act. 10 11 ENVIRONMENTAL COMPLIANCE AND RESTORATION For necessary expenses to carry out the environ- 12 mental compliance and restoration functions of the Coast 13 Guard under chapter 19 of title 14, United States Code, 14 $13,397,000, to remain available until September 30, 15 2022. 16 17 RESERVE TRAINING For necessary expenses of the Coast Guard Reserve; 18 operations and maintenance of the Coast Guard Reserve 19 Program; personnel and training costs; and equipment 20 and services; $114,875,000. 21 22 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Coast Guard for acqui- 23 sition, construction, renovation, and improvement of aids 24 to navigation, shore facilities (including facilities at De25 partment of Defense installations used by the Coast March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 658 1 Guard), vessels, and aircraft, including equipment related 2 thereto, $2,694,745,000; of which $20,000,000 shall be 3 derived from the Oil Spill Liability Trust Fund to carry 4 out the purposes of section 1012(a)(5) of the Oil Pollution 5 Act of 1990 (33 U.S.C. 2712(a)(5)); and of which 6 $2,573,000,000 shall be available until September 30, 7 2022, of which $95,000,000 shall be immediately available 8 and allotted to contract for long lead time materials for 9 the eleventh National Security Cutter notwithstanding the 10 availability of funds for production or post-production 11 costs. 12 13 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION For necessary expenses of the Coast Guard for re- 14 search, development, test, and evaluation; and for mainte15 nance, rehabilitation, lease, and operation of facilities and 16 equipment; $29,141,000, to remain available until Sep17 tember 30, 2020, of which $500,000 shall be derived from 18 the Oil Spill Liability Trust Fund to carry out the pur19 poses of section 1012(a)(5) of the Oil Pollution Act of 20 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may 21 be credited to and used for the purposes of this appropria22 tion funds received from State and local governments, 23 other public authorities, private sources, and foreign coun24 tries for expenses incurred for research, development, test25 ing, and evaluation. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 659 1 2 RETIRED PAY For retired pay, including the payment of obligations 3 otherwise chargeable to lapsed appropriations for this pur4 pose, payments under the Retired Serviceman’s Family 5 Protection and Survivor Benefits Plans, payment for ca6 reer status bonuses, payment of continuation pay under 7 section 356 of title 37, United States Code, concurrent 8 receipts, combat-related special compensation, and pay9 ments for medical care of retired personnel and their de10 pendents under chapter 55 of title 10, United States Code, 11 $1,676,117,000, to remain available until expended. 12 UNITED STATES SECRET SERVICE 13 OPERATIONS AND SUPPORT 14 For necessary expenses of the United States Secret 15 Service for operations and support, including purchase of 16 not to exceed 652 vehicles for police-type use for replace17 ment only; hire of passenger motor vehicles; purchase of 18 motorcycles made in the United States; hire of aircraft; 19 rental of buildings in the District of Columbia; fencing, 20 lighting, guard booths, and other facilities on private or 21 other property not in Government ownership or control, 22 as may be necessary to perform protective functions; con23 duct of and participation in firearms matches; presen24 tation of awards; conduct of behavioral research in sup25 port of protective intelligence and operations; payment in March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 660 1 advance for commercial accommodations as may be nec2 essary to perform protective functions; and payment, with3 out regard to section 5702 of title 5, United States Code, 4 of subsistence expenses of employees who are on protective 5 missions, whether at or away from their duty stations; 6 $1,915,794,000; of which $39,692,000 shall remain avail7 able until September 30, 2019, of which $6,000,000 shall 8 be for a grant for activities related to investigations of 9 missing and exploited children; and of which $9,866,000 10 shall be for premium pay in excess of the annual equiva11 lent of the limitation on the rate of pay contained in sec12 tion 5547(a) of title 5, United States Code, pursuant to 13 section 2 of the Overtime Pay for Protective Services Act 14 of 2016 (5 U.S.C. 5547 note), as amended by the Secret 15 Service Recruitment and Retention Act of 2018: Provided, 16 That not to exceed $19,125 shall be for official reception 17 and representation expenses: Provided further, That not 18 to exceed $100,000 shall be to provide technical assistance 19 and equipment to foreign law enforcement organizations 20 in counterfeit investigations. 21 22 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the United States Secret 23 Service for procurement, construction, and improvements, 24 $90,480,000, to remain available until September 30, 25 2020. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 661 1 2 RESEARCH AND DEVELOPMENT For necessary expenses of the United States Secret 3 Service for research and development, $250,000, to re4 main available until September 30, 2019. 5 6 ADMINISTRATIVE PROVISIONS SEC. 201. (a) For fiscal year 2018, the overtime limi- 7 tation prescribed in section 5(c)(1) of the Act of February 8 13, 1911 (19 U.S.C. 267(c)(1)) shall be $45,000; and not9 withstanding any other provision of law, none of the funds 10 appropriated by this Act shall be available to compensate 11 any employee of U.S. Customs and Border Protection for 12 overtime, from whatever source, in an amount that ex13 ceeds such limitation, except in individual cases deter14 mined by the Secretary of Homeland Security, or the des15 ignee of the Secretary, to be necessary for national secu16 rity purposes, to prevent excessive costs, or in cases of 17 immigration emergencies. 18 (b) None of the funds made available by this Act for 19 the following accounts shall be available to compensate 20 any employee for overtime in an annual amount in excess 21 of $45,000: 22 (1) ‘‘U.S. Immigration and Customs Enforce- 23 ment—Operations and Support’’, except that the 24 Secretary of Homeland Security, or the designee of 25 the Secretary, may waive such amount as necessary March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 662 1 for national security purposes and in cases of immi- 2 gration emergencies. 3 (2) ‘‘United States Secret Service—Operations 4 and Support’’, except that the Secretary of Home- 5 land Security, or the designee of the Secretary, may 6 waive such amount as necessary for national security 7 purposes. 8 SEC. 202. Funding made available under the heading 9 ‘‘U.S. Customs and Border Protection—Operations and 10 Support’’ and ‘‘U.S. Customs and Border Protection— 11 Procurement, Construction, and Improvements’’ shall be 12 available for customs expenses when necessary to maintain 13 operations and prevent adverse personnel actions in Puer14 to Rico in addition to funding provided by 48 U.S.C. 740. 15 SEC. 203. Hereafter, no U.S. Customs and Border 16 Protection aircraft or other related equipment, with the 17 exception of aircraft that are one of a kind and have been 18 identified as excess to U.S. Customs and Border Protec19 tion requirements and aircraft that have been damaged 20 beyond repair, shall be transferred to any other Federal 21 agency, department, or office outside of the Department 22 of Homeland Security without prior notice to the Commit23 tees on Appropriations of the Senate and the House of 24 Representatives. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 663 1 SEC. 204. As authorized by section 601(b) of the 2 United States-Colombia Trade Promotion Agreement Im3 plementation Act (Public Law 112–42), fees collected 4 from passengers arriving from Canada, Mexico, or an ad5 jacent island pursuant to section 13031(a)(5) of the Con6 solidated Omnibus Budget Reconciliation Act of 1985 (19 7 U.S.C. 58c(a)(5)) shall be available until expended. 8 SEC. 205. For an additional amount for ‘‘U.S. Cus- 9 toms and Border Protection—Operations and Support’’, 10 $31,000,000, to remain available until expended, to be re11 duced by amounts collected and credited to this appropria12 tion in fiscal year 2018 from amounts authorized to be 13 collected by section 286(i) of the Immigration and Nation14 ality Act (8 U.S.C. 1356(i)), section 10412 of the Farm 15 Security and Rural Investment Act of 2002 (7 U.S.C. 16 8311), and section 817 of the Trade Facilitation and 17 Trade Enforcement Act of 2015 (Public Law 114–25), or 18 other such authorizing language: Provided, That to the ex19 tent that amounts realized from such collections exceed 20 $31,000,000, those amounts in excess of $31,000,000 21 shall be credited to this appropriation, to remain available 22 until expended. 23 SEC. 206. None of the funds made available in this 24 Act for U.S. Customs and Border Protection may be used 25 to prevent an individual not in the business of importing March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 664 1 a prescription drug (within the meaning of section 801(g) 2 of the Federal Food, Drug, and Cosmetic Act) from im3 porting a prescription drug from Canada that complies 4 with the Federal Food, Drug, and Cosmetic Act: Provided, 5 That this section shall apply only to individuals trans6 porting on their person a personal-use quantity of the pre7 scription drug, not to exceed a 90-day supply: Provided 8 further, That the prescription drug may not be— 9 (1) a controlled substance, as defined in section 10 102 of the Controlled Substances Act (21 U.S.C. 11 802); or 12 (2) a biological product, as defined in section 13 351 of the Public Health Service Act (42 U.S.C. 14 262). 15 SEC. 207. Notwithstanding any other provision of 16 law, none of the funds provided in this or any other Act 17 shall be used to approve a waiver of the navigation and 18 vessel-inspection laws pursuant to section 501(b) of title 19 46, United States Code, for the transportation of crude 20 oil distributed from and to the Strategic Petroleum Re21 serve until the Secretary of Homeland Security, after con22 sultation with the Secretaries of the Departments of En23 ergy and Transportation and representatives from the 24 United States flag maritime industry, takes adequate 25 measures to ensure the use of United States flag vessels: March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 665 1 Provided, That the Secretary shall notify the Committees 2 on Appropriations of the Senate and the House of Rep3 resentatives, the Committee on Commerce, Science, and 4 Transportation of the Senate, and the Committee on 5 Transportation and Infrastructure of the House of Rep6 resentatives within 2 business days of any request for 7 waivers of navigation and vessel-inspection laws pursuant 8 to section 501(b) of title 46, United States Code, with re9 spect to such transportation, and the disposition of such 10 requests. 11 SEC. 208. (a) Beginning on the date of enactment 12 of this Act, the Secretary of Homeland Security shall 13 not— 14 (1) establish, collect, or otherwise impose any 15 new border crossing fee on individuals crossing the 16 Southern border or the Northern border at a land 17 port of entry; or 18 (2) conduct any study relating to the imposition 19 of a border crossing fee. 20 (b) In this section, the term ‘‘border crossing fee’’ 21 means a fee that every pedestrian, cyclist, and driver and 22 passenger of a private motor vehicle is required to pay 23 for the privilege of crossing the Southern border or the 24 Northern border at a land port of entry. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 666 1 SEC. 209. Without regard to the limitation as to time 2 and condition of section 503(d) of this Act, the Secretary 3 may reprogram within and transfer funds to ‘‘U.S. Immi4 gration and Customs Enforcement—Operations and Sup5 port’’ as necessary to ensure the detention of aliens 6 prioritized for removal. 7 SEC. 210. None of the funds provided under the 8 heading ‘‘U.S. Immigration and Customs Enforcement— 9 Operations and Support’’ may be used to continue a dele10 gation of law enforcement authority authorized under sec11 tion 287(g) of the Immigration and Nationality Act (8 12 U.S.C. 1357(g)) if the Department of Homeland Security 13 Inspector General determines that the terms of the agree14 ment governing the delegation of authority have been ma15 terially violated. 16 SEC. 211. None of the funds provided under the 17 heading ‘‘U.S. Immigration and Customs Enforcement— 18 Operations and Support’’ may be used to continue any 19 contract for the provision of detention services if the two 20 most recent overall performance evaluations received by 21 the contracted facility are less than ‘‘adequate’’ or the 22 equivalent median score in any subsequent performance 23 evaluation system. 24 SEC. 212. The Secretary of Homeland Security shall 25 submit a report to the Committees on Appropriations of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 667 1 the Senate and the House of Representatives that (a) 2 identifies any instance during fiscal year 2017 or 2018 3 in which payments have been made by U.S. Immigration 4 and Customs Enforcement, or employees of U.S. Immigra5 tion and Customs Enforcement have erroneously entered 6 into financial obligations, for activities in violation of sub7 part D of part 550 of title 5, Code of Federal Regulations; 8 (b) includes specific actions the Office of the Chief Finan9 cial Officer and the Office of the Principal Legal Advisor 10 will take to improve agency-wide understanding of such 11 subpart D; and (c) includes a certification by the Director 12 of U.S. Immigration and Customs Enforcement that the 13 Office of the Chief Financial Officer and the Office of the 14 Principal Legal Advisor have developed a plan and imple15 mented training necessary for strengthening internal con16 trols necessary to avoid violations of such subpart D. 17 SEC. 213. (a) Notwithstanding any other provision 18 of law, for employees of U.S. Immigration and Customs 19 Enforcement and their dependents eligible for Payments 20 During Evacuation in accordance with title 5, Code of 21 Federal Regulations, part 550, from August 23, 2017, 22 through December 1, 2017, as a result of Hurricanes Har23 vey, Irma, and Maria, the requirement of section 24 550.405(b)(2) of such title to reduce subsistence expenses 25 to 60 percent of the applicable rate shall not apply. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 668 1 (b) The Secretary of Homeland Security may author- 2 ize reimbursement for lodging, meals, and incidental ex3 penses for such employees and their dependents using the 4 actual expense method set forth in subpart D of part 301– 5 11 of title 41, Code of Federal Regulations, subject to the 6 cap of 300 percent of the applicable maximum per diem 7 rate, as provided in such section. 8 SEC. 214. Members of the United States House of 9 Representatives and the United States Senate, including 10 the leadership; the heads of Federal agencies and commis11 sions, including the Secretary, Deputy Secretary, Under 12 Secretaries, and Assistant Secretaries of the Department 13 of Homeland Security; the United States Attorney Gen14 eral, Deputy Attorney General, Assistant Attorneys Gen15 eral, and the United States Attorneys; and senior mem16 bers of the Executive Office of the President, including 17 the Director of the Office of Management and Budget, 18 shall not be exempt from Federal passenger and baggage 19 screening. 20 SEC. 215. Any award by the Transportation Security 21 Administration to deploy explosives detection systems 22 shall be based on risk, the airport’s current reliance on 23 other screening solutions, lobby congestion resulting in in24 creased security concerns, high injury rates, airport readi25 ness, and increased cost effectiveness. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 669 1 SEC. 216. Notwithstanding section 44923 of title 49, 2 United States Code, for fiscal year 2018, any funds in 3 the Aviation Security Capital Fund established by section 4 44923(h) of title 49, United States Code, may be used 5 for the procurement and installation of explosives detec6 tion systems or for the issuance of other transaction agree7 ments for the purpose of funding projects described in sec8 tion 44923(a) of such title. 9 SEC. 217. None of the funds made available by this 10 or any other Act may be used by the Administrator of 11 the Transportation Security Administration to implement, 12 administer, or enforce, in abrogation of the responsibility 13 described in section 44903(n)(1) of title 49, United States 14 Code, any requirement that airport operators provide air15 port-financed staffing to monitor exit points from the ster16 ile area of any airport at which the Transportation Secu17 rity Administration provided such monitoring as of De18 cember 1, 2013. 19 SEC. 218. None of the funds made available by this 20 Act under the heading ‘‘Coast Guard—Operating Ex21 penses’’ shall be for expenses incurred for recreational ves22 sels under section 12114 of title 46, United States Code, 23 except to the extent fees are collected from owners of 24 yachts and credited to the appropriation made available 25 by this Act under the heading ‘‘Coast Guard—Operating March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 670 1 Expenses’’: Provided, That to the extent such fees are in2 sufficient to pay expenses of recreational vessel docu3 mentation under such section 12114, and there is a back4 log of recreational vessel applications, personnel per5 forming non-recreational vessel documentation functions 6 under subchapter II of chapter 121 of title 46, United 7 States Code, may perform documentation under section 8 12114. 9 SEC. 219. Without regard to the limitation as to time 10 and condition of section 503(d) of this Act, after June 11 30, up to $10,000,000 may be reprogrammed to or from 12 the Military Pay and Allowances funding category within 13 ‘‘Coast Guard—Operating Expenses’’ in accordance with 14 subsection (a) of section 503 of this Act. 15 SEC. 220. Notwithstanding any other provision of 16 law, the Commandant of the Coast Guard shall submit 17 to the Committees on Appropriations of the Senate and 18 the House of Representatives a future-years capital invest19 ment plan as described in the second proviso under the 20 heading ‘‘Coast Guard—Acquisition, Construction, and 21 Improvements’’ in the Department of Homeland Security 22 Appropriations Act, 2015 (Public Law 114–4), which shall 23 be subject to the requirements in the third and fourth pro24 visos under such heading. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 671 1 SEC. 221. None of the funds in this Act shall be used 2 to reduce the Coast Guard’s Operations Systems Center 3 mission or its government-employed or contract staff lev4 els. 5 SEC. 222. None of the funds appropriated by this Act 6 may be used to conduct, or to implement the results of, 7 a competition under Office of Management and Budget 8 Circular A–76 for activities performed with respect to the 9 Coast Guard National Vessel Documentation Center. 10 SEC. 223. Funds made available in this Act may be 11 used to alter operations within the Civil Engineering Pro12 gram of the Coast Guard nationwide, including civil engi13 neering units, facilities design and construction centers, 14 maintenance and logistics commands, and the Coast 15 Guard Academy, except that none of the funds provided 16 in this Act may be used to reduce operations within any 17 civil engineering unit unless specifically authorized by a 18 statute enacted after the date of enactment of this Act. 19 SEC. 224. Funds made available for Overseas Contin- 20 gency Operations/Global War on Terrorism under the 21 heading ‘‘Coast Guard—Operating Expenses’’ may be al22 located by program, project, and activity, notwithstanding 23 section 503 of this Act. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 672 1 SEC. 225. Section 423 of title 14, United States 2 Code, is amended by inserting after subsection (c) the fol3 lowing: 4 ‘‘(d) In addition to amounts computed pursuant to 5 subsections (a) through (c) of this section, a full TSP 6 member (as defined in section 8440e(a) of title 5) of the 7 Coast Guard is entitled to continuation pay pursuant to 8 section 356 of title 37.’’. 9 SEC. 226. The United States Secret Service is au- 10 thorized to obligate funds in anticipation of reimburse11 ments from Federal agencies and entities, as defined in 12 section 105 of title 5, United States Code, for personnel 13 receiving training sponsored by the James J. Rowley 14 Training Center, except that total obligations at the end 15 of the fiscal year shall not exceed total budgetary re16 sources available under the heading ‘‘United States Secret 17 Service—Operations and Support’’ at the end of the fiscal 18 year. 19 SEC. 227. None of the funds made available to the 20 United States Secret Service by this Act or by previous 21 appropriations Acts may be made available for the protec22 tion of the head of a Federal agency other than the Sec23 retary of Homeland Security: Provided, That the Director 24 of the United States Secret Service may enter into agree- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 673 1 ments to provide such protection on a fully reimbursable 2 basis. 3 SEC. 228. For purposes of section 503(a)(3) of this 4 Act, up to $15,000,000 may be reprogrammed within 5 ‘‘United States Secret Service—Operations and Support’’. 6 SEC. 229. Funding made available in this Act for 7 ‘‘United States Secret Service—Operations and Support’’ 8 is available for travel of United States Secret Service em9 ployees on protective missions without regard to the limi10 tations on such expenditures in this or any other Act if 11 the Director of the United States Secret Service or a des12 ignee notifies the Committees on Appropriations of the 13 Senate and the House of Representatives 10 or more days 14 in advance, or as early as practicable, prior to such ex15 penditures. 16 SEC. 230. (a) Of the amount made available in this 17 Act under ‘‘U.S. Customs and Border Protection—Pro18 curement, Construction, and Improvements’’, 19 $1,571,000,000 shall be available only as follows: 20 (1) $251,000,000 for approximately 14 miles of 21 secondary fencing, all of which provides for cross- 22 barrier visual situational awareness, along the south- 23 west border in the San Diego Sector; March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 674 1 (2) $445,000,000 for 25 miles of primary pe- 2 destrian levee fencing along the southwest border in 3 the Rio Grande Valley Sector; 4 (3) $196,000,000 for primary pedestrian fenc- 5 ing along the southwest border in the Rio Grande 6 Valley Sector; 7 (4) $445,000,000 for replacement of existing 8 primary pedestrian fencing along the southwest bor- 9 der; 10 11 12 (5) $38,000,000 for border barrier planning and design; and (6) $196,000,000 for acquisition and deploy- 13 ment of border security technology. 14 (b) The amounts designated in subsection (a)(2) 15 through (a)(4) shall only be available for operationally ef16 fective designs deployed as of the date of the Consolidated 17 Appropriations Act, 2017, (Public Law 115–31), such as 18 currently deployed steel bollard designs, that prioritize 19 agent safety. 20 (c) None of the funds provided in this or any other 21 Act shall be obligated for construction of a border barrier 22 in the Santa Ana National Wildlife Refuge. 23 SEC. 231. (a) Not later than 180 days after the date 24 of the enactment of this Act, the Secretary shall submit 25 to the Committees on Appropriations of the Senate and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 675 1 the House of Representatives a risk-based plan for im2 proving security along the borders of the United States, 3 including the use of personnel, fencing, other forms of tac4 tical infrastructure, and technology, to include— 5 6 (1) A statement of goals, objectives, activities, and milestones for the plan. 7 (2) A detailed implementation schedule for the 8 plan with estimates for the planned obligation of 9 funds for fiscal years 2019 through 2027 that are 10 linked to the milestone-based delivery of specific— 11 (A) capabilities and services; 12 (B) mission benefits and outcomes; 13 (C) program management capabilities; and 14 (D) lifecycle cost estimates. 15 (3) A description of the manner in which spe- 16 cific projects under the plan will enhance border se- 17 curity goals and objectives and address the highest 18 priority border security needs. 19 (4) An identification of the planned locations, 20 quantities, and types of resources, such as fencing, 21 other physical barriers, or other tactical infrastruc- 22 ture and technology, under the plan. 23 (5) A description of the methodology and anal- 24 yses used to select specific resources for deployment March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 676 1 to particular locations under the plan that in- 2 cludes— 3 4 (A) analyses of alternatives, including comparative costs and benefits; 5 (B) an assessment of effects on commu- 6 nities and property owners near areas of infra- 7 structure deployment; and 8 9 (C) a description of other factors critical to the decision-making process. 10 (6) An identification of staffing requirements 11 under the plan, including full-time equivalents, con- 12 tractors, and detailed personnel, by activity. 13 (7) A description of performance metrics for 14 the plan for assessing and reporting on the contribu- 15 tions of border security capabilities realized from 16 current and future investments. 17 (8) A description of the status of the actions of 18 the Department of Homeland Security to address 19 open recommendations by the Office of Inspector 20 General and the Government Accountability Office 21 relating to border security, including plans, sched- 22 ules, and associated milestones for fully addressing 23 such recommendations. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 677 1 (9) A plan to consult State and local elected of- 2 ficials on the eminent domain and construction proc- 3 ess relating to physical barriers; 4 (10) An analysis, following consultation with 5 the Secretary of the Interior and the Administrator 6 of the Environmental Protection Agency, of the envi- 7 ronmental impacts, including on wildlife, of the con- 8 struction and placement of physical barriers planned 9 along the Southwest border, including in the Santa 10 11 12 Ana National Wildlife Refuge; and (11) Certifications by the Under Secretary of Homeland Security for Management, that— 13 (A) the plan has been reviewed and ap- 14 proved in accordance with an acquisition review 15 management process that complies with capital 16 planning and investment control and review re- 17 quirements established by the Office of Manage- 18 ment and Budget, including as provided in Cir- 19 cular A–11, part 7; and 20 (B) all activities under the plan comply 21 with Federal acquisition rules, requirements, 22 guidelines, and practices. 23 (b) The Secretary shall concurrently submit the plan 24 required in subsection (a) to the Comptroller General of 25 the United States, who shall evaluate the plan and report March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 678 1 to the Committees on Appropriations of the Senate and 2 the House of Representatives on the strengths and weak3 nesses of such plan not later than 120 days after receiving 4 such plan. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 679 1 TITLE III 2 PROTECTION, PREPAREDNESS, RESPONSE, AND 3 4 RECOVERY NATIONAL PROTECTION 5 6 AND PROGRAMS DIRECTORATE OPERATIONS AND SUPPORT For necessary expenses of the National Protection 7 and Programs Directorate for operations and support, 8 $1,482,165,000, of which $8,912,000 shall remain avail9 able until September 30, 2019: Provided, That not to ex10 ceed $3,825 shall be for official reception and representa11 tion expenses. 12 13 FEDERAL PROTECTIVE SERVICE The revenues and collections of security fees credited 14 to this account shall be available until expended for nec15 essary expenses related to the protection of federally 16 owned and leased buildings and for the operations of the 17 Federal Protective Service. 18 19 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the National Protection 20 and Programs Directorate for procurement, construction, 21 and improvements, $414,111,000, to remain available 22 until September 30, 2019. 23 24 RESEARCH AND DEVELOPMENT For necessary expenses of the National Protection 25 and Programs Directorate for research and development, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 680 1 $15,126,000, to remain available until September 30, 2 2019. 3 OFFICE 4 5 OF HEALTH AFFAIRS OPERATIONS AND SUPPORT For necessary expenses of the Office of Health Af- 6 fairs for operations and support, $121,569,000, of which 7 $14,020,000 shall remain available until September 30, 8 2019. 9 FEDERAL EMERGENCY MANAGEMENT AGENCY 10 11 OPERATIONS AND SUPPORT For necessary expenses of the Federal Emergency 12 Management Agency for operations and support, 13 $1,030,135,000: Provided, That not to exceed $2,250 14 shall be for official reception and representation expenses. 15 16 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Federal Emergency 17 Management Agency for procurement, construction, and 18 improvements, $85,276,000, to remain available until Sep19 tember 30, 2019. 20 21 FEDERAL ASSISTANCE For activities of the Federal Emergency Management 22 Agency for Federal assistance through grants, contracts, 23 cooperative agreements, and other activities, 24 $3,293,932,000, which shall be allocated as follows: March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 681 1 (1) $507,000,000 for the State Homeland Secu- 2 rity Grant Program under section 2004 of the 3 Homeland Security Act of 2002 (6 U.S.C. 605), of 4 which 5 Stonegarden, and $10,000,000 shall be for organiza- 6 tions (as described under section 501(c)(3) of the 7 Internal Revenue Code of 1986 and exempt from tax 8 under such 501(a) of such code) determined by the 9 Secretary of Homeland Security to be at high risk 10 of a terrorist attack: Provided, That notwithstanding 11 subsection (c)(4) of such section 2004, for fiscal 12 year 2018, the Commonwealth of Puerto Rico shall 13 make available to local and tribal governments 14 amounts provided to the Commonwealth of Puerto 15 Rico under this paragraph in accordance with sub- 16 section (c)(1) of such section 2004. $85,000,000 shall be for Operation 17 (2) $630,000,000 for the Urban Area Security 18 Initiative under section 2003 of the Homeland Secu- 19 rity Act of 2002 (6 U.S.C. 604), of which 20 $50,000,000 shall be for organizations (as described 21 under section 501(c)(3) of the Internal Revenue 22 Code of 1986 and exempt from tax under section 23 501(a) of such code) determined by the Secretary of 24 Homeland Security to be at high risk of a terrorist 25 attack. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 682 1 (3) $100,000,000 for Public Transportation Se- 2 curity Assistance, Railroad Security Assistance, and 3 Over-the-Road Bus Security Assistance under sec- 4 tions 1406, 1513, and 1532 of the Implementing 5 Recommendations of the 9/11 Commission Act of 6 2007 (6 U.S.C. 1135, 1163, and 1182), of which 7 $10,000,000 shall be for Amtrak security and 8 $2,000,000 shall be for Over-the-Road Bus Security: 9 Provided, That such public transportation security 10 assistance shall be provided directly to public trans- 11 portation agencies. 12 (4) $100,000,000 for Port Security Grants in 13 accordance with section 70107 of title 46, United 14 States Code. 15 (5) $700,000,000, to remain available until 16 September 30, 2019, of which $350,000,000 shall be 17 for 18 $350,000,000 shall be for Staffing for Adequate 19 Fire and Emergency Response Grants under sec- 20 tions 33 and 34 respectively of the Federal Fire Pre- 21 vention and Control Act of 1974 (15 U.S.C. 2229 22 and 2229a). Assistance to Firefighter Grants and 23 (6) $350,000,000 for emergency management 24 performance grants under the National Flood Insur- 25 ance Act of 1968 (42 U.S.C. 4001), the Robert T. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 683 1 Stafford Disaster Relief and Emergency Assistance 2 Act (42 U.S.C. 5121), the Earthquake Hazards Re- 3 duction Act of 1977 (42 U.S.C. 7701), section 762 4 of title 6, United States Code, and Reorganization 5 Plan No. 3 of 1978 (5 U.S.C. App.). 6 (7) $249,200,000 for the National Predisaster 7 Mitigation Fund under section 203 of the Robert T. 8 Stafford Disaster Relief and Emergency Assistance 9 Act (42 U.S.C. 5133), to remain available until ex- 10 pended. 11 (8) $262,531,000 for necessary expenses for 12 Flood Hazard Mapping and Risk Analysis, in addi- 13 tion to and to supplement any other sums appro- 14 priated under the National Flood Insurance Fund, 15 and such additional sums as may be provided by 16 States or other political subdivisions for cost-shared 17 mapping activities under section 1360(f)(2) of the 18 National Flood Insurance Act of 1968 (42 U.S.C. 19 4101(f)(2)), to remain available until expended. 20 (9) $120,000,000 for the emergency food and 21 shelter program under title III of the McKinney- 22 Vento Homeless Assistance Act (42 U.S.C. 11331), 23 to remain available until expended: Provided, That 24 not to exceed 3.5 percent shall be for total adminis- 25 trative costs. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 684 1 (10) $275,201,000 to sustain current oper- 2 ations for training, exercises, technical assistance, 3 and other programs. 4 5 DISASTER RELIEF FUND For necessary expenses in carrying out the Robert 6 T. Stafford Disaster Relief and Emergency Assistance Act 7 (42 U.S.C. 5121 et seq.), $7,900,720,000, to remain avail8 able until expended, of which $7,366,000,000 shall be for 9 major disasters declared pursuant to the Robert T. Staf10 ford Disaster Relief and Emergency Assistance Act (42 11 U.S.C. 5121 et seq.) and is designated by the Congress 12 as being for disaster relief pursuant to section 13 251(b)(2)(D) of the Balanced Budget and Emergency 14 Deficit Control Act of 1985. 15 16 NATIONAL FLOOD INSURANCE FUND For activities under the National Flood Insurance 17 Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster 18 Protection Act of 1973 (42 U.S.C. 4001 et seq.), the 19 Biggert-Waters Flood Insurance Reform Act of 2012 20 (Public Law 112–141, 126 Stat. 916), and the Home21 owner Flood Insurance Affordability Act of 2014 (Public 22 Law 113–89; 128 Stat. 1020), $203,500,000, to remain 23 available until September 30, 2019, which shall be derived 24 from offsetting amounts collected under section 1308(d) 25 of the National Flood Insurance Act of 1968 (42 U.S.C. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 685 1 4015(d)); of which $13,573,000 shall be available for mis2 sion support associated with flood management; and of 3 which $189,927,000 shall be available for flood plain man4 agement and flood mapping: Provided, That any addi5 tional fees collected pursuant to section 1308(d) of the 6 National Flood Insurance Act of 1968 (42 U.S.C. 7 4015(d)) shall be credited as offsetting collections to this 8 account, to be available for flood plain management and 9 flood mapping: Provided further, That in fiscal year 2018, 10 no funds shall be available from the National Flood Insur11 ance Fund under section 1310 of the National Flood In12 surance Act of 1968 (42 U.S.C. 4017) in excess of— 13 (1) $165,224,000 for operating expenses and 14 salaries and expenses associated with flood insurance 15 operations; 16 17 18 19 (2) $1,123,000,000 for commissions and taxes of agents; (3) such sums as are necessary for interest on Treasury borrowings; and 20 (4) $175,000,000, which shall remain available 21 until expended, for flood mitigation actions and for 22 flood mitigation assistance under section 1366 of the 23 National Flood Insurance Act of 1968 (42 U.S.C. 24 4104c), 25 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): March 21, 2018 (6:08 p.m.) notwithstanding sections 1366(e) and U:\2018REPT\OMNI\Final\RCP—FM.xml 686 1 Provided further, That the amounts collected under section 2 102 of the Flood Disaster Protection Act of 1973 (42 3 U.S.C. 4012a) and section 1366(e) of the National Flood 4 Insurance Act of 1968 shall be deposited in the National 5 Flood Insurance Fund to supplement other amounts speci6 fied as available for section 1366 of the National Flood 7 Insurance Act of 1968, notwithstanding section 102(f)(8), 8 section 1366(e), and paragraphs (1) through (3) of section 9 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e), 10 4104d(b)(1)–(3)): Provided further, That total administra11 tive costs shall not exceed 4 percent of the total appropria12 tion: Provided further, That up to $5,000,000 is available 13 to carry out section 24 of the Homeowner Flood Insurance 14 Affordability Act of 2014 (42 U.S.C. 4033). 15 16 ADMINISTRATIVE PROVISIONS SEC. 301. Notwithstanding section 2008(a)(12) of 17 the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) 18 or any other provision of law, not more than 5 percent 19 of the amount of a grant made available in paragraphs 20 (1) through (4) under ‘‘Federal Emergency Management 21 Agency—Federal Assistance’’, may be used by the grantee 22 for expenses directly related to administration of the 23 grant. 24 SEC. 302. Applications for grants under the heading 25 ‘‘Federal Emergency Management Agency—Federal As- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 687 1 sistance’’, for paragraphs (1) through (4), shall be made 2 available to eligible applicants not later than 60 days after 3 the date of enactment of this Act, eligible applicants shall 4 submit applications not later than 80 days after the grant 5 announcement, and the Administrator of the Federal 6 Emergency Management Agency shall act within 65 days 7 after the receipt of an application. 8 SEC. 303. Under the heading ‘‘Federal Emergency 9 Management Agency—Federal Assistance’’, for grants 10 under paragraphs (1) through (4), the Administrator of 11 the Federal Emergency Management Agency shall brief 12 the Committees on Appropriations of the Senate and the 13 House of Representatives 5 full business days in advance 14 of announcing publicly the intention of making an award. 15 SEC. 304. Under the heading ‘‘Federal Emergency 16 Management Agency—Federal Assistance’’, for grants 17 under paragraphs (1) and (2), the installation of commu18 nications towers is not considered construction of a build19 ing or other physical facility. 20 SEC. 305. Notwithstanding any other provision of 21 law, grants awarded to States along the Southwest Border 22 of the United States under sections 2003 or 2004 of the 23 Homeland Security Act of 2002 (6 U.S.C. 604 and 605) 24 using funds provided under the heading ‘‘Federal Emer25 gency Management Agency—Federal Assistance’’ for March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 688 1 grants under paragraph (1) in this Act, or under the head2 ing ‘‘Federal Emergency Management Agency—State and 3 Local Programs’’ in Public Law 114–4, division F of Pub4 lic Law 113–76, or division D of Public Law 113–6 may 5 be used by recipients or sub-recipients for costs, or reim6 bursement of costs, related to providing humanitarian re7 lief to unaccompanied alien children and alien adults ac8 companied by an alien minor where they are encountered 9 after entering the United States, provided that such costs 10 were incurred between January 1, 2014, and December 11 31, 2014, or during the award period of performance. 12 SEC. 306. The reporting requirements in paragraphs 13 (1) and (2) under the heading ‘‘Federal Emergency Man14 agement Agency—Disaster Relief Fund’’ in the Depart15 ment of Homeland Security Appropriations Act, 2015 16 (Public Law 114–4) shall be applied in fiscal year 2018 17 with respect to budget year 2019 and current fiscal year 18 2018, respectively— 19 20 21 (1) in paragraph (1) by substituting ‘‘fiscal year 2019’’ for ‘‘fiscal year 2016’’; and (2) in paragraph (2) by inserting ‘‘business’’ 22 after ‘‘fifth’’. 23 SEC. 307. In making grants under the heading ‘‘Fire- 24 fighter Assistance Grants’’, the Secretary may grant waiv25 ers from the requirements in subsections (a)(1)(A), March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 689 1 (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 2 34 of the Federal Fire Prevention and Control Act of 1974 3 (15 U.S.C. 2229a). 4 SEC. 308. The aggregate charges assessed during fis- 5 cal year 2018, as authorized in title III of the Depart6 ments of Veterans Affairs and Housing and Urban Devel7 opment, and Independent Agencies Appropriations Act, 8 1999 (42 U.S.C. 5196e), shall not be less than 100 per9 cent of the amounts anticipated by the Department of 10 Homeland Security to be necessary for its Radiological 11 Emergency Preparedness Program for the next fiscal year: 12 Provided, That the methodology for assessment and collec13 tion of fees shall be fair and equitable and shall reflect 14 costs of providing such services, including administrative 15 costs of collecting such fees: Provided further, That such 16 fees shall be deposited in a Radiological Emergency Pre17 paredness Program account as offsetting collections and 18 will become available for authorized purposes on October 19 1, 2018, and remain available until expended. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 690 1 TITLE IV 2 RESEARCH, DEVELOPMENT, TRAINING, AND 3 SERVICES 4 5 6 U.S. CITIZENSHIP AND IMMIGRATION SERVICES OPERATIONS AND SUPPORT For necessary expenses of U.S. Citizenship and Im- 7 migration Services for operations and support of the E8 Verify Program, $108,856,000. 9 10 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of U.S. Citizenship and Im- 11 migration Services for procurement, construction, and im12 provements of the E-Verify Program, $22,657,000, to re13 main available until September 30, 2020. 14 FEDERAL LAW ENFORCEMENT TRAINING CENTERS 15 OPERATIONS AND SUPPORT 16 For necessary expenses of the Federal Law Enforce- 17 ment Training Centers for operations and support, includ18 ing the purchase of not to exceed 117 vehicles for police19 type use and hire of passenger motor vehicles, and services 20 as authorized by section 3109 of title 5, United States 21 Code, $254,000,000, of which $62,701,000 shall remain 22 available until September 30, 2019: Provided, That not 23 to exceed $7,180 shall be for official reception and rep24 resentation expenses. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 691 1 SCIENCE 2 3 AND TECHNOLOGY DIRECTORATE OPERATIONS AND SUPPORT For necessary expenses of the Science and Tech- 4 nology Directorate for operations and support, including 5 the purchase or lease of not to exceed 5 vehicles, 6 $331,113,000, of which $196,361,000 shall remain avail7 able until September 30, 2019: Provided, That not to ex8 ceed $7,650 shall be for official reception and representa9 tion expenses. 10 11 RESEARCH AND DEVELOPMENT For necessary expenses of the Science and Tech- 12 nology Directorate for research and development, 13 $509,830,000, to remain available until September 30, 14 2020. 15 DOMESTIC NUCLEAR DETECTION OFFICE 16 OPERATIONS AND SUPPORT 17 For necessary expenses of the Domestic Nuclear De- 18 tection Office for operations and support, $54,664,000: 19 Provided, That not to exceed $2,250 shall be for official 20 reception and representation expenses. 21 22 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For necessary expenses of the Domestic Nuclear De- 23 tection Office for procurement, construction, and improve24 ments, $89,096,000, to remain available until September 25 30, 2020. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 692 1 2 RESEARCH AND DEVELOPMENT For necessary expenses of the Domestic Nuclear De- 3 tection Office for research and development, 4 $145,661,000, to remain available until September 30, 5 2020. 6 7 FEDERAL ASSISTANCE For necessary expenses of the Domestic Nuclear De- 8 tection Office for Federal assistance through grants, con9 tracts, cooperative agreements, and other activities, 10 $46,019,000, to remain available until September 30, 11 2020. 12 13 ADMINISTRATIVE PROVISIONS SEC. 401. Notwithstanding any other provision of 14 law, funds otherwise made available to U.S. Citizenship 15 and Immigration Services may be used to acquire, operate, 16 equip, and dispose of up to 5 vehicles, for replacement 17 only, for areas where the Administrator of General Serv18 ices does not provide vehicles for lease: Provided, That the 19 Director of U.S. Citizenship and Immigration Services 20 may authorize employees who are assigned to those areas 21 to use such vehicles to travel between the employees’ resi22 dences and places of employment. 23 SEC. 402. None of the funds made available in this 24 Act may be used by U.S. Citizenship and Immigration 25 Services to grant an immigration benefit unless the results March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 693 1 of background checks required by law to be completed 2 prior to the granting of the benefit have been received by 3 U.S. Citizenship and Immigration Services, and the re4 sults do not preclude the granting of the benefit. 5 SEC. 403. None of the funds appropriated by this Act 6 may be used to process or approve a competition under 7 Office of Management and Budget Circular A–76 for serv8 ices provided by employees (including employees serving 9 on a temporary or term basis) of U.S. Citizenship and Im10 migration Services of the Department of Homeland Secu11 rity who are known as Immigration Information Officers, 12 Immigration Service Analysts, Contact Representatives, 13 Investigative Assistants, or Immigration Services Officers. 14 SEC. 404. (a) Notwithstanding section 1356(n) of 15 title 8, United States Code, of the funds deposited into 16 the Immigration Examinations Fee Account, up to 17 $10,000,000 may be allocated by U.S. Citizenship and Im18 migration Services in fiscal year 2018 for the purpose of 19 providing an Immigrant Integration grants program. 20 (b) None of the funds made available to U.S. Citizen- 21 ship and Immigration Services for grants for immigrant 22 integration under subsection (a) may be used to provide 23 services to aliens who have not been lawfully admitted for 24 permanent residence. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 694 1 SEC. 405. The Director of the Federal Law Enforce- 2 ment Training Centers is authorized to distribute funds 3 to Federal law enforcement agencies for expenses incurred 4 participating in training accreditation. 5 SEC. 406. The Federal Law Enforcement Training 6 Accreditation Board, including representatives from the 7 Federal law enforcement community and non-Federal ac8 creditation experts involved in law enforcement training, 9 shall lead the Federal law enforcement training accredita10 tion process to continue the implementation of measuring 11 and assessing the quality and effectiveness of Federal law 12 enforcement training programs, facilities, and instructors. 13 SEC. 407. (a) There is to be established a ‘‘Federal 14 Law Enforcement Training Centers—Procurement, Con15 struction, and Improvements’’ appropriations account for 16 planning, operational development, engineering, and pur17 chases prior to sustainment and for information tech18 nology-related procurement, construction, and improve19 ments, including non-tangible assets of the Federal Law 20 Enforcement Training Centers. 21 (b) The Director of the Federal Law Enforcement 22 Training Centers may accept transfers to the account es23 tablished by subsection (a) from Government agencies re24 questing the construction of special use facilities, as au25 thorized by the Economy Act (31 U.S.C. 1535(b)): Pro- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 695 1 vided, That the Federal Law Enforcement Training Cen2 ters maintain administrative control and ownership upon 3 completion of such facilities. 4 SEC. 408. The functions of the Federal Law Enforce- 5 ment Training Centers instructor staff shall be classified 6 as inherently governmental for the purpose of the Federal 7 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 8 note). March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 696 1 TITLE V 2 GENERAL PROVISIONS 3 (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) 4 SEC. 501. No part of any appropriation contained in 5 this Act shall remain available for obligation beyond the 6 current fiscal year unless expressly so provided herein. 7 SEC. 502. Subject to the requirements of section 503 8 of this Act, the unexpended balances of prior appropria9 tions provided for activities in this Act may be transferred 10 to appropriation accounts for such activities established 11 pursuant to this Act, may be merged with funds in the 12 applicable established accounts, and thereafter may be ac13 counted for as one fund for the same time period as origi14 nally enacted. 15 SEC. 503. (a) None of the funds provided by this Act, 16 provided by previous appropriations Acts to the compo17 nents in or transferred to the Department of Homeland 18 Security that remain available for obligation or expendi19 ture in fiscal year 2018, or provided from any accounts 20 in the Treasury of the United States derived by the collec21 tion of fees available to the components funded by this 22 Act, shall be available for obligation or expenditure 23 through a reprogramming of funds that— 24 (1) creates or eliminates a program, project, or 25 activity, or increases funds for any program, project, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 697 1 or activity for which funds have been denied or re- 2 stricted by the Congress; 3 (2) contracts out any function or activity pres- 4 ently performed by Federal employees or any new 5 function or activity proposed to be performed by 6 Federal employees in the President’s budget pro- 7 posal for fiscal year 2018 for the Department of 8 Homeland Security; 9 (3) augments funding for existing programs, 10 projects, or activities in excess of $5,000,000 or 10 11 percent, whichever is less; 12 (4) reduces funding for any program, project, 13 or activity, or numbers of personnel, by 10 percent 14 or more; or 15 (5) results from any general savings from a re- 16 duction in personnel that would result in a change 17 in funding levels for programs, projects, or activities 18 as approved by the Congress. 19 (b) Subsection (a) shall not apply if the Committees 20 on Appropriations of the Senate and the House of Rep21 resentatives are notified at least 15 days in advance of 22 such reprogramming. 23 (c) Up to 5 percent of any appropriation made avail- 24 able for the current fiscal year for the Department of 25 Homeland Security by this Act or provided by previous March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 698 1 appropriations Acts may be transferred between such ap2 propriations if the Committees on Appropriations of the 3 Senate and the House of Representatives are notified at 4 least 30 days in advance of such transfer, but no such 5 appropriation, except as otherwise specifically provided, 6 shall be increased by more than 10 percent by such trans7 fer. 8 (d) Notwithstanding subsections (a), (b), and (c), no 9 funds shall be reprogrammed within or transferred be10 tween appropriations based upon an initial notification 11 provided after June 30, except in extraordinary cir12 cumstances that imminently threaten the safety of human 13 life or the protection of property. 14 (e) The notification thresholds and procedures set 15 forth in subsections (a), (b), (c), and (d) shall apply to 16 any use of deobligated balances of funds provided in pre17 vious Department of Homeland Security Appropriations 18 Acts. 19 (f) Notwithstanding subsection (c), the Secretary of 20 Homeland Security may transfer to the fund established 21 by 8 U.S.C. 1101 note, up to $20,000,000 from appro22 priations available to the Department of Homeland Secu23 rity: Provided, That the Secretary shall notify the Com24 mittees on Appropriations of the Senate and the House March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 699 1 of Representatives at least 5 days in advance of such 2 transfer. 3 SEC. 504. Section 504 of the Department of Home- 4 land Security Appropriations Act, 2017 (division F of 5 Public Law 115–31), related to the operations of a work6 ing capital fund, shall apply with respect to funds made 7 available in this Act in the same manner as such section 8 applied to funds made available in that Act. 9 SEC. 505. Except as otherwise specifically provided 10 by law, not to exceed 50 percent of unobligated balances 11 remaining available at the end of fiscal year 2018, as re12 corded in the financial records at the time of a reprogram13 ming notification, but not later than June 30, 2019, from 14 appropriations for ‘‘Operations and Support’’ and for 15 ‘‘Coast Guard—Operating Expenses’’, and salaries and 16 expenses for ‘‘Coast Guard—Acquisition, Construction, 17 and Improvements’’ and ‘‘Coast Guard—Reserve Train18 ing’’ for fiscal year 2018 in this Act shall remain available 19 through September 30, 2019, in the account and for the 20 purposes for which the appropriations were provided: Pro21 vided, That prior to the obligation of such funds, a notifi22 cation shall be submitted to the Committees on Appropria23 tions of the Senate and the House of Representatives in 24 accordance with section 503 of this Act. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 700 1 SEC. 506. Funds made available by this Act for intel- 2 ligence activities are deemed to be specifically authorized 3 by the Congress for purposes of section 504 of the Na4 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 5 year 2018 until the enactment of an Act authorizing intel6 ligence activities for fiscal year 2018. 7 SEC. 507. (a) The Secretary of Homeland Security, 8 or the designee of the Secretary, shall notify the Commit9 tees on Appropriations of the Senate and the House of 10 Representatives at least 3 full business days in advance 11 of— 12 (1) making or awarding a grant allocation, 13 grant, contract, other transaction agreement, or task 14 or delivery order on a Department of Homeland Se- 15 curity multiple award contract, or to issue a letter 16 of intent totaling in excess of $1,000,000; 17 (2) awarding a task or delivery order requiring 18 an obligation of funds in an amount greater than 19 $10,000,000 from multi-year Department of Home- 20 land Security funds; 21 (3) making a sole-source grant award; or 22 (4) announcing publicly the intention to make 23 or award items under paragraph (1), (2), or (3), in- 24 cluding a contract covered by the Federal Acquisi- 25 tion Regulation. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 701 1 (b) If the Secretary of Homeland Security determines 2 that compliance with this section would pose a substantial 3 risk to human life, health, or safety, an award may be 4 made without notification, and the Secretary shall notify 5 the Committees on Appropriations of the Senate and the 6 House of Representatives not later than 5 full business 7 days after such an award is made or letter issued. 8 9 10 (c) A notification under this section— (1) may not involve funds that are not available for obligation; and 11 (2) shall include the amount of the award; the 12 fiscal year for which the funds for the award were 13 appropriated; the type of contract; and the account 14 from which the funds are being drawn. 15 SEC. 508. Notwithstanding any other provision of 16 law, no agency shall purchase, construct, or lease any ad17 ditional facilities, except within or contiguous to existing 18 locations, to be used for the purpose of conducting Federal 19 law enforcement training without advance notification to 20 the Committees on Appropriations of the Senate and the 21 House of Representatives, except that the Federal Law 22 Enforcement Training Centers is authorized to obtain the 23 temporary use of additional facilities by lease, contract, 24 or other agreement for training that cannot be accommo25 dated in existing Centers facilities. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 702 1 SEC. 509. None of the funds appropriated or other- 2 wise made available by this Act may be used for expenses 3 for any construction, repair, alteration, or acquisition 4 project for which a prospectus otherwise required under 5 chapter 33 of title 40, United States Code, has not been 6 approved, except that necessary funds may be expended 7 for each project for required expenses for the development 8 of a proposed prospectus. 9 SEC. 510. Sections 520, 522, and 530 of the Depart- 10 ment of Homeland Security Appropriations Act, 2008 (di11 vision E of Public Law 110–161; 121 Stat. 2073 and 12 2074) shall apply with respect to funds made available in 13 this Act in the same manner as such sections applied to 14 funds made available in that Act. 15 SEC. 511. None of the funds made available in this 16 Act may be used in contravention of the applicable provi17 sions of the Buy American Act: Provided, That for pur18 poses of the preceding sentence, the term ‘‘Buy American 19 Act’’ means chapter 83 of title 41, United States Code. 20 SEC. 512. None of the funds made available in this 21 Act may be used to amend the oath of allegiance required 22 by section 337 of the Immigration and Nationality Act 23 (8 U.S.C. 1448). 24 SEC. 513. Section 519 of division F of Public Law 25 114–113, regarding a prohibition on funding for any posi- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 703 1 tion designated as a Principal Federal Official, shall apply 2 with respect to funds made available in this Act in the 3 same manner as such section applied to funds made avail4 able in that Act. 5 SEC. 514. None of the funds provided or otherwise 6 made available in this Act shall be available to carry out 7 section 872 of the Homeland Security Act of 2002 (6 8 U.S.C. 452) unless explicitly authorized by the Congress. 9 SEC. 515. None of the funds made available in this 10 Act may be used for planning, testing, piloting, or devel11 oping a national identification card. 12 SEC. 516. Any official that is required by this Act 13 to report or to certify to the Committees on Appropria14 tions of the Senate and the House of Representatives may 15 not delegate such authority to perform that act unless spe16 cifically authorized herein. 17 SEC. 517. None of the funds appropriated or other- 18 wise made available in this or any other Act may be used 19 to transfer, release, or assist in the transfer or release to 20 or within the United States, its territories, or possessions 21 Khalid Sheikh Mohammed or any other detainee who— 22 23 March 21, 2018 (6:08 p.m.) (1) is not a United States citizen or a member of the Armed Forces of the United States; and U:\2018REPT\OMNI\Final\RCP—FM.xml 704 1 (2) is or was held on or after June 24, 2009, 2 at the United States Naval Station, Guantanamo 3 Bay, Cuba, by the Department of Defense. 4 SEC. 518. None of the funds made available in this 5 Act may be used for first-class travel by the employees 6 of agencies funded by this Act in contravention of sections 7 301–10.122 through 301–10.124 of title 41, Code of Fed8 eral Regulations. 9 SEC. 519. None of the funds made available in this 10 Act may be used to employ workers described in section 11 274A(h)(3) of the Immigration and Nationality Act (8 12 U.S.C. 1324a(h)(3)). 13 SEC. 520. Notwithstanding any other provision of 14 this Act, none of the funds appropriated or otherwise 15 made available by this Act may be used to pay award or 16 incentive fees for contractor performance that has been 17 judged to be below satisfactory performance or perform18 ance that does not meet the basic requirements of a con19 tract. 20 SEC. 521. Hereafter, in developing any process to 21 screen aviation passengers and crews for transportation 22 or national security purposes, the Secretary of Homeland 23 Security shall ensure that all such processes take into con24 sideration such passengers’ and crews’ privacy and civil March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 705 1 liberties consistent with applicable laws, regulations, and 2 guidance. 3 SEC. 522. None of the funds appropriated or other- 4 wise made available by this Act may be used by the De5 partment of Homeland Security to enter into any Federal 6 contract unless such contract is entered into in accordance 7 with the requirements of subtitle I of title 41, United 8 States Code, or chapter 137 of title 10, United States 9 Code, and the Federal Acquisition Regulation, unless such 10 contract is otherwise authorized by statute to be entered 11 into without regard to the above referenced statutes. 12 SEC. 523. (a) For an additional amount for financial 13 systems modernization, $41,800,000, to remain available 14 until September 30, 2019. 15 (b) Funds made available in subsection (a) for finan- 16 cial systems modernization may be transferred by the Sec17 retary of Homeland Security between appropriations for 18 the same purpose, notwithstanding section 503 of this Act. 19 (c) No transfer described in subsection (b) shall occur 20 until 15 days after the Committees on Appropriations of 21 the Senate and the House of Representatives are notified 22 of such transfer. 23 SEC. 524. (a) None of the funds made available in 24 this Act may be used to maintain or establish a computer March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 706 1 network unless such network blocks the viewing, 2 downloading, and exchanging of pornography. 3 (b) Nothing in subsection (a) shall limit the use of 4 funds necessary for any Federal, State, tribal, or local law 5 enforcement agency or any other entity carrying out crimi6 nal investigations, prosecution, or adjudication activities. 7 SEC. 525. None of the funds made available in this 8 Act may be used by a Federal law enforcement officer to 9 facilitate the transfer of an operable firearm to an indi10 vidual if the Federal law enforcement officer knows or sus11 pects that the individual is an agent of a drug cartel unless 12 law enforcement personnel of the United States continu13 ously monitor or control the firearm at all times. 14 SEC. 526. None of the funds made available in this 15 Act may be used to pay for the travel to or attendance 16 of more than 50 employees of a single component of the 17 Department of Homeland Security, who are stationed in 18 the United States, at a single international conference un19 less the Secretary of Homeland Security, or a designee, 20 determines that such attendance is in the national interest 21 and notifies the Committees on Appropriations of the Sen22 ate and the House of Representatives within at least 10 23 days of that determination and the basis for that deter24 mination: Provided, That for purposes of this section the 25 term ‘‘international conference’’ shall mean a conference March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 707 1 occurring outside of the United States attended by rep2 resentatives of the United States Government and of for3 eign governments, international organizations, or non4 governmental organizations: Provided further, That the 5 total cost to the Department of Homeland Security of any 6 such conference shall not exceed $500,000. 7 SEC. 527. None of the funds made available in this 8 Act may be used to reimburse any Federal department 9 or agency for its participation in a National Special Secu10 rity Event. 11 SEC. 528. None of the funds made available to the 12 Department of Homeland Security by this or any other 13 Act may be obligated for any structural pay reform that 14 affects more than 100 full-time positions or costs more 15 than $5,000,000 in a single year before the end of the 16 30-day period beginning on the date on which the Sec17 retary of Homeland Security submits to Congress a notifi18 cation that includes— 19 20 (1) the number of full-time positions affected by such change; 21 (2) funding required for such change for the 22 current year and through the Future Years Home- 23 land Security Program; 24 March 21, 2018 (6:08 p.m.) (3) justification for such change; and U:\2018REPT\OMNI\Final\RCP—FM.xml 708 1 (4) an analysis of compensation alternatives to 2 such change that were considered by the Depart- 3 ment. 4 SEC. 529. (a) Any agency receiving funds made avail- 5 able in this Act shall, subject to subsections (b) and (c), 6 post on the public website of that agency any report re7 quired to be submitted by the Committees on Appropria8 tions of the Senate and the House of Representatives in 9 this Act, upon the determination by the head of the agency 10 that it shall serve the national interest. 11 (b) Subsection (a) shall not apply to a report if— 12 (1) the public posting of the report com- 13 promises homeland or national security; or 14 (2) the report contains proprietary information. 15 (c) The head of the agency posting such report shall 16 do so only after such report has been made available to 17 the Committees on Appropriations of the Senate and the 18 House of Representatives for not less than 45 days except 19 as otherwise specified in law. 20 SEC. 530. (a) Funding provided in this Act for ‘‘Op- 21 erations and Support’’ and funding provided in this Act 22 for ‘‘Coast Guard—Operating Expenses’’ may be used for 23 minor procurement, construction, and improvements. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 709 1 (b) For purposes of subsection (a), ‘‘minor’’ refers 2 to end items with a unit cost of $250,000 or less for per3 sonal property, and $2,000,000 or less for real property. 4 SEC. 531. None of the funds made available by this 5 Act may be obligated or expended to implement the Arms 6 Trade Treaty until the Senate approves a resolution of 7 ratification for the Treaty. 8 SEC. 532. For fiscal year 2018, the Secretary of 9 Homeland Security may provide, out of discretionary 10 funds available to the Department of Homeland Security, 11 for the primary and secondary schooling of dependents of 12 Department of Homeland Security personnel who are sta13 tioned outside the continental United States and for the 14 transportation of such dependents in the same manner 15 and to the same extent that, pursuant to section 544 of 16 title 14, United States Code, the Secretary may provide, 17 out of funds appropriated to or for the use of the Coast 18 Guard, for the primary and secondary schooling of, and 19 the transportation of, dependents of Coast Guard per20 sonnel stationed outside the continental United States: 21 Provided, That no amounts may be provided from 22 amounts that were designated by the Congress for Over23 seas Contingency Operations/Global War on Terrorism or 24 as an emergency requirement pursuant to a concurrent 25 resolution on the budget or section 251(b)(2)(A) of the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 710 1 Balanced Budget and Emergency Deficit Control Act of 2 1985: Provided further, That no amounts may be provided 3 from amounts that were designated by the Congress as 4 being for disaster relief pursuant to section 251(b)(2)(D) 5 of the Balanced Budget and Emergency Deficit Control 6 Act of 1985. 7 SEC. 533. Within 60 days of any budget submission 8 for the Department of Homeland Security for fiscal year 9 2019 that assumes revenues or proposes a reduction from 10 the previous year based on user fees proposals that have 11 not been enacted into law prior to the submission of the 12 budget, the Secretary of Homeland Security shall provide 13 the Committees on Appropriations of the Senate and the 14 House of Representatives specific reductions in proposed 15 discretionary budget authority commensurate with the 16 revenues assumed in such proposals in the event that they 17 are not enacted prior to October 1, 2018. 18 SEC. 534. (a) For an additional amount for ‘‘Federal 19 Emergency Management Agency—Federal Assistance’’, 20 $41,000,000, to remain available until September 30, 21 2019, exclusively for providing reimbursement of extraor22 dinary law enforcement personnel costs for protection ac23 tivities directly and demonstrably associated with any resi24 dence of the President that is designated or identified to 25 be secured by the United States Secret Service. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 711 1 (b) Funds under subsection (a) shall be available only 2 for costs that a State or local agency— 3 4 5 6 7 8 9 10 (1) incurs on or after October 1, 2017, and before October 1, 2018; (2) can demonstrate to the Administrator as being— (A) in excess of the costs of normal and typical law enforcement operations; (B) directly attributable to the provision of protection described herein; and 11 (C) associated with a non-governmental 12 property designated or identified to be secured 13 by the United States Secret Service pursuant to 14 section 3 or section 4 of the Presidential Pro- 15 tection Assistance Act of 1976 (Public Law 94– 16 524); and 17 (3) certifies to the Administrator as being for 18 protection activities requested by the Director of the 19 United States Secret Service. 20 (c) For purposes of subsection (a), a designation or 21 identification of a property to be secured under subsection 22 (b)(2)(C) made after incurring otherwise eligible costs 23 shall apply retroactively to October 1, 2017. 24 (d) The Administrator may establish written criteria 25 consistent with subsections (a) and (b). March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 712 1 (e) None of the funds provided shall be for hiring new 2 or additional personnel. 3 (f) The Inspector General of the Department of 4 Homeland Security shall audit reimbursements made 5 under this section. 6 SEC. 535. (a) The Secretary of Homeland Security 7 may include in the President’s budget proposal for Coast 8 Guard for fiscal year 2019, submitted pursuant to section 9 1105(a) of title 31, United States Code, and accom10 panying justification materials, an account structure es11 tablished by section 563 of Division F of the Consolidated 12 Appropriations Act, 2016 (Public Law 114–113). 13 (b) Not earlier than October 1, 2018, the accounts 14 designated under subsection (a) may be established, and 15 the Secretary of Homeland Security may execute appro16 priations of the Department as provided pursuant to such 17 subsection, including any continuing appropriations made 18 available for fiscal year 2019 before enactment of a reg19 ular appropriations Act. 20 (c) Notwithstanding any other provision of law, the 21 Secretary of Homeland Security may transfer any appro22 priation made available to the Department of Homeland 23 Security by any appropriations Acts to the accounts cre24 ated pursuant to subsection (b) to carry out the require25 ments of such subsection, and shall notify the Committees March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 713 1 on Appropriations of the Senate and the House of Rep2 resentatives within 5 days of each transfer. 3 (d)(1) Not later than November 1, 2018, the Sec- 4 retary of Homeland Security shall establish the prelimi5 nary baseline for application of reprogramming and trans6 fer authorities and submit the report specified in para7 graph (2) to the Committees on Appropriations of the 8 Senate and the House of Representatives. 9 10 (2) The report required in this subsection shall include— 11 (A) a delineation of the amount and ac- 12 count of each transfer made pursuant to sub- 13 section (b) or (c); 14 (B) a table for each appropriation with a 15 separate column to display the President’s 16 budget proposal, adjustments made by Con- 17 gress, adjustments due to enacted rescissions, if 18 appropriate, adjustments made pursuant to the 19 transfer authority in subsection (b) or (c), and 20 the fiscal year level; 21 (C) a delineation in the table for each ap- 22 propriation, adjusted as described in paragraph 23 (2), both by budget activity and program, 24 project, and activity as detailed in the Budget 25 Appendix; and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 714 1 (D) an identification of funds directed for 2 3 a specific activity. (e) The Secretary shall not exercise the authority pro- 4 vided in subsections (b), (c), and (d) unless, not later than 5 June 1, 2018, the Chief Financial Officer has submitted 6 to the Committees on Appropriations of the Senate and 7 the House of Representatives— 8 (1) technical assistance on new legislative lan- 9 guage in the account structure under subsection (a); 10 and 11 (2) comparison tables of fiscal years 2017, 12 2018, and 2019 in the account structure under sub- 13 section (a). 14 SEC. 536. (a) None of the funds appropriated by this 15 or previous appropriations Acts or otherwise made avail16 able to the Department of Homeland Security may be used 17 to establish accounts in the Treasury of the United States 18 for the Countering Weapons of Mass Destruction Office 19 or the Cybersecurity and Infrastructure Security Agency 20 until Congress has enacted a law that specifically author21 izes such Office or Agency and such authorization identi22 fies the functions that are authorized to be transferred 23 to such Office or Agency. 24 (b) Subject to the limitation in subsection (a), if Con- 25 gress enacts a law on or after the date of enactment of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 715 1 this Act that specifically authorizes the Countering Weap2 ons of Mass Destruction Office or the Cybersecurity and 3 Infrastructure Security Agency and such authorization 4 identifies the functions that are authorized to be trans5 ferred to such Office or Agency, the Secretary of Home6 land Security may— 7 (1) not earlier than October 1, 2018, establish 8 accounts in the Treasury of the United States nec- 9 essary to carry out the functions of the Office or 10 Agency as authorized; 11 (2) execute appropriations of the Department of 12 Homeland Security as provided in subparagraph (1), 13 including any continuing appropriations made avail- 14 able for fiscal year 2019, before enactment of a reg- 15 ular appropriations Act; and 16 (3) transfer any funds made available to the 17 Department of Homeland Security by any appro- 18 priations Acts to the accounts created in subpara- 19 graph (1) for functions that are authorized to be 20 transferred to such Office or Agency and to be used 21 for the purpose of executing authorization of such 22 Office or Agency. 23 (c) The authority provided in subsection (b)(3) shall 24 only be available if the Secretary has notified the Commit25 tees on Appropriations of the Senate and the House of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 716 1 Representatives at least 15 days in advance of each such 2 transfer. 3 SEC. 537. Section 404 of the Coast Guard Authoriza- 4 tion Act of 2010 (Public Law 111–281; 124 Stat. 2950), 5 as amended, shall be applied in subsection (b) by sub6 stituting ‘‘September 30, 2018’’ for ‘‘September 30, 7 2017’’. 8 SEC. 538. (a) Section 831 of the Homeland Security 9 Act of 2002 (6 U.S.C. 391) shall be applied— 10 (1) In subsection (a), by substituting ‘‘Sep- 11 tember 30, 2018,’’ for ‘‘September 30, 2017,’’; and 12 (2) In subsection (c)(1), by substituting ‘‘Sep- 13 tember 30, 2018,’’ for ‘‘September 30, 2017’’. 14 (b) The Secretary of Homeland Security, under the 15 authority of section 831 of the Homeland Security Act of 16 2002 (6 U.S.C. 391(a)), may carry out prototype projects 17 under section 2371b of title 10, United States Code, and 18 the Secretary shall perform the functions of the Secretary 19 of Defense as prescribed. 20 (c) The Secretary of Homeland Security under sec- 21 tion 831 of the Homeland Security Act of 2002 (6 U.S.C. 22 391(d)) may use the definition of nontraditional govern23 ment contractor as defined in section 2371b(e) of title 10, 24 United States Code. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 717 1 2 (RESCISSIONS) SEC. 539. Of the funds appropriated to the Depart- 3 ment of Homeland Security, the following funds are here4 by rescinded from the following accounts and programs 5 in the specified amounts: Provided, That no amounts may 6 be rescinded from amounts that were designated by the 7 Congress as an emergency requirement pursuant to a con8 current resolution on the budget or the Balanced Budget 9 and Emergency Deficit Control Act of 1985 (Public Law 10 99–177): 11 (1) $44,557,000 from Public Law 115–31 12 under the heading ‘‘Transportation Security Admin- 13 istration—Operations and Support’’; 14 (2) $1,785,697 from Public Law 108–334 15 under the heading ‘‘Coast Guard—Alteration of 16 Bridges’’; 17 (3) $1,920,100 from Public Law 109–90 under 18 the heading ‘‘Coast Guard—Alteration of Bridges’’; 19 (4) $1,791,454 from Public Law 109–295 20 under the heading ‘‘Coast Guard—Alteration of 21 Bridges’’; 22 (5) $3,221,594 from Public Law 110–161 23 under the heading ‘‘Coast Guard—Alteration of 24 Bridges’’; March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 718 1 (6) $3,680,885 from Public Law 111–83 under 2 the heading ‘‘Coast Guard—Alteration of Bridges’’; 3 (7) $25,000,000 from Public Law 114–113 4 under the heading ‘‘Coast Guard—Acquisition, Con- 5 struction, and Improvements’’; 6 (8) $2,000,000 from Public Law 114–113 7 under the heading ‘‘Science and Technology—Re- 8 search, Development, Acquisition, and Operations’’; 9 (9) $2,000,000 from Public Law 115–31 under 10 the heading ‘‘Science and Technology Directorate— 11 Operations and Support’’ account 70 17/18 0800; 12 (10) $6,000,000 from Public Law 115–31 13 under the heading ‘‘Science and Technology Direc- 14 torate—Research and Development’’; and 15 (11) $4,307,000 from Public Law 115–31 16 under the heading ‘‘Intelligence, Analysis, and Oper- 17 ations Coordination—Operations and Support’’. 18 (RESCISSIONS) 19 SEC. 540. Of the funds transferred to the Depart- 20 ment of Homeland Security when it was created in 2003, 21 the following funds are hereby rescinded from the fol22 lowing accounts and programs in the specified amounts: 23 (1) $66,024 from ‘‘Coast Guard—Acquisition, 24 Construction, and Improvements’’ account 70x0613; March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 719 1 (2) $2,400 from ‘‘Transportation Security Ad- 2 ministration—Salaries 3 70x0508; and 4 5 Expenses’’ account (3) $31,948 from ‘‘U.S. Customs and Border Protection’’ account 70x0503. 6 7 and (RESCISSIONS) SEC. 541. The following unobligated balances made 8 available to the Department of Homeland Security pursu9 ant to section 505 of the Department of Homeland Secu10 rity Appropriations Act, 2017 (Public Law 115–31) are 11 rescinded: 12 13 14 15 16 17 18 19 20 21 22 23 March 21, 2018 (6:08 p.m.) (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’’. U:\2018REPT\OMNI\Final\RCP—FM.xml 720 1 2 (RESCISSION) SEC. 542. From the unobligated balances available 3 in the Department of the Treasury Forfeiture Fund estab4 lished by section 9703 of title 31, United States Code 5 (added by section 638 of Public Law 102–393), 6 $364,162,000 shall be permanently rescinded not later 7 than September 30, 2018. 8 SEC. 543. Notwithstanding section 9 5170c(b)(2)(B)(ii) of title 42, United States Code, the Ad10 ministrator of the Federal Emergency Management Agen11 cy shall allow flood protection systems constructed in 2016 12 on property acquired with hazard mitigation assistance 13 provided under section 5170c of title 42, United States 14 Code, in an inadvertent violation of the terms and condi15 tions of such assistance to remain in place on such prop16 erty: Provided, That no new or additional structure may 17 be erected on the property unless the new or additional 18 structure complies with section 5170c(b)(2)(B)(ii) of title 19 42, United States Code: Provided further, That this provi20 sion does not otherwise excuse compliance with all other 21 applicable laws including statutes, executive orders, regu22 lations, and program and grant legal requirements per23 taining to the floodwall structure or the acquired property. 24 SEC. 544. Section 545 of title V of division F of the 25 Consolidated Appropriations Act, 2017, as added by sec- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 721 1 tion 20607 of title VI of subdivision 1 of division B of 2 the Bipartisan Budget Act of 2018, is amended to read 3 as follows: 4 ‘‘SEC. 545. (a) PREMIUM PAY AUTHORITY.—During 5 calendar year 2017, any premium pay that is funded, ei6 ther directly or through reimbursement, by the ‘Federal 7 Emergency Management Agency—Disaster Relief Fund’ 8 shall be exempted from the aggregate of basic pay and 9 premium pay calculated under section 5547(a) of title 5, 10 United States Code, and any other provision of law lim11 iting the aggregate amount of premium pay payable on 12 a biweekly or calendar year basis. 13 ‘‘(b) OVERTIME AUTHORITY.—During calendar year 14 2017, any overtime pay that is funded, either directly or 15 through reimbursement, by the ‘Federal Emergency Man16 agement Agency—Disaster Relief Fund’ and that is pay17 able under an authority outside of title 5, United States 18 Code, shall be exempted from any annual limit on the 19 amount of overtime pay payable in a calendar or fiscal 20 year. 21 ‘‘(c) APPLICABILITY OF AGGREGATE LIMITATION ON 22 PAY.—In determining whether an employee’s aggregate 23 pay exceeds the applicable annual rate of basic pay pay24 able under section 5307 of title 5, United States Code, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 722 1 the head of an Executive agency shall not include pay ex2 empted under this section. 3 ‘‘(d) LIMITATION OF PAY AUTHORITY.— 4 ‘‘(1) Pay exempted from otherwise applicable 5 limits under subsection (a) or (b) shall not cause the 6 aggregate of basic pay and premium pay for the ap- 7 plicable calendar year to exceed the rate of basic pay 8 payable for a position at level II of the Executive 9 Schedule under section 5313 of title 5, United 10 States Code, as in effect at the end of such calendar 11 year. 12 ‘‘(2) For purposes of applying this subsection to 13 an employee who would otherwise be subject to the 14 premium pay limits established under section 5547 15 of title 5, United States Code, ‘premium pay’ means 16 the premium pay paid under the provisions of law 17 cited in section 5547(a). 18 ‘‘(3) For purposes of applying this subsection to 19 an employee under a premium pay limit established 20 under an authority other than section 5547 of title 21 5, United States Code, the agency responsible for 22 administering such limit shall determine what pay- 23 ments are considered premium pay. 24 ‘‘(e) EFFECTIVE DATE.—This section shall take ef- 25 fect as if enacted on December 31, 2016. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 723 1 ‘‘(f) TREATMENT OF ADDITIONAL PAY.—If applica- 2 tion of this section results in the payment of additional 3 premium pay to a covered employee of a type that is nor4 mally creditable as basic pay for retirement or any other 5 purpose, that additional pay shall not— 6 7 ‘‘(1) be considered to be basic pay of the covered employee for any purpose; or 8 ‘‘(2) be used in computing a lump-sum payment 9 to the covered employee for accumulated and ac- 10 crued annual leave under section 5551 or section 11 5552 of title 5, United States Code.’’. 12 This division may be cited as the ‘‘Department of 13 Homeland Security Appropriations Act, 2018’’. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 724 1 DIVISION G—DEPARTMENT OF THE INTE2 RIOR, ENVIRONMENT, AND RELATED 3 AGENCIES APPROPRIATIONS ACT, 2018 4 TITLE I 5 DEPARTMENT OF THE INTERIOR 6 7 8 BUREAU OF LAND MANAGEMENT MANAGEMENT OF LANDS AND RESOURCES For necessary expenses for protection, use, improve- 9 ment, development, disposal, cadastral surveying, classi10 fication, acquisition of easements and other interests in 11 lands, and performance of other functions, including main12 tenance of facilities, as authorized by law, in the manage13 ment of lands and their resources under the jurisdiction 14 of the Bureau of Land Management, including the general 15 administration of the Bureau, and assessment of mineral 16 potential of public lands pursuant to section 1010(a) of 17 Public Law 96–487 (16 U.S.C. 3150(a)), $1,183,043,000, 18 to remain available until expended, including all such 19 amounts as are collected from permit processing fees, as 20 authorized but made subject to future appropriation by 21 section 35(d)(3)(A)(i) of the Mineral Leasing Act (30 22 U.S.C. 191), except that amounts from permit processing 23 fees may be used for any bureau-related expenses associ24 ated with the processing of oil and gas applications for 25 permits to drill and related use of authorizations. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 725 1 In addition, $39,696,000 is for Mining Law Adminis- 2 tration program operations, including the cost of admin3 istering the mining claim fee program, to remain available 4 until expended, to be reduced by amounts collected by the 5 Bureau and credited to this appropriation from mining 6 claim maintenance fees and location fees that are hereby 7 authorized for fiscal year 2018, so as to result in a final 8 appropriation estimated at not more than $1,183,043,000, 9 and $2,000,000, to remain available until expended, from 10 communication site rental fees established by the Bureau 11 for the cost of administering communication site activities. 12 13 LAND ACQUISITION For expenses necessary to carry out sections 205, 14 206, and 318(d) of Public Law 94–579, including admin15 istrative expenses and acquisition of lands or waters, or 16 interests therein, $24,916,000, to be derived from the 17 Land and Water Conservation Fund and to remain avail18 able until expended. 19 20 OREGON AND CALIFORNIA GRANT LANDS For expenses necessary for management, protection, 21 and development of resources and for construction, oper22 ation, and maintenance of access roads, reforestation, and 23 other improvements on the revested Oregon and California 24 Railroad grant lands, on other Federal lands in the Or25 egon and California land-grant counties of Oregon, and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 726 1 on adjacent rights-of-way; and acquisition of lands or in2 terests therein, including existing connecting roads on or 3 adjacent to such grant lands; $106,985,000, to remain 4 available until expended: Provided, That 25 percent of the 5 aggregate of all receipts during the current fiscal year 6 from the revested Oregon and California Railroad grant 7 lands is hereby made a charge against the Oregon and 8 California land-grant fund and shall be transferred to the 9 General Fund in the Treasury in accordance with the sec10 ond paragraph of subsection (b) of title II of the Act of 11 August 28, 1937 (43 U.S.C. 2605). 12 13 RANGE IMPROVEMENTS For rehabilitation, protection, and acquisition of 14 lands and interests therein, and improvement of Federal 15 rangelands pursuant to section 401 of the Federal Land 16 Policy and Management Act of 1976 (43 U.S.C. 1751), 17 notwithstanding any other Act, sums equal to 50 percent 18 of all moneys received during the prior fiscal year under 19 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 20 315b, 315m) and the amount designated for range im21 provements from grazing fees and mineral leasing receipts 22 from Bankhead-Jones lands transferred to the Depart23 ment of the Interior pursuant to law, but not less than 24 $10,000,000, to remain available until expended: Pro- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 727 1 vided, That not to exceed $600,000 shall be available for 2 administrative expenses. 3 4 SERVICE CHARGES, DEPOSITS, AND FORFEITURES For administrative expenses and other costs related 5 to processing application documents and other authoriza6 tions for use and disposal of public lands and resources, 7 for costs of providing copies of official public land docu8 ments, for monitoring construction, operation, and termi9 nation of facilities in conjunction with use authorizations, 10 and for rehabilitation of damaged property, such amounts 11 as may be collected under Public Law 94–579 (43 U.S.C. 12 1701 et seq.), and under section 28 of the Mineral Leasing 13 Act (30 U.S.C. 185), to remain available until expended: 14 Provided, That notwithstanding any provision to the con15 trary of section 305(a) of Public Law 94–579 (43 U.S.C. 16 1735(a)), any moneys that have been or will be received 17 pursuant to that section, whether as a result of forfeiture, 18 compromise, or settlement, if not appropriate for refund 19 pursuant to section 305(c) of that Act (43 U.S.C. 20 1735(c)), shall be available and may be expended under 21 the authority of this Act by the Secretary to improve, pro22 tect, or rehabilitate any public lands administered through 23 the Bureau of Land Management which have been dam24 aged by the action of a resource developer, purchaser, per25 mittee, or any unauthorized person, without regard to March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 728 1 whether all moneys collected from each such action are 2 used on the exact lands damaged which led to the action: 3 Provided further, That any such moneys that are in excess 4 of amounts needed to repair damage to the exact land for 5 which funds were collected may be used to repair other 6 damaged public lands. 7 8 MISCELLANEOUS TRUST FUNDS In addition to amounts authorized to be expended 9 under existing laws, there is hereby appropriated such 10 amounts as may be contributed under section 307 of Pub11 lic Law 94–579 (43 U.S.C. 1737), and such amounts as 12 may be advanced for administrative costs, surveys, ap13 praisals, and costs of making conveyances of omitted lands 14 under section 211(b) of that Act (43 U.S.C. 1721(b)), to 15 remain available until expended. 16 17 ADMINISTRATIVE PROVISIONS The Bureau of Land Management may carry out the 18 operations funded under this Act by direct expenditure, 19 contracts, grants, cooperative agreements and reimburs20 able agreements with public and private entities, including 21 with States. Appropriations for the Bureau shall be avail22 able for purchase, erection, and dismantlement of tem23 porary structures, and alteration and maintenance of nec24 essary buildings and appurtenant facilities to which the 25 United States has title; up to $100,000 for payments, at March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 729 1 the discretion of the Secretary, for information or evidence 2 concerning violations of laws administered by the Bureau; 3 miscellaneous and emergency expenses of enforcement ac4 tivities authorized or approved by the Secretary and to be 5 accounted for solely on the Secretary’s certificate, not to 6 exceed $10,000: Provided, That notwithstanding Public 7 Law 90–620 (44 U.S.C. 501), the Bureau may, under co8 operative cost-sharing and partnership arrangements au9 thorized by law, procure printing services from cooperators 10 in connection with jointly produced publications for which 11 the cooperators share the cost of printing either in cash 12 or in services, and the Bureau determines the cooperator 13 is capable of meeting accepted quality standards: Provided 14 further, That projects to be funded pursuant to a written 15 commitment by a State government to provide an identi16 fied amount of money in support of the project may be 17 carried out by the Bureau on a reimbursable basis. Appro18 priations herein made shall not be available for the de19 struction of healthy, unadopted, wild horses and burros 20 in the care of the Bureau or its contractors or for the 21 sale of wild horses and burros that results in their destruc22 tion for processing into commercial products. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 730 1 UNITED STATES FISH 2 3 AND WILDLIFE SERVICE RESOURCE MANAGEMENT For necessary expenses of the United States Fish and 4 Wildlife Service, as authorized by law, and for scientific 5 and economic studies, general administration, and for the 6 performance of other authorized functions related to such 7 resources, $1,279,002,000, to remain available until Sep8 tember 30, 2019: Provided, That not to exceed 9 $18,818,000 shall be used for implementing subsections 10 (a), (b), (c), and (e) of section 4 of the Endangered Spe11 cies Act of 1973 (16 U.S.C. 1533) (except for processing 12 petitions, developing and issuing proposed and final regu13 lations, and taking any other steps to implement actions 14 described in subsection (c)(2)(A), (c)(2)(B)(i), or 15 (c)(2)(B)(ii)). 16 17 CONSTRUCTION For construction, improvement, acquisition, or re- 18 moval of buildings and other facilities required in the con19 servation, management, investigation, protection, and uti20 lization of fish and wildlife resources, and the acquisition 21 of lands and interests therein; $66,540,000, to remain 22 available until expended. 23 24 LAND ACQUISITION For expenses necessary to carry out chapter 2003 of 25 title 54, United States Code, including administrative ex- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 731 1 penses, and for acquisition of land or waters, or interest 2 therein, in accordance with statutory authority applicable 3 to the United States Fish and Wildlife Service, 4 $63,839,000, to be derived from the Land and Water Con5 servation Fund and to remain available until expended, 6 of which, notwithstanding section 200306 of title 54, 7 United States Code, not more than $10,000,000 shall be 8 for land conservation partnerships authorized by the 9 Highlands Conservation Act of 2004, including not to ex10 ceed $320,000 for administrative expenses: Provided, That 11 none of the funds appropriated for specific land acquisi12 tion projects may be used to pay for any administrative 13 overhead, planning or other management costs. 14 COOPERATIVE ENDANGERED SPECIES CONSERVATION 15 FUND 16 For expenses necessary to carry out section 6 of the 17 Endangered Species Act of 1973 (16 U.S.C. 1535), 18 $53,495,000, to remain available until expended, of which 19 $33,857,000 is to be derived from the Cooperative Endan20 gered Species Conservation Fund; and of which 21 $19,638,000 is to be derived from the Land and Water 22 Conservation Fund. 23 24 NATIONAL WILDLIFE REFUGE FUND For expenses necessary to implement the Act of Octo- 25 ber 17, 1978 (16 U.S.C. 715s), $13,228,000. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 732 1 2 NORTH AMERICAN WETLANDS CONSERVATION FUND For expenses necessary to carry out the provisions 3 of the North American Wetlands Conservation Act (16 4 U.S.C. 4401 et seq.), $40,000,000, to remain available 5 until expended. 6 NEOTROPICAL MIGRATORY BIRD CONSERVATION 7 For expenses necessary to carry out the Neotropical 8 Migratory Bird Conservation Act (16 U.S.C. 6101 et 9 seq.), $3,910,000, to remain available until expended. 10 MULTINATIONAL SPECIES CONSERVATION FUND 11 For expenses necessary to carry out the African Ele- 12 phant Conservation Act (16 U.S.C. 4201 et seq.), the 13 Asian Elephant Conservation Act of 1997 (16 U.S.C. 14 4261 et seq.), the Rhinoceros and Tiger Conservation Act 15 of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Con16 servation Act of 2000 (16 U.S.C. 6301 et seq.), and the 17 Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 18 et seq.), $11,061,000, to remain available until expended. 19 20 STATE AND TRIBAL WILDLIFE GRANTS For wildlife conservation grants to States and to the 21 District of Columbia, Puerto Rico, Guam, the United 22 States Virgin Islands, the Northern Mariana Islands, 23 American Samoa, and Indian tribes under the provisions 24 of the Fish and Wildlife Act of 1956 and the Fish and 25 Wildlife Coordination Act, for the development and imple- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 733 1 mentation of programs for the benefit of wildlife and their 2 habitat, including species that are not hunted or fished, 3 $63,571,000, to remain available until expended: Pro4 vided, That of the amount provided herein, $4,209,000 is 5 for a competitive grant program for Indian tribes not sub6 ject to the remaining provisions of this appropriation: Pro7 vided further, That $6,362,000 is for a competitive grant 8 program to implement approved plans for States, terri9 tories, and other jurisdictions and at the discretion of af10 fected States, the regional Associations of fish and wildlife 11 agencies, not subject to the remaining provisions of this 12 appropriation: Provided further, That the Secretary shall, 13 after deducting $10,571,000 and administrative expenses, 14 apportion the amount provided herein in the following 15 manner: (1) to the District of Columbia and to the Com16 monwealth of Puerto Rico, each a sum equal to not more 17 than one-half of 1 percent thereof; and (2) to Guam, 18 American Samoa, the United States Virgin Islands, and 19 the Commonwealth of the Northern Mariana Islands, each 20 a sum equal to not more than one-fourth of 1 percent 21 thereof: Provided further, That the Secretary shall appor22 tion the remaining amount in the following manner: (1) 23 one-third of which is based on the ratio to which the land 24 area of such State bears to the total land area of all such 25 States; and (2) two-thirds of which is based on the ratio March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 734 1 to which the population of such State bears to the total 2 population of all such States: Provided further, That the 3 amounts apportioned under this paragraph shall be ad4 justed equitably so that no State shall be apportioned a 5 sum which is less than 1 percent of the amount available 6 for apportionment under this paragraph for any fiscal year 7 or more than 5 percent of such amount: Provided further, 8 That the Federal share of planning grants shall not exceed 9 75 percent of the total costs of such projects and the Fed10 eral share of implementation grants shall not exceed 65 11 percent of the total costs of such projects: Provided fur12 ther, That the non-Federal share of such projects may not 13 be derived from Federal grant programs: Provided further, 14 That any amount apportioned in 2018 to any State, terri15 tory, or other jurisdiction that remains unobligated as of 16 September 30, 2019, shall be reapportioned, together with 17 funds appropriated in 2020, in the manner provided here18 in. 19 20 ADMINISTRATIVE PROVISIONS The United States Fish and Wildlife Service may 21 carry out the operations of Service programs by direct ex22 penditure, contracts, grants, cooperative agreements and 23 reimbursable agreements with public and private entities. 24 Appropriations and funds available to the United States 25 Fish and Wildlife Service shall be available for repair of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 735 1 damage to public roads within and adjacent to reservation 2 areas caused by operations of the Service; options for the 3 purchase of land at not to exceed $1 for each option; facili4 ties incident to such public recreational uses on conserva5 tion areas as are consistent with their primary purpose; 6 and the maintenance and improvement of aquaria, build7 ings, and other facilities under the jurisdiction of the Serv8 ice and to which the United States has title, and which 9 are used pursuant to law in connection with management, 10 and investigation of fish and wildlife resources: Provided, 11 That notwithstanding 44 U.S.C. 501, the Service may, 12 under cooperative cost sharing and partnership arrange13 ments authorized by law, procure printing services from 14 cooperators in connection with jointly produced publica15 tions for which the cooperators share at least one-half the 16 cost of printing either in cash or services and the Service 17 determines the cooperator is capable of meeting accepted 18 quality standards: Provided further, That the Service may 19 accept donated aircraft as replacements for existing air20 craft: Provided further, That notwithstanding 31 U.S.C. 21 3302, all fees collected for non-toxic shot review and ap22 proval shall be deposited under the heading ‘‘United 23 States Fish and Wildlife Service—Resource Management’’ 24 and shall be available to the Secretary, without further 25 appropriation, to be used for expenses of processing of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 736 1 such non-toxic shot type or coating applications and revis2 ing regulations as necessary, and shall remain available 3 until expended. 4 NATIONAL PARK SERVICE 5 OPERATION OF THE NATIONAL PARK SYSTEM 6 For expenses necessary for the management, oper- 7 ation, and maintenance of areas and facilities adminis8 tered by the National Park Service and for the general 9 administration of the National Park Service, 10 $2,477,969,000, of which $10,032,000 for planning and 11 interagency coordination in support of Everglades restora12 tion and $134,461,000 for maintenance, repair, or reha13 bilitation projects for constructed assets shall remain 14 available until September 30, 2019: Provided, That funds 15 appropriated under this heading in this Act are available 16 for the purposes of section 5 of Public Law 95–348. 17 18 NATIONAL RECREATION AND PRESERVATION For expenses necessary to carry out recreation pro- 19 grams, natural programs, cultural programs, heritage 20 partnership programs, environmental compliance and re21 view, international park affairs, and grant administration, 22 not otherwise provided for, $63,638,000. 23 24 HISTORIC PRESERVATION FUND For expenses necessary in carrying out the National 25 Historic Preservation Act (division A of subtitle III of title March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 737 1 54, United States Code), $96,910,000, to be derived from 2 the Historic Preservation Fund and to remain available 3 until September 30, 2019, of which $13,000,000 shall be 4 for Save America’s Treasures grants for preservation of 5 national significant sites, structures and artifacts as au6 thorized by section 7303 of the Omnibus Public Land 7 Management Act of 2009 (54 U.S.C. 3089): Provided, 8 That an individual Save America’s Treasures grant shall 9 be matched by non-Federal funds: Provided further, That 10 individual projects shall only be eligible for one grant: Pro11 vided further, That all projects to be funded shall be ap12 proved by the Secretary of the Interior in consultation 13 with the House and Senate Committees on Appropria14 tions: Provided further, That of the funds provided for the 15 Historic Preservation Fund, $500,000 is for competitive 16 grants for the survey and nomination of properties to the 17 National Register of Historic Places and as National His18 toric Landmarks associated with communities currently 19 under-represented, as determined by the Secretary, 20 $13,000,000 is for competitive grants to preserve the sites 21 and stories of the Civil Rights movement, $5,000,000 is 22 for grants to Historically Black Colleges and Universities, 23 and $5,000,000 is for competitive grants for the restora24 tion of historic properties of national, State and local sig25 nificance listed on or eligible for inclusion on the National March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 738 1 Register of Historic Places, to be made without imposing 2 the usage or direct grant restrictions of section 101(e)(3) 3 (54 U.S.C. 302904) of the National Historical Preserva4 tion Act: Provided further, That such competitive grants 5 shall be made without imposing the matching require6 ments in section 302902(b)(3) of title 54, United States 7 Code, to States and Indian tribes as defined in chapter 8 3003 of such title, Native Hawaiian organizations, local 9 governments, including Certified Local Governments, and 10 non-profit organizations. 11 12 CONSTRUCTION For construction, improvements, repair, or replace- 13 ment of physical facilities, and compliance and planning 14 for programs and areas administered by the National 15 Park Service, $359,704,000, to remain available until ex16 pended: Provided, That notwithstanding any other provi17 sion of law, for any project initially funded in fiscal year 18 2018 with a future phase indicated in the National Park 19 Service 5-Year Line Item Construction Plan, a single pro20 curement may be issued which includes the full scope of 21 the project: Provided further, That the solicitation and 22 contract shall contain the clause availability of funds 23 found at 48 CFR 52.232–18: Provided further, That Na24 tional Park Service Donations, Park Concessions Fran25 chise Fees, and Recreation Fees may be made available March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 739 1 for the cost of adjustments and changes within the origi2 nal scope of effort for projects funded by the National 3 Park Service Construction appropriation: Provided further, 4 That the Secretary of the Interior shall consult with the 5 Committees on Appropriations, in accordance with current 6 reprogramming thresholds, prior to making any charges 7 authorized by this section. 8 9 LAND ACQUISITION AND STATE ASSISTANCE For expenses necessary to carry out chapter 2003 of 10 title 54, United States Code, including administrative ex11 penses, and for acquisition of lands or waters, or interest 12 therein, in accordance with the statutory authority appli13 cable to the National Park Service, $180,941,000, to be 14 derived from the Land and Water Conservation Fund and 15 to remain available until expended, of which $124,006,000 16 is for the State assistance program and of which 17 $10,000,000 shall be for the American Battlefield Protec18 tion Program grants as authorized by chapter 3081 of title 19 54, United States Code. 20 21 CENTENNIAL CHALLENGE For expenses necessary to carry out the provisions 22 of section 101701 of title 54, United States Code, relating 23 to challenge cost share agreements, $23,000,000, to re24 main available until expended, for Centennial Challenge 25 projects and programs: Provided, That not less than 50 March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 740 1 percent of the total cost of each project or program shall 2 be derived from non-Federal sources in the form of do3 nated cash, assets, or a pledge of donation guaranteed by 4 an irrevocable letter of credit. 5 ADMINISTRATIVE PROVISIONS 6 (INCLUDING TRANSFER OF FUNDS) 7 In addition to other uses set forth in section 8 101917(c)(2) of title 54, United States Code, franchise 9 fees credited to a sub-account shall be available for ex10 penditure by the Secretary, without further appropriation, 11 for use at any unit within the National Park System to 12 extinguish or reduce liability for Possessory Interest or 13 leasehold surrender interest. Such funds may only be used 14 for this purpose to the extent that the benefitting unit an15 ticipated franchise fee receipts over the term of the con16 tract at that unit exceed the amount of funds used to ex17 tinguish or reduce liability. Franchise fees at the benefit18 ting unit shall be credited to the sub-account of the origi19 nating unit over a period not to exceed the term of a single 20 contract at the benefitting unit, in the amount of funds 21 so expended to extinguish or reduce liability. 22 For the costs of administration of the Land and 23 Water Conservation Fund grants authorized by section 24 105(a)(2)(B) of the Gulf of Mexico Energy Security Act 25 of 2006 (Public Law 109–432), the National Park Service March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 741 1 may retain up to 3 percent of the amounts which are au2 thorized to be disbursed under such section, such retained 3 amounts to remain available until expended. 4 National Park Service funds may be transferred to 5 the Federal Highway Administration (FHWA), Depart6 ment of Transportation, for purposes authorized under 23 7 U.S.C. 204. Transfers may include a reasonable amount 8 for FHWA administrative support costs. 9 10 11 UNITED STATES GEOLOGICAL SURVEY SURVEYS, INVESTIGATIONS, AND RESEARCH For expenses necessary for the United States Geo- 12 logical Survey to perform surveys, investigations, and re13 search covering topography, geology, hydrology, biology, 14 and the mineral and water resources of the United States, 15 its territories and possessions, and other areas as author16 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 17 to their mineral and water resources; give engineering su18 pervision to power permittees and Federal Energy Regu19 latory Commission licensees; administer the minerals ex20 ploration program (30 U.S.C. 641); conduct inquiries into 21 the economic conditions affecting mining and materials 22 processing industries (30 U.S.C. 3, 21a, and 1603; 50 23 U.S.C. 98g(1)) and related purposes as authorized by law; 24 and to publish and disseminate data relative to the fore25 going activities; $1,148,457,000, to remain available until March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 742 1 September 30, 2019; of which $78,537,000 shall remain 2 available until expended for satellite operations; and of 3 which $15,164,000 shall be available until expended for 4 deferred maintenance and capital improvement projects 5 that exceed $100,000 in cost: Provided, That none of the 6 funds provided for the ecosystem research activity shall 7 be used to conduct new surveys on private property, unless 8 specifically authorized in writing by the property owner: 9 Provided further, That no part of this appropriation shall 10 be used to pay more than one-half the cost of topographic 11 mapping or water resources data collection and investiga12 tions carried on in cooperation with States and municipali13 ties. 14 15 ADMINISTRATIVE PROVISIONS From within the amount appropriated for activities 16 of the United States Geological Survey such sums as are 17 necessary shall be available for contracting for the fur18 nishing of topographic maps and for the making of geo19 physical or other specialized surveys when it is administra20 tively determined that such procedures are in the public 21 interest; construction and maintenance of necessary build22 ings and appurtenant facilities; acquisition of lands for 23 gauging stations, observation wells, and seismic equip24 ment; expenses of the United States National Committee 25 for Geological Sciences; and payment of compensation and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 743 1 expenses of persons employed by the Survey duly ap2 pointed to represent the United States in the negotiation 3 and administration of interstate compacts: Provided, That 4 activities funded by appropriations herein made may be 5 accomplished through the use of contracts, grants, or co6 operative agreements as defined in section 6302 of title 7 31, United States Code: Provided further, That the United 8 States Geological Survey may enter into contracts or coop9 erative agreements directly with individuals or indirectly 10 with institutions or nonprofit organizations, without re11 gard to 41 U.S.C. 6101, for the temporary or intermittent 12 services of students or recent graduates, who shall be con13 sidered employees for the purpose of chapters 57 and 81 14 of title 5, United States Code, relating to compensation 15 for travel and work injuries, and chapter 171 of title 28, 16 United States Code, relating to tort claims, but shall not 17 be considered to be Federal employees for any other pur18 poses. 19 20 21 BUREAU OF OCEAN ENERGY MANAGEMENT OCEAN ENERGY MANAGEMENT For expenses necessary for granting leases, ease- 22 ments, rights-of-way and agreements for use for oil and 23 gas, other minerals, energy, and marine-related purposes 24 on the Outer Continental Shelf and approving operations 25 related thereto, as authorized by law; for environmental March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 744 1 studies, as authorized by law; for implementing other laws 2 and to the extent provided by Presidential or Secretarial 3 delegation; and for matching grants or cooperative agree4 ments, $171,000,000, of which $114,166,000 is to remain 5 available until September 30, 2019, and of which 6 $56,834,000 is to remain available until expended: Pro7 vided, That this total appropriation shall be reduced by 8 amounts collected by the Secretary and credited to this 9 appropriation from additions to receipts resulting from in10 creases to lease rental rates in effect on August 5, 1993, 11 and from cost recovery fees from activities conducted by 12 the Bureau of Ocean Energy Management pursuant to the 13 Outer Continental Shelf Lands Act, including studies, as14 sessments, analysis, and miscellaneous administrative ac15 tivities: Provided further, That the sum herein appro16 priated shall be reduced as such collections are received 17 during the fiscal year, so as to result in a final fiscal year 18 2018 appropriation estimated at not more than 19 $114,166,000: Provided further, That not to exceed 20 $3,000 shall be available for reasonable expenses related 21 to promoting volunteer beach and marine cleanup activi22 ties. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 745 1 BUREAU OF SAFETY AND ENVIRONMENTAL 2 ENFORCEMENT 3 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT 4 For expenses necessary for the regulation of oper- 5 ations related to leases, easements, rights-of-way and 6 agreements for use for oil and gas, other minerals, energy, 7 and marine-related purposes on the Outer Continental 8 Shelf, as authorized by law; for enforcing and imple9 menting laws and regulations as authorized by law and 10 to the extent provided by Presidential or Secretarial dele11 gation; and for matching grants or cooperative agree12 ments, $136,411,000, of which $108,540,000 is to remain 13 available until September 30, 2019, and of which 14 $27,871,000 is to remain available until expended: Pro15 vided, That this total appropriation shall be reduced by 16 amounts collected by the Secretary and credited to this 17 appropriation from additions to receipts resulting from in18 creases to lease rental rates in effect on August 5, 1993, 19 and from cost recovery fees from activities conducted by 20 the Bureau of Safety and Environmental Enforcement 21 pursuant to the Outer Continental Shelf Lands Act, in22 cluding studies, assessments, analysis, and miscellaneous 23 administrative activities: Provided further, That the sum 24 herein appropriated shall be reduced as such collections 25 are received during the fiscal year, so as to result in a March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 746 1 final fiscal year 2018 appropriation estimated at not more 2 than $108,540,000. 3 For an additional amount, $50,000,000, to remain 4 available until expended, to be reduced by amounts col5 lected by the Secretary and credited to this appropriation, 6 which shall be derived from non-refundable inspection fees 7 collected in fiscal year 2018, as provided in this Act: Pro8 vided, That to the extent that amounts realized from such 9 inspection fees exceed $50,000,000, the amounts realized 10 in excess of $50,000,000 shall be credited to this appro11 priation and remain available until expended: Provided 12 further, That for fiscal year 2018, not less than 50 percent 13 of the inspection fees expended by the Bureau of Safety 14 and Environmental Enforcement will be used to fund per15 sonnel and mission-related costs to expand capacity and 16 expedite the orderly development, subject to environmental 17 safeguards, of the Outer Continental Shelf pursuant to the 18 Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 19 seq.), including the review of applications for permits to 20 drill. 21 22 OIL SPILL RESEARCH For necessary expenses to carry out title I, section 23 1016, title IV, sections 4202 and 4303, title VII, and title 24 VIII, section 8201 of the Oil Pollution Act of 1990, March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 747 1 $14,899,000, which shall be derived from the Oil Spill Li2 ability Trust Fund, to remain available until expended. 3 OFFICE OF SURFACE MINING RECLAMATION 4 ENFORCEMENT 5 REGULATION AND TECHNOLOGY 6 AND For necessary expenses to carry out the provisions 7 of the Surface Mining Control and Reclamation Act of 8 1977, Public Law 95–87, $115,804,000, to remain avail9 able until September 30, 2019: Provided, That appropria10 tions for the Office of Surface Mining Reclamation and 11 Enforcement may provide for the travel and per diem ex12 penses of State and tribal personnel attending Office of 13 Surface Mining Reclamation and Enforcement sponsored 14 training. 15 In addition, for costs to review, administer, and en- 16 force permits issued by the Office pursuant to section 507 17 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to re18 main available until expended: Provided, That fees as19 sessed and collected by the Office pursuant to such section 20 507 shall be credited to this account as discretionary off21 setting collections, to remain available until expended: 22 Provided further, That the sum herein appropriated from 23 the general fund shall be reduced as collections are re24 ceived during the fiscal year, so as to result in a fiscal March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 748 1 year 2018 appropriation estimated at not more than 2 $115,804,000. 3 4 ABANDONED MINE RECLAMATION FUND For necessary expenses to carry out title IV of the 5 Surface Mining Control and Reclamation Act of 1977, 6 Public Law 95–87, $24,672,000, to be derived from re7 ceipts of the Abandoned Mine Reclamation Fund and to 8 remain available until expended: Provided, That pursuant 9 to Public Law 97–365, the Department of the Interior is 10 authorized to use up to 20 percent from the recovery of 11 the delinquent debt owed to the United States Government 12 to pay for contracts to collect these debts: Provided fur13 ther, That funds made available under title IV of Public 14 Law 95–87 may be used for any required non-Federal 15 share of the cost of projects funded by the Federal Gov16 ernment for the purpose of environmental restoration re17 lated to treatment or abatement of acid mine drainage 18 from abandoned mines: Provided further, That such 19 projects must be consistent with the purposes and prior20 ities of the Surface Mining Control and Reclamation Act: 21 Provided further, That amounts provided under this head22 ing may be used for the travel and per diem expenses of 23 State and tribal personnel attending Office of Surface 24 Mining Reclamation and Enforcement sponsored training. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 749 1 In addition, $115,000,000, to remain available until 2 expended, for grants to States and federally recognized In3 dian Tribes for reclamation of abandoned mine lands and 4 other related activities in accordance with the terms and 5 conditions in the explanatory statement described in sec6 tion 4 (in the matter preceding division A of this consoli7 dated Act): Provided, That such additional amount shall 8 be used for economic and community development in con9 junction with the priorities in section 403(a) of the Sur10 face Mining Control and Reclamation Act of 1977 (30 11 U.S.C. 1233(a)): Provided further, That of such additional 12 amount, $75,000,000 shall be distributed in equal 13 amounts to the 3 Appalachian States with the greatest 14 amount of unfunded needs to meet the priorities described 15 in paragraphs (1) and (2) of such section, $30,000,000 16 shall be distributed in equal amounts to the 3 Appalachian 17 States with the subsequent greatest amount of unfunded 18 needs to meet such priorities, and $10,000,000 shall be 19 for grants to federally recognized Indian Tribes without 20 regard to their status as certified or uncertified under the 21 Surface Mining Control and Reclamation Act of 1977 (30 22 U.S.C. 1233(a)), for reclamation of abandoned mine lands 23 and other related activities in accordance with the terms 24 and conditions in the explanatory statement described in 25 section 4 (in the matter preceding division A of this con- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 750 1 solidated Act) and shall be used for economic and commu2 nity development in conjunction with the priorities in sec3 tion 403(a) of the Surface Mining Control and Reclama4 tion Act of 1977: Provided further, That such additional 5 amount shall be allocated to States and Indian Tribes 6 within 60 days after the date of enactment of this Act. 7 BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN 8 EDUCATION 9 OPERATION OF INDIAN PROGRAMS 10 (INCLUDING TRANSFER OF FUNDS) 11 For expenses necessary for the operation of Indian 12 programs, as authorized by law, including the Snyder Act 13 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De14 termination and Education Assistance Act of 1975 (25 15 U.S.C. 5301 et seq.), the Education Amendments of 1978 16 (25 U.S.C. 2001–2019), and the Tribally Controlled 17 Schools Act of 1988 (25 U.S.C. 2501 et seq.), 18 $2,411,200,000, to remain available until September 30, 19 2019, except as otherwise provided herein; of which not 20 to exceed $8,500 may be for official reception and rep21 resentation expenses; of which not to exceed $76,000,000 22 shall be for welfare assistance payments: Provided, That 23 in cases of designated Federal disasters, the Secretary 24 may exceed such cap, from the amounts provided herein, 25 to provide for disaster relief to Indian communities af- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 751 1 fected by the disaster: Provided further, That federally rec2 ognized Indian tribes and tribal organizations of federally 3 recognized Indian tribes may use their tribal priority allo4 cations for unmet welfare assistance costs: Provided fur5 ther, That not to exceed $673,425,000 for school oper6 ations costs of Bureau-funded schools and other education 7 programs shall become available on July 1, 2018, and 8 shall remain available until September 30, 2019: Provided 9 further, That not to exceed $53,991,000 shall remain 10 available until expended for housing improvement, road 11 maintenance, attorney fees, litigation support, land 12 records improvement, and the Navajo-Hopi Settlement 13 Program: Provided further, That notwithstanding any 14 other provision of law, including but not limited to the 15 Indian Self-Determination Act of 1975 (25 U.S.C. 5301 16 et seq.) and section 1128 of the Education Amendments 17 of 1978 (25 U.S.C. 2008), not to exceed $81,036,000 18 within and only from such amounts made available for 19 school operations shall be available for administrative cost 20 grants associated with grants approved prior to July 1, 21 2018: Provided further, That any forestry funds allocated 22 to a federally recognized tribe which remain unobligated 23 as of September 30, 2019, may be transferred during fis24 cal year 2020 to an Indian forest land assistance account 25 established for the benefit of the holder of the funds within March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 752 1 the holder’s trust fund account: Provided further, That 2 any such unobligated balances not so transferred shall ex3 pire on September 30, 2020: Provided further, That in 4 order to enhance the safety of Bureau field employees, the 5 Bureau may use funds to purchase uniforms or other iden6 tifying articles of clothing for personnel: Provided further, 7 That the Bureau of Indian Affairs may accept transfers 8 of funds from U.S. Customs and Border Protection to 9 supplement any other funding available for reconstruction 10 or repair of roads owned by the Bureau of Indian Affairs 11 as identified on the National Tribal Transportation Facil12 ity Inventory, 23 U.S.C. 202(b)(1). 13 14 CONTRACT SUPPORT COSTS For payments to tribes and tribal organizations for 15 contract support costs associated with Indian Self-Deter16 mination and Education Assistance Act agreements with 17 the Bureau of Indian Affairs for fiscal year 2018, such 18 sums as may be necessary, which shall be available for 19 obligation through September 30, 2019: Provided, That 20 notwithstanding any other provision of law, no amounts 21 made available under this heading shall be available for 22 transfer to another budget account. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 753 1 CONSTRUCTION 2 (INCLUDING TRANSFER OF FUNDS) 3 For construction, repair, improvement, and mainte- 4 nance of irrigation and power systems, buildings, utilities, 5 and other facilities, including architectural and engineer6 ing services by contract; acquisition of lands, and interests 7 in lands; and preparation of lands for farming, and for 8 construction of the Navajo Indian Irrigation Project pur9 suant to Public Law 87–483; $354,113,000, to remain 10 available until expended: Provided, That such amounts as 11 may be available for the construction of the Navajo Indian 12 Irrigation Project may be transferred to the Bureau of 13 Reclamation: Provided further, That not to exceed 6 per14 cent of contract authority available to the Bureau of In15 dian Affairs from the Federal Highway Trust Fund may 16 be used to cover the road program management costs of 17 the Bureau: Provided further, That any funds provided for 18 the Safety of Dams program pursuant to the Act of No19 vember 2, 1921 (25 U.S.C. 13), shall be made available 20 on a nonreimbursable basis: Provided further, That for fis21 cal year 2018, in implementing new construction, replace22 ment facilities construction, or facilities improvement and 23 repair project grants in excess of $100,000 that are pro24 vided to grant schools under Public Law 100–297, the 25 Secretary of the Interior shall use the Administrative and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 754 1 Audit Requirements and Cost Principles for Assistance 2 Programs contained in part 12 of title 43, Code of Federal 3 Regulations, as the regulatory requirements: Provided fur4 ther, That such grants shall not be subject to section 5 12.61 of title 43, Code of Federal Regulations; the Sec6 retary and the grantee shall negotiate and determine a 7 schedule of payments for the work to be performed: Pro8 vided further, That in considering grant applications, the 9 Secretary shall consider whether such grantee would be 10 deficient in assuring that the construction projects con11 form to applicable building standards and codes and Fed12 eral, tribal, or State health and safety standards as re13 quired by section 1125(b) of title XI of Public Law 95– 14 561 (25 U.S.C. 2005(b)), with respect to organizational 15 and financial management capabilities: Provided further, 16 That if the Secretary declines a grant application, the Sec17 retary shall follow the requirements contained in section 18 5206(f) of Public Law 100–297 (25 U.S.C. 2504(f)): Pro19 vided further, That any disputes between the Secretary 20 and any grantee concerning a grant shall be subject to 21 the disputes provision in section 5208(e) of Public Law 22 107–110 (25 U.S.C. 2507(e)): Provided further, That in 23 order to ensure timely completion of construction projects, 24 the Secretary may assume control of a project and all 25 funds related to the project, if, within 18 months of the March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 755 1 date of enactment of this Act, any grantee receiving funds 2 appropriated in this Act or in any prior Act, has not com3 pleted the planning and design phase of the project and 4 commenced construction: Provided further, That this ap5 propriation may be reimbursed from the Office of the Spe6 cial Trustee for American Indians appropriation for the 7 appropriate share of construction costs for space expan8 sion needed in agency offices to meet trust reform imple9 mentation. 10 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND 11 MISCELLANEOUS PAYMENTS TO INDIANS 12 For payments and necessary administrative expenses 13 for implementation of Indian land and water claim settle14 ments pursuant to Public Laws 99–264, 100–580, 101– 15 618, 111–11, 111–291, and 114–322, and for implemen16 tation of other land and water rights settlements, 17 $55,457,000, to remain available until expended. 18 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT 19 For the cost of guaranteed loans and insured loans, 20 $9,272,000, of which $1,252,000 is for administrative ex21 penses, as authorized by the Indian Financing Act of 22 1974: Provided, That such costs, including the cost of 23 modifying such loans, shall be as defined in section 502 24 of the Congressional Budget Act of 1974: Provided fur25 ther, That these funds are available to subsidize total loan March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 756 1 principal, any part of which is to be guaranteed or insured, 2 not to exceed $123,565,389. 3 ADMINISTRATIVE PROVISIONS 4 (INCLUDING RESCISSION OF FUNDS) 5 The Bureau of Indian Affairs may carry out the oper- 6 ation of Indian programs by direct expenditure, contracts, 7 cooperative agreements, compacts, and grants, either di8 rectly or in cooperation with States and other organiza9 tions. 10 Notwithstanding Public Law 87–279 (25 U.S.C. 15), 11 the Bureau of Indian Affairs may contract for services in 12 support of the management, operation, and maintenance 13 of the Power Division of the San Carlos Irrigation Project. 14 Notwithstanding any other provision of law, no funds 15 available to the Bureau of Indian Affairs for central office 16 oversight and Executive Direction and Administrative 17 Services (except executive direction and administrative 18 services funding for Tribal Priority Allocations, regional 19 offices, and facilities operations and maintenance) shall be 20 available for contracts, grants, compacts, or cooperative 21 agreements with the Bureau of Indian Affairs under the 22 provisions of the Indian Self-Determination Act or the 23 Tribal Self-Governance Act of 1994 (Public Law 103– 24 413). March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 757 1 In the event any tribe returns appropriations made 2 available by this Act to the Bureau of Indian Affairs, this 3 action shall not diminish the Federal Government’s trust 4 responsibility to that tribe, or the government-to-govern5 ment relationship between the United States and that 6 tribe, or that tribe’s ability to access future appropria7 tions. 8 Notwithstanding any other provision of law, no funds 9 available to the Bureau of Indian Education, other than 10 the amounts provided herein for assistance to public 11 schools under 25 U.S.C. 452 et seq., shall be available to 12 support the operation of any elementary or secondary 13 school in the State of Alaska. 14 No funds available to the Bureau of Indian Edu- 15 cation shall be used to support expanded grades for any 16 school or dormitory beyond the grade structure in place 17 or approved by the Secretary of the Interior at each school 18 in the Bureau of Indian Education school system as of 19 October 1, 1995, except that the Secretary of the Interior 20 may waive this prohibition to support expansion of up to 21 one additional grade when the Secretary determines such 22 waiver is needed to support accomplishment of the mission 23 of the Bureau of Indian Education, or more than one 24 grade to expand the elementary grade structure for Bu25 reau-funded schools with a K-2 grade structure on Octo- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 758 1 ber 1, 1996. Appropriations made available in this or any 2 prior Act for schools funded by the Bureau shall be avail3 able, in accordance with the Bureau’s funding formula, 4 only to the schools in the Bureau school system as of Sep5 tember 1, 1996, and to any school or school program that 6 was reinstated in fiscal year 2012. Funds made available 7 under this Act may not be used to establish a charter 8 school at a Bureau-funded school (as that term is defined 9 in section 1141 of the Education Amendments of 1978 10 (25 U.S.C. 2021)), except that a charter school that is 11 in existence on the date of the enactment of this Act and 12 that has operated at a Bureau-funded school before Sep13 tember 1, 1999, may continue to operate during that pe14 riod, but only if the charter school pays to the Bureau 15 a pro rata share of funds to reimburse the Bureau for 16 the use of the real and personal property (including buses 17 and vans), the funds of the charter school are kept sepa18 rate and apart from Bureau funds, and the Bureau does 19 not assume any obligation for charter school programs of 20 the State in which the school is located if the charter 21 school loses such funding. Employees of Bureau-funded 22 schools sharing a campus with a charter school and per23 forming functions related to the charter school’s operation 24 and employees of a charter school shall not be treated as March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 759 1 Federal employees for purposes of chapter 171 of title 28, 2 United States Code. 3 Notwithstanding any other provision of law, including 4 section 113 of title I of appendix C of Public Law 106– 5 113, if in fiscal year 2003 or 2004 a grantee received indi6 rect and administrative costs pursuant to a distribution 7 formula based on section 5(f) of Public Law 101–301, the 8 Secretary shall continue to distribute indirect and admin9 istrative cost funds to such grantee using the section 5(f) 10 distribution formula. 11 Funds available under this Act may not be used to 12 establish satellite locations of schools in the Bureau school 13 system as of September 1, 1996, except that the Secretary 14 may waive this prohibition in order for an Indian tribe 15 to provide language and cultural immersion educational 16 programs for non-public schools located within the juris17 dictional area of the tribal government which exclusively 18 serve tribal members, do not include grades beyond those 19 currently served at the existing Bureau-funded school, 20 provide an educational environment with educator pres21 ence and academic facilities comparable to the Bureau22 funded school, comply with all applicable Tribal, Federal, 23 or State health and safety standards, and the Americans 24 with Disabilities Act, and demonstrate the benefits of es25 tablishing operations at a satellite location in lieu of incur- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 760 1 ring extraordinary costs, such as for transportation or 2 other impacts to students such as those caused by busing 3 students extended distances: Provided, That no funds 4 available under this Act may be used to fund operations, 5 maintenance, rehabilitation, construction or other facili6 ties-related costs for such assets that are not owned by 7 the Bureau: Provided further, That the term ‘‘satellite 8 school’’ means a school location physically separated from 9 the existing Bureau school by more than 50 miles but that 10 forms part of the existing school in all other respects. 11 Of the prior year unobligated balances available for 12 the ‘‘Operation of Indian Programs’’ account, $8,000,000 13 are permanently rescinded. 14 DEPARTMENTAL OFFICES 15 OFFICE 16 DEPARTMENTAL OPERATIONS 17 OF THE SECRETARY For necessary expenses for management of the De- 18 partment of the Interior and for grants and cooperative 19 agreements, as authorized by law, $124,182,000, to re20 main available until September 30, 2019; of which not to 21 exceed $15,000 may be for official reception and represen22 tation expenses; and of which up to $1,000,000 shall be 23 available for workers compensation payments and unem24 ployment compensation payments associated with the or25 derly closure of the United States Bureau of Mines; and March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 761 1 of which $10,242,000 for the Office of Valuation Services 2 is to be derived from the Land and Water Conservation 3 Fund and shall remain available until expended. 4 5 ADMINISTRATIVE PROVISIONS For fiscal year 2018, up to $400,000 of the payments 6 authorized by chapter 69 of title 31, United States Code, 7 may be retained for administrative expenses of the Pay8 ments in Lieu of Taxes Program: Provided, That the 9 amounts provided under this Act specifically for the Pay10 ments in Lieu of Taxes program are the only amounts 11 available for payments authorized under chapter 69 of 12 title 31, United States Code: Provided further, That in the 13 event the sums appropriated for any fiscal year for pay14 ments pursuant to this chapter are insufficient to make 15 the full payments authorized by that chapter to all units 16 of local government, then the payment to each local gov17 ernment shall be made proportionally: Provided further, 18 That the Secretary may make adjustments to payment to 19 individual units of local government to correct for prior 20 overpayments or underpayments: Provided further, That 21 no payment shall be made pursuant to that chapter to oth22 erwise eligible units of local government if the computed 23 amount of the payment is less than $100. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 762 1 INSULAR AFFAIRS 2 ASSISTANCE TO TERRITORIES 3 For expenses necessary for assistance to territories 4 under the jurisdiction of the Department of the Interior 5 and other jurisdictions identified in section 104(e) of Pub6 lic Law 108–188, $96,870,000, of which: (1) $87,422,000 7 shall remain available until expended for territorial assist8 ance, including general technical assistance, maintenance 9 assistance, disaster assistance, coral reef initiative activi10 ties, and brown tree snake control and research; grants 11 to the judiciary in American Samoa for compensation and 12 expenses, as authorized by law (48 U.S.C. 1661(c)); 13 grants to the Government of American Samoa, in addition 14 to current local revenues, for construction and support of 15 governmental functions; grants to the Government of the 16 Virgin Islands, as authorized by law; grants to the Govern17 ment of Guam, as authorized by law; and grants to the 18 Government of the Northern Mariana Islands, as author19 ized by law (Public Law 94–241; 90 Stat. 272); and (2) 20 $9,448,000 shall be available until September 30, 2019, 21 for salaries and expenses of the Office of Insular Affairs: 22 Provided, That all financial transactions of the territorial 23 and local governments herein provided for, including such 24 transactions of all agencies or instrumentalities estab25 lished or used by such governments, may be audited by March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 763 1 the Government Accountability Office, at its discretion, in 2 accordance with chapter 35 of title 31, United States 3 Code: Provided further, That Northern Mariana Islands 4 Covenant grant funding shall be provided according to 5 those terms of the Agreement of the Special Representa6 tives on Future United States Financial Assistance for the 7 Northern Mariana Islands approved by Public Law 104– 8 134: Provided further, That the funds for the program of 9 operations and maintenance improvement are appro10 priated to institutionalize routine operations and mainte11 nance improvement of capital infrastructure with terri12 torial participation and cost sharing to be determined by 13 the Secretary based on the grantee’s commitment to time14 ly maintenance of its capital assets: Provided further, That 15 any appropriation for disaster assistance under this head16 ing in this Act or previous appropriations Acts may be 17 used as non–Federal matching funds for the purpose of 18 hazard mitigation grants provided pursuant to section 404 19 of the Robert T. Stafford Disaster Relief and Emergency 20 Assistance Act (42 U.S.C. 5170c). 21 22 COMPACT OF FREE ASSOCIATION For grants and necessary expenses, $3,363,000, to 23 remain available until expended, as provided for in sec24 tions 221(a)(2) and 233 of the Compact of Free Associa25 tion for the Republic of Palau; and section 221(a)(2) of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 764 1 the Compacts of Free Association for the Government of 2 the Republic of the Marshall Islands and the Federated 3 States of Micronesia, as authorized by Public Law 99– 4 658 and Public Law 108–188. 5 ADMINISTRATIVE PROVISIONS 6 (INCLUDING TRANSFER OF FUNDS) 7 At the request of the Governor of Guam, the Sec- 8 retary may transfer discretionary funds or mandatory 9 funds provided under section 104(e) of Public Law 108– 10 188 and Public Law 104–134, that are allocated for 11 Guam, to the Secretary of Agriculture for the subsidy cost 12 of direct or guaranteed loans, plus not to exceed three per13 cent of the amount of the subsidy transferred for the cost 14 of loan administration, for the purposes authorized by the 15 Rural Electrification Act of 1936 and section 306(a)(1) 16 of the Consolidated Farm and Rural Development Act for 17 construction and repair projects in Guam, and such funds 18 shall remain available until expended: Provided, That such 19 costs, including the cost of modifying such loans, shall be 20 as defined in section 502 of the Congressional Budget Act 21 of 1974: Provided further, That such loans or loan guaran22 tees may be made without regard to the population of the 23 area, credit elsewhere requirements, and restrictions on 24 the types of eligible entities under the Rural Electrifica25 tion Act of 1936 and section 306(a)(1) of the Consolidated March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 765 1 Farm and Rural Development Act: Provided further, That 2 any funds transferred to the Secretary of Agriculture shall 3 be in addition to funds otherwise made available to make 4 or guarantee loans under such authorities. 5 OFFICE 6 7 OF THE SOLICITOR SALARIES AND EXPENSES For necessary expenses of the Office of the Solicitor, 8 $66,675,000. 9 OFFICE 10 11 OF INSPECTOR GENERAL SALARIES AND EXPENSES For necessary expenses of the Office of Inspector 12 General, $51,023,000. 13 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN 14 INDIANS 15 FEDERAL TRUST PROGRAMS 16 (INCLUDING TRANSFER OF FUNDS) 17 For the operation of trust programs for Indians by 18 direct expenditure, contracts, cooperative agreements, 19 compacts, and grants, $119,400,000, to remain available 20 until expended, of which not to exceed $18,990,000 from 21 this or any other Act, may be available for historical ac22 counting: Provided, That funds for trust management im23 provements and litigation support may, as needed, be 24 transferred to or merged with the Bureau of Indian Af25 fairs and Bureau of Indian Education, ‘‘Operation of In- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 766 1 dian Programs’’ account; the Office of the Solicitor, ‘‘Sala2 ries and Expenses’’ account; and the Office of the Sec3 retary, ‘‘Departmental Operations’’ account: Provided fur4 ther, That funds made available through contracts or 5 grants obligated during fiscal year 2018, as authorized by 6 the Indian Self-Determination Act of 1975 (25 U.S.C. 7 5301 et seq.), shall remain available until expended by the 8 contractor or grantee: Provided further, That notwith9 standing any other provision of law, the Secretary shall 10 not be required to provide a quarterly statement of per11 formance for any Indian trust account that has not had 12 activity for at least 15 months and has a balance of $15 13 or less: Provided further, That the Secretary shall issue 14 an annual account statement and maintain a record of any 15 such accounts and shall permit the balance in each such 16 account to be withdrawn upon the express written request 17 of the account holder: Provided further, That not to exceed 18 $50,000 is available for the Secretary to make payments 19 to correct administrative errors of either disbursements 20 from or deposits to Individual Indian Money or Tribal ac21 counts after September 30, 2002: Provided further, That 22 erroneous payments that are recovered shall be credited 23 to and remain available in this account for this purpose: 24 Provided further, That the Secretary shall not be required 25 to reconcile Special Deposit Accounts with a balance of March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 767 1 less than $500 unless the Office of the Special Trustee 2 receives proof of ownership from a Special Deposit Ac3 counts claimant: Provided further, That notwithstanding 4 section 102 of the American Indian Trust Fund Manage5 ment Reform Act of 1994 (Public Law 103–412) or any 6 other provision of law, the Secretary may aggregate the 7 trust accounts of individuals whose whereabouts are un8 known for a continuous period of at least five years and 9 shall not be required to generate periodic statements of 10 performance for the individual accounts: Provided further, 11 That with respect to the eighth proviso, the Secretary shall 12 continue to maintain sufficient records to determine the 13 balance of the individual accounts, including any accrued 14 interest and income, and such funds shall remain available 15 to the individual account holders. 16 DEPARTMENT-WIDE PROGRAMS 17 WILDLAND FIRE MANAGEMENT 18 (INCLUDING TRANSFERS OF FUNDS) 19 For necessary expenses for fire preparedness, fire 20 suppression operations, fire science and research, emer21 gency rehabilitation, fuels management activities, and 22 rural fire assistance by the Department of the Interior, 23 $948,087,000, to remain available until expended, of 24 which not to exceed $18,427,000 shall be for the renova25 tion or construction of fire facilities: Provided, That such March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 768 1 funds are also available for repayment of advances to 2 other appropriation accounts from which funds were pre3 viously transferred for such purposes: Provided further, 4 That of the funds provided $184,000,000 is for fuels man5 agement activities: Provided further, That of the funds 6 provided $20,470,000 is for burned area rehabilitation: 7 Provided further, That persons hired pursuant to 43 8 U.S.C. 1469 may be furnished subsistence and lodging 9 without cost from funds available from this appropriation: 10 Provided further, That notwithstanding 42 U.S.C. 1856d, 11 sums received by a bureau or office of the Department 12 of the Interior for fire protection rendered pursuant to 42 13 U.S.C. 1856 et seq., protection of United States property, 14 may be credited to the appropriation from which funds 15 were expended to provide that protection, and are avail16 able without fiscal year limitation: Provided further, That 17 using the amounts designated under this title of this Act, 18 the Secretary of the Interior may enter into procurement 19 contracts, grants, or cooperative agreements, for fuels 20 management activities, and for training and monitoring 21 associated with such fuels management activities on Fed22 eral land, or on adjacent non-Federal land for activities 23 that benefit resources on Federal land: Provided further, 24 That the costs of implementing any cooperative agreement 25 between the Federal Government and any non-Federal en- March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 769 1 tity may be shared, as mutually agreed on by the affected 2 parties: Provided further, That notwithstanding require3 ments of the Competition in Contracting Act, the Sec4 retary, for purposes of fuels management activities, may 5 obtain maximum practicable competition among: (1) local 6 private, nonprofit, or cooperative entities; (2) Youth Con7 servation Corps crews, Public Lands Corps (Public Law 8 109–154), or related partnerships with State, local, or 9 nonprofit youth groups; (3) small or micro-businesses; or 10 (4) other entities that will hire or train locally a significant 11 percentage, defined as 50 percent or more, of the project 12 workforce to complete such contracts: Provided further, 13 That in implementing this section, the Secretary shall de14 velop written guidance to field units to ensure account15 ability and consistent application of the authorities pro16 vided herein: Provided further, That funds appropriated 17 under this heading may be used to reimburse the United 18 States Fish and Wildlife Service and the National Marine 19 Fisheries Service for the costs of carrying out their re20 sponsibilities under the Endangered Species Act of 1973 21 (16 U.S.C. 1531 et seq.) to consult and conference, as 22 required by section 7 of such Act, in connection with 23 wildland fire management activities: Provided further, 24 That the Secretary of the Interior may use wildland fire 25 appropriations to enter into leases of real property with March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 770 1 local governments, at or below fair market value, to con2 struct capitalized improvements for fire facilities on such 3 leased properties, including but not limited to fire guard 4 stations, retardant stations, and other initial attack and 5 fire support facilities, and to make advance payments for 6 any such lease or for construction activity associated with 7 the lease: Provided further, That the Secretary of the Inte8 rior and the Secretary of Agriculture may authorize the 9 transfer of funds appropriated for wildland fire manage10 ment, in an aggregate amount not to exceed $50,000,000, 11 between the Departments when such transfers would fa12 cilitate and expedite wildland fire management programs 13 and projects: Provided further, That funds provided for 14 wildfire suppression shall be available for support of Fed15 eral emergency response actions: Provided further, That 16 funds appropriated under this heading shall be available 17 for assistance to or through the Department of State in 18 connection with forest and rangeland research, technical 19 information, and assistance in foreign countries, and, with 20 the concurrence of the Secretary of State, shall be avail21 able to support forestry, wildland fire management, and 22 related natural resource activities outside the United 23 States and its territories and possessions, including tech24 nical assistance, education and training, and cooperation 25 with United States and international organizations. March 21, 2018 (6:08 p.m.) U:\2018REPT\OMNI\Final\RCP—FM.xml 771 1 2 CENT