PL-115-141 Consolidated Appropriations Act, 2018 US

This Act may be cited as the ``Consolidated Appropriations Act, 2018''.

Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Explanatory statement. Sec. 5. Statement of appropriations. Sec. 6. Availability of funds. Sec. 7. Adjustments to compensation.

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

Title I--Agricultural Programs Title II--Farm Production and Conservation Programs Title III--Rural Development Programs Title IV--Domestic Food Programs Title V--Foreign Assistance and Related Programs Title VI--Related Agencies and Food and Drug Administration Title VII--General Provisions

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

Title I--Department of Commerce Title II--Department of Justice Title III--Science Title IV--Related Agencies Title V--General Provisions

DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2018

Title I--Military Personnel Title II--Operation and Maintenance Title III--Procurement Title IV--Research, Development, Test and Evaluation Title V--Revolving and Management Funds Title VI--Other Department of Defense Programs Title VII--Related Agencies Title VIII--General Provisions Title IX--Overseas Contingency Operations

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

Title I--Corps of Engineers--Civil

Title II--Department of the Interior Title III--Department of Energy Title IV--Independent Agencies Title 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 I--Departmental Management, Operations, Intelligence, and Oversight Title II--Security, Enforcement, and Investigations Title III--Protection, Preparedness, Response, and Recovery Title IV--Research, Development, Training, and Services Title V--General Provisions

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

Title I--Department of the Interior Title II--Environmental Protection Agency Title III--Related Agencies Title IV--General Provisions

DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

Title I--Department of Labor Title II--Department of Health and Human Services Title III--Department of Education Title IV--Related Agencies Title V--General Provisions

DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2018

Title I--Legislative Branch Title II--General Provisions

DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

Title I--Department of Defense Title II--Department of Veterans Affairs Title III--Related Agencies Title IV--Overseas Contingency Operations Title V--General Provisions

DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2018

Title I--Department of State and Related Agency Title II--United States Agency for International Development Title III--Bilateral Economic Assistance Title IV--International Security Assistance Title V--Multilateral Assistance Title VI--Export and Investment Assistance Title VII--General Provisions Title VIII--Overseas Contingency Operations/Global War on Terrorism

DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

Title I--Department of Transportation Title II--Department of Housing and Urban Development Title III--Related Agencies Title IV--General Provisions--This Act

DIVISION M--EXTENSIONS

Title I--Airport and Airway Extension Title II--Immigration Extensions Title III--National Flood Insurance Program Extension Title IV--Pesticide Registration Improvement Act Extension Title V--Generalized System of Preferences Title VI--Judicial Redaction Authority Extension Title VII--Budgetary Effects

DIVISION N--BUILD ACT

DIVISION O--WILDFIRE SUPPRESSION FUNDING AND FOREST MANAGEMENT ACTIVITIES ACT

DIVISION P--RAY BAUM'S ACT OF 2018

DIVISION Q--KEVIN AND AVONTE'S LAW

DIVISION R--TARGET ACT

DIVISION S--OTHER MATTER

Title I--Child Protection Improvements Act Title II--Save America's Pastime Act Title III--Keep Young Athletes Safe Act Title IV--Consent of Congress to Amendments to the Constitution of the State of Arizona Title V--Stop School Violence Act Title VI--Fix NICS Act Title VII--State Sexual Risk Avoidance Education Program Title VIII--Small Business Credit Availability Act Title IX--Small Business Access to Capital After a Natural Disaster Act Title X--Taylor Force Act Title XI--FARM Act Title XII--Tipped Employees Title XIII--Revisions to Pass-Through Period and Payment Rules

DIVISION T--REVENUE PROVISIONS

DIVISION U--TAX TECHNICAL CORRECTIONS

DIVISION V--CLOUD ACT

Except as expressly provided otherwise, any reference to ``this Act'' contained in any division of this Act shall be treated as referring only to the provisions of that division.

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

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

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

(a) Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments for Members of Congress) during fiscal year 2018. (b) There is appropriated for payment to Emily Robin Minerva, heir of Louise McIntosh Slaughter, late a Representative from the State of New York, $174,000.

DIVISION <<NOTE: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018.>> A-- AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

TITLE I

AGRICULTURAL PROGRAMS

Processing, Research and Marketing

Office of the Secretary

(including transfers of funds)

For necessary expenses of the Office of the Secretary, $46,532,000, of which not to exceed $5,051,000 shall be available for the immediate Office of the Secretary; not to exceed $800,000 shall be available for the Office of the Assistant to the Secretary for Rural Development: Provided, That funds made available by this Act to an agency in the Rural Development mission area for salaries and expenses are available to fund up to one administrative support staff for the Office; not to exceed $1,496,000 shall be available for the Office of Homeland Security; not to exceed $4,711,000 shall be available for the Office of Partnerships and Public Engagement; not to exceed $23,105,000 shall be available for the Office of the Assistant Secretary for Administration, of which $22,301,000 shall be available for Departmental Administration to provide for necessary expenses for management support services to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department: Provided further, That funds made available by this Act to an agency in the Administration mission area for salaries and expenses are available to fund up to one administrative support staff for the Office; not to exceed $3,869,000 shall be available for the Office of Assistant Secretary for Congressional Relations to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch; and not to exceed $7,500,000 shall be available for the Office of Communications: Provided further, That the Secretary of Agriculture is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further, That no appropriation for any office shall be increased or decreased by more than 5 percent: Provided further, That not to exceed $11,000 of the amount made available under this paragraph for the immediate Office of the Secretary shall be available for official reception and representation expenses, not otherwise

provided for, as determined by the Secretary: Provided further, That the amount made available under this heading for Departmental Administration shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551-558: Provided further, That funds made available under this heading for the Office of the Assistant Secretary for Congressional Relations may be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel at the agency level: Provided further, That no funds made available under this heading for the Office of Assistant Secretary for Congressional Relations may be obligated after 30 days from the date of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency.

Executive Operations

office of the chief economist

For necessary expenses of the Office of the Chief Economist, $19,786,000, of which $4,000,000 shall be for grants or cooperative agreements for policy research under 7 U.S.C. 3155.

office of hearings and appeals

For necessary expenses of the Office of Hearings and Appeals, $15,222,000.

office of budget and program analysis

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

Office of the Chief Information Officer

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

Office of the Chief Financial Officer

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

Office of the Assistant Secretary for Civil Rights

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

Office of Civil Rights

For necessary expenses of the Office of Civil Rights, $24,206,000.

Agriculture Buildings and Facilities

(including transfers of funds)

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

Hazardous Materials Management

(including transfers of funds)

For necessary expenses of the Department of Agriculture, to comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), $3,503,000, to remain available until expended: Provided, That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of the Department for its use in meeting all requirements pursuant to the above Acts on Federal and non-Federal lands.

Office of Inspector General

For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978 (Public Law 95- 452; 5 U.S.C. App.), $98,208,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.), and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to the Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food Act of 1981 (Public Law 97-98).

Office of the General Counsel

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

Office of Ethics

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

Office of the Under Secretary for Research, Education, and Economics

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

funds made available by this Act to an agency in the Research, Education, and Economics mission area for salaries and expenses are available to fund up to one administrative support staff for the Office.

Economic Research Service

For necessary expenses of the Economic Research Service, $86,757,000.

National Agricultural Statistics Service

For necessary expenses of the National Agricultural Statistics Service, $191,717,000, of which up to $63,350,000 shall be available until expended for the Census of Agriculture: Provided, That amounts made available for the Census of Agriculture may be used to conduct Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).

Agricultural Research Service

salaries and expenses

For necessary expenses of the Agricultural Research Service and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,202,766,000: Provided, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $500,000, except for headhouses or greenhouses which shall each be limited to $1,800,000, except for 10 buildings to be constructed or improved at a cost not to exceed $1,100,000 each, and except for two buildings to be constructed at a cost not to exceed $3,000,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building or $500,000, whichever is greater: Provided further, That appropriations hereunder shall be available for entering into lease agreements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by the Agricultural Research Service and a condition of the lease shall be that any facility shall be owned, operated, and maintained by the non-Federal entity and shall be removed upon the expiration or termination of the lease agreement: Provided further, That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That appropriations hereunder

shall be available for granting easements at any Agricultural Research Service location for the construction of a research facility by a non- Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary finds that acceptance of the facility is in the interest of the United States: Provided further, That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural Research Service, as authorized by law.

buildings and facilities

For the acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as necessary to carry out the agricultural research programs of the Department of Agriculture, where not otherwise provided, $140,600,000 to remain available until expended.

National Institute of Food and Agriculture

research and education activities

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, $887,171,000, which shall be for the purposes, and in the amounts, specified in the table titled ``National Institute of Food and Agriculture, Research and Education Activities'' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funds for research grants for 1994 institutions, education grants for 1890 institutions, capacity building for non-land-grant colleges of agriculture, the agriculture and food research initiative, veterinary medicine loan repayment, multicultural scholars, graduate fellowship and institution challenge grants, and grants management systems shall remain available until expended: Provided further, That each institution eligible to receive funds under the Evans-Allen program receives no less than $1,000,000: Provided further, That funds for education grants for Alaska Native and Native Hawaiian-serving institutions be made available to individual eligible institutions or consortia of eligible institutions with funds awarded equally to each of the States of Alaska and Hawaii: Provided further, That funds for education grants for 1890 institutions shall be made available to institutions eligible to receive funds under 7 U.S.C. 3221 and 3222: Provided further, That not more than 5 percent of the amounts made available by this or any other Act to carry out the Agriculture and Food Research Initiative under 7 U.S.C. 450i(b) may be retained by the Secretary of Agriculture to pay administrative costs incurred by the Secretary in carrying out that authority.

native american institutions endowment fund

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

extension activities

For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $483,626,000, which shall be for the purposes, and in the amounts, specified in the table titled ``National Institute of Food and Agriculture, Extension Activities'' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funds for facility improvements at 1890 institutions shall remain available until expended: Provided further, That institutions eligible to receive funds under 7 U.S.C. 3221 for cooperative extension receive no less than $1,000,000: Provided further, That funds for cooperative extension under sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93-471 shall be available for retirement and employees' compensation costs for extension agents.

integrated activities

For the integrated research, education, and extension grants programs, including necessary administrative expenses, $37,000,000, which shall be for the purposes, and in the amounts, specified in the table titled ``National Institute of Food and Agriculture, Integrated Activities'' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funds for the Food and Agriculture Defense Initiative shall remain available until September 30, 2019: Provided further, That notwithstanding any other provision of law, indirect costs shall not be charged against any Extension Implementation Program Area grant awarded under the Crop Protection/Pest Management Program (7 U.S.C. 7626).

Office of the Under Secretary for Marketing and Regulatory Programs

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

Animal and Plant Health Inspection Service

salaries and expenses

(including transfers of funds)

For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), $981,893,000, of which $470,000, to remain available until expended, shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds (``contingency fund'') to the extent necessary to meet emergency conditions; of which $11,520,000, to remain available until expended, shall be used for the cotton pests program

for cost share purposes or for debt retirement for active eradication zones; of which $37,857,000, to remain available until expended, shall be for Animal Health Technical Services; of which $705,000 shall be for activities under the authority of the Horse Protection Act of 1970, as amended (15 U.S.C. 1831); of which $62,840,000, to remain available until expended, shall be used to support avian health; of which $4,251,000, to remain available until expended, shall be for information technology infrastructure; of which $178,170,000, to remain available until expended, shall be for specialty crop pests; of which, $9,326,000, to remain available until expended, shall be for field crop and rangeland ecosystem pests; of which $16,523,000, to remain available until expended, shall be for zoonotic disease management; of which $40,966,000, to remain available until expended, shall be for emergency preparedness and response; of which $56,000,000, to remain available until expended, shall be for tree and wood pests; of which $5,725,000, to remain available until expended, shall be for the National Veterinary Stockpile; of which up to $1,500,000, to remain available until expended, shall be for the scrapie program for indemnities; of which $2,500,000, to remain available until expended, shall be for the wildlife damage management program for aviation safety: Provided, That of amounts available under this heading for wildlife services methods development, $1,000,000 shall remain available until expended: Provided further, That of amounts available under this heading for the screwworm program, $4,990,000 shall remain available until expended; of which $3,000,000, to remain available until expended, shall be for National Bio and Agro-Defense human capital development: Provided further, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by the States of at least 40 percent: Provided further, That this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed five, of which two shall be for replacement only: Provided further, That in addition, in emergencies which threaten any segment of the agricultural production industry of the United States, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with such transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. In fiscal year 2018, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any

entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services.

buildings and facilities

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

Agricultural Marketing Service

marketing services

For necessary expenses of the Agricultural Marketing Service, $151,595,000, of which $3,000,000 shall be available for the purposes of section 12306 of Public Law 113-79: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (31 U.S.C. 9701).

limitation on administrative expenses

Not to exceed $61,227,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.

funds for strengthening markets, income, and supply (section 32)

(including transfers of funds)

Funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), shall be used only for commodity program expenses as authorized therein, and other related operating expenses, except for: (1) transfers to the Department of Commerce as authorized by the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise provided in this Act; and (3) not more than $20,705,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of 1961 (Public Law 87-128).

payments to states and possessions

For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.

limitation on inspection and weighing services expenses

Not to exceed $55,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided, That if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.

Office of the Under Secretary for Food Safety

For necessary expenses of the Office of the Under Secretary for Food Safety, $800,000: Provided, That funds made available by this Act to an agency in the Food Safety mission area for salaries and expenses are available to fund up to one administrative support staff for the Office.

Food Safety and Inspection Service

For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $50,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $1,056,844,000; and in addition, $1,000,000 may be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided further, That no fewer than 148 full-time equivalent positions shall be employed during fiscal year 2018 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of Slaughter Act (7 U.S.C. 1901 et seq.): Provided further, That not later than 180 days after the date of enactment of this Act, the Food Safety and Inspection Service shall issue equivalence determinations for all countries wishing to continue exporting Siluriformes to the United States: Provided further, That unless the requirements pursuant to the previous proviso have been met, thereafter, none of the funds made available by this or any other Act may be used to inspect, at point of entry, Siluriformes from countries exporting to the United States until all requirements under section 557.2 of title 9, Code of Federal Regulations have been met and a final determination of equivalence final rule has been published in the Federal Register adding such countries to the list under section 327.2 of title 9, Code of Federal Regulations: Provided further, That of the funds made available under this heading, $7,500,000 shall remain available until expended for public health veterinarian recruitment and retention incentives: Provided further, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and

improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building.

TITLE II

FARM PRODUCTION AND CONSERVATION PROGRAMS

Office of the Under Secretary for Farm Production and Conservation

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

Farm Production and Conservation Business Center

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

Farm Service Agency

salaries and expenses

(including transfers of funds)

For necessary expenses of the Farm Service Agency, $1,202,146,000: Provided, That not more than 50 percent of the $78,013,000 made available under this heading for information technology related to farm program delivery, including the Modernize and Innovate the Delivery of Agricultural Systems and other farm program delivery systems, may be obligated until the Secretary submits to the Committees on Appropriations of both Houses of Congress, and receives written or electronic notification of receipt from such Committees of, a plan for expenditure that (1) identifies for each project/investment over $25,000 (a) the functional and performance capabilities to be delivered and the mission benefits to be realized, (b) the estimated lifecycle cost, including estimates for development as well as maintenance and operations, and (c) key milestones to be met; (2) demonstrates that each project/investment is, (a) consistent with the Farm Service Agency Information Technology Roadmap, (b) being managed in accordance with applicable lifecycle management policies and guidance, and (c) subject to the applicable Department's capital planning and investment control requirements; and (3) has been reviewed by the Government Accountability Office and approved by the Committees on Appropriations of both Houses of Congress: Provided further, That the agency shall submit a report by the end of the fourth quarter of fiscal year 2018 to the Committees on Appropriations and the Government Accountability Office, that identifies for each project/investment that is operational (a) current performance against key

indicators of customer satisfaction, (b) current performance of service level agreements or other technical metrics, (c) current performance against a pre-established cost baseline, (d) a detailed breakdown of current and planned spending on operational enhancements or upgrades, and (e) an assessment of whether the investment continues to meet business needs as intended as well as alternatives to the investment: Provided further, That the Secretary is authorized to use the services, facilities, and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all programs administered by the Agency: Provided further, That other funds made available to the Agency for authorized activities may be advanced to and merged with this account: Provided further, That funds made available to county committees shall remain available until expended: Provided further, That none of the funds available to the Farm Service Agency shall be used to close Farm Service Agency county offices: Provided further, That none of the funds available to the Farm Service Agency shall be used to permanently relocate county based employees that would result in an office with two or fewer employees without prior notification and approval of the Committees on Appropriations of both Houses of Congress.

state mediation grants

For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended (7 U.S.C. 5101-5106), $3,904,000.

grassroots source water protection program

For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until expended.

dairy indemnity program

(including transfer of funds)

For necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program, such sums as may be necessary, to remain available until expended: Provided, That such program is carried out by the Secretary in the same manner as the dairy indemnity program described in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-12).

agricultural credit insurance fund program account

(including transfers of funds)

For gross obligations for the principal amount of direct and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans (7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.), and Indian highly fractionated land loans (25 U.S.C. 488) to be available from funds in the Agricultural

Credit Insurance Fund, as follows: $2,750,000,000 for guaranteed farm ownership loans and $1,500,000,000 for farm ownership direct loans; $1,960,000,000 for unsubsidized guaranteed operating loans and $1,530,000,000 for direct operating loans; emergency loans, $25,610,000; Indian tribe land acquisition loans, $20,000,000; guaranteed conservation loans, $150,000,000; Indian highly fractionated land loans, $10,000,000; and for boll weevil eradication program loans, $60,000,000: Provided, That the Secretary shall deem the pink bollworm to be a boll weevil for the purpose of boll weevil eradication program loans. For the cost of direct and guaranteed loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm operating loans, $61,812,000 for direct operating loans, $21,756,000 for unsubsidized guaranteed operating loans, emergency loans, $1,260,000 and $2,272,000 for Indian highly fractionated land loans to remain available until expended. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $325,068,000: Provided, That of this amount, $314,998,000 shall be transferred to and merged with the appropriation for ``Farm Service Agency, Salaries and Expenses'', of which $8,000,000 shall be available until September 30, 2019. Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among these programs: Provided, That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer.

Risk Management Agency

salaries and expenses

For necessary expenses of the Risk Management Agency, $74,829,000: Provided, That not to exceed $1,000 shall be available for official reception and representation expenses, as authorized by 7 U.S.C. 1506(i).

Natural Resources Conservation Service

conservation operations

For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests therein for use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $874,107,000,

to remain available until September 30, 2019: Provided, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations and improvements to other buildings and other public improvements shall not exceed $250,000: Provided further, That when buildings or other structures are erected on non-Federal land, that the right to use such land is obtained as provided in 7 U.S.C. 2250a: Provided further, That of the amounts made available under this heading, $5,600,000, shall remain available until expended for the authorities under 16 U.S.C. 1001-1005 and 1007-1009 for authorized ongoing watershed projects with a primary purpose of providing water to rural communities.

watershed and flood prevention operations

For necessary expenses to carry out preventive measures, including but not limited to surveys and investigations, engineering operations, works of improvement, and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and in accordance with the provisions of laws relating to the activities of the Department, $150,000,000, to remain available until expended: Provided, That for funds provided by this Act or any other prior Act, the limitation regarding the size of the watershed or subwatershed exceeding two hundred and fifty thousand acres in which such activities can be undertaken shall only apply for activities undertaken for the primary purpose of flood prevention (including structural and land treatment measures): Provided further, That of the amounts made available under this heading, $50,000,000 shall be allocated to projects and activities that can commence promptly following enactment; that address regional priorities for flood prevention, agricultural water management, inefficient irrigation systems, fish and wildlife habitat, or watershed protection; or that address authorized ongoing projects under the authorities of section 13 of the Flood Control Act of December 22, 1944 (Public Law 78-534) with a primary purpose of watershed protection by preventing floodwater damage and stabilizing stream channels, tributaries, and banks to reduce erosion and sediment transport.

watershed rehabilitation program

Under the authorities of section 14 of the Watershed Protection and Flood Prevention Act, $10,000,000 is provided: Provided, That of the amounts made available under this heading, $5,000,000 shall remain available until expended for watershed rehabilitation projects in states with high-hazard dams and other watershed structures and that have recently incurred flooding events which caused fatalities.

CORPORATIONS

The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying

out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided.

Federal Crop Insurance Corporation Fund

For payments as authorized by section 516 of the Federal Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain available until expended.

Commodity Credit Corporation Fund

reimbursement for net realized losses

(including transfers of funds)

For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds available to the Commodity Credit Corporation under section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the conduct of its business with the Foreign Agricultural Service, up to $5,000,000 may be transferred to and used by the Foreign Agricultural Service for information resource management activities of the Foreign Agricultural Service that are not related to Commodity Credit Corporation business.

hazardous waste management

(limitation on expenses)

For the current fiscal year, the Commodity Credit Corporation shall not expend more than $5,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 6961).

TITLE III

RURAL DEVELOPMENT PROGRAMS

Rural Development

salaries and expenses

(including transfers of funds)

For necessary expenses for carrying out the administration and implementation of Rural Development programs, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $230,835,000: Provided, That notwithstanding any other provision of law, funds appropriated under this heading may be used for advertising and promotional activities that support Rural Development programs: Provided further, That in addition to any other funds appropriated for purposes authorized by section 502(i) of

the Housing Act of 1949 (42 U.S.C. 1472(i)), any amounts collected under such section, as amended by this Act, will immediately be credited to this account and will remain available until expended for such purposes.

Rural Housing Service

rural housing insurance fund program account

(including transfers of funds)

For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $1,100,000,000 shall be for direct loans and $24,000,000,000 shall be for unsubsidized guaranteed loans; $28,000,000 for section 504 housing repair loans; $40,000,000 for section 515 rental housing; $230,000,000 for section 538 guaranteed multi-family housing loans; $10,000,000 for credit sales of single family housing acquired property; $5,000,000 for section 523 self-help housing land development loans; and $5,000,000 for section 524 site development loans: Provided, That section 514(f)(3)(A) of the Housing Act of 1949 (42 U.S.C. 1484(f)(3)(A)) is amended by striking ``United States'' and inserting ``United States,'' and by inserting before the semicolon the following: ``, or a person legally admitted to the United States and authorized to work in agriculture''. For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $42,350,000 shall be for direct loans; section 504 housing repair loans, $3,452,000; section 523 self-help housing land development loans, $368,000; section 524 site development loans, $58,000; and repair, rehabilitation, and new construction of section 515 rental housing, $10,524,000: Provided, That to support the loan program level for section 538 guaranteed loans made available under this heading the Secretary may charge or adjust any fees to cover the projected cost of such loan guarantees pursuant to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may not be subsidized: Provided further, That applicants in communities that have a current rural area waiver under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a rural area for purposes of section 502 guaranteed loans provided under this heading: Provided further, That of the amounts available under this paragraph for section 502 direct loans, no less than $5,000,000 shall be available for direct loans for individuals whose homes will be built pursuant to a program funded with a mutual and self-help housing grant authorized by section 523 of the Housing Act of 1949 until June 1, 2018: Provided further, That the Secretary shall implement provisions to provide incentives to nonprofit organizations and public housing authorities to facilitate the acquisition of Rural Housing Service (RHS) multifamily housing properties by such nonprofit organizations and public housing authorities that commit to keep such properties in the RHS multifamily housing program for a period of time as determined by the Secretary, with such incentives to include, but not be limited to, the following: allow such nonprofit

entities and public housing authorities to earn a Return on Investment on their own resources to include proceeds from low income housing tax credit syndication, own contributions, grants, and developer loans at favorable rates and terms, invested in a deal; and allow reimbursement of organizational costs associated with owner's oversight of asset referred to as ``Asset Management Fee'' of up to $7,500 per property. In addition, for the cost of direct loans, grants, and contracts, as authorized by sections 514 and 516 of the Housing Act of 1949 (42 U.S.C. 1484, 1486), $14,710,000, to remain available until expended, for direct farm labor housing loans and domestic farm labor housing grants and contracts: Provided, That any balances available for the Farm Labor Program Account shall be transferred to and merged with this account. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $412,254,000 shall be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses''.

rental assistance program

For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) of the Housing Act of 1949 or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $1,345,293,000, of which $40,000,000 shall be available until September 30, 2019; and in addition such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided, That rental assistance agreements entered into or renewed during the current fiscal year shall be funded for a one-year period: Provided further, That any unexpended balances remaining at the end of such one-year agreements may be transferred and used for purposes of any debt reduction; maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of the Act: Provided further, That rental assistance provided under agreements entered into prior to fiscal year 2018 for a farm labor multi-family housing project financed under section 514 or 516 of the Act may not be recaptured for use in another project until such assistance has remained unused for a period of 12 consecutive months, if such project has a waiting list of tenants seeking such assistance or the project has rental assistance eligible tenants who are not receiving such assistance: Provided further, That such recaptured rental assistance shall, to the extent practicable, be applied to another farm labor multi-family housing project financed under section 514 or 516 of the Act: Provided further, That except as provided in the third proviso under this heading and notwithstanding any other provision of the Act, the Secretary may recapture rental assistance provided under agreements entered into prior to fiscal year 2018 for a project that the Secretary determines no longer needs rental assistance and use such recaptured funds for current needs.

multi-family housing revitalization program account

For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct a demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph, $47,000,000, to remain available until expended: Provided, That of the funds made available under this heading, $25,000,000, shall be available for rural housing vouchers to any low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid after September 30, 2005: Provided further, That the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid rent for such unit: Provided further, That funds made available for such vouchers shall be subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development: Provided further, That if the Secretary determines that the amount made available for vouchers in this or any other Act is not needed for vouchers, the Secretary may use such funds for the demonstration program for the preservation and revitalization of multi- family rental housing properties described in this paragraph: Provided further, That of the funds made available under this heading, $22,000,000 shall be available for a demonstration program for the preservation and revitalization of the sections 514, 515, and 516 multi- family rental housing properties to restructure existing USDA multi- family housing loans, as the Secretary deems appropriate, expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and farm laborers including reducing or eliminating interest; deferring loan payments, subordinating, reducing or reamortizing loan debt; and other financial assistance including advances, payments and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary: Provided further, That the Secretary shall as part of the preservation and revitalization agreement obtain a restrictive use agreement consistent with the terms of the restructuring: Provided further, That if the Secretary determines that additional funds for vouchers described in this paragraph are needed, funds for the preservation and revitalization demonstration program may be used for such vouchers: Provided further, That if Congress enacts legislation to permanently authorize a multi-family rental housing loan restructuring program similar to the demonstration program described herein, the Secretary may use funds made available for the demonstration program under this heading to carry out such legislation with the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That in addition to any other available funds, the Secretary may expend not more than $1,000,000 total, from the program funds made available under this heading, for administrative expenses for activities funded under this heading.

mutual and self-help housing grants

For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to remain available until expended.

rural housing assistance grants

For grants for very low-income housing repair and rural housing preservation made by the Rural Housing Service, as authorized by 42 U.S.C. 1474, and 1490m, $40,000,000, to remain available until expended.

rural community facilities program account

(including transfers of funds)

For gross obligations for the principal amount of direct and guaranteed loans as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $2,800,000,000 for direct loans and $148,287,000 for guaranteed loans. For the cost of guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, $4,849,000, to remain available until expended. For the cost of grants for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $43,778,000, to remain available until expended: Provided, That $4,000,000 of the amount appropriated under this heading shall be available for a Rural Community Development Initiative: Provided further, That such funds shall be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development organizations, low- income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas: Provided further, That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance: Provided further, That such intermediary organizations shall provide matching funds from other sources, including Federal funds for related activities, in an amount not less than funds provided: Provided further, That $5,778,000 of the amount appropriated under this heading shall be to provide grants for facilities in rural communities with extreme unemployment and severe economic depression (Public Law 106-387), with up to 5 percent for administration and capacity building in the State rural development offices: Provided further, That $4,000,000 of the amount appropriated under this heading shall be available for community facilities grants to tribal colleges, as authorized by section 306(a)(19) of such Act: Provided further, That sections 381E-H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading.

Rural Business--Cooperative Service

rural business program account

(including transfers of funds)

For the cost of loan guarantees and grants, for the rural business development programs authorized by section 310B and described in subsections (a), (c), (f) and (g) of section 310B of the Consolidated Farm and Rural Development Act, $77,342,000, to remain available until expended: Provided, That of the amount appropriated under this heading, not to exceed $500,000 shall be made available for one grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development and $6,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C. 2009aa et seq.) and the Appalachian Regional Commission (40 U.S.C. 14101 et seq.) for any Rural Community Advancement Program purpose as described in section 381E(d) of the Consolidated Farm and Rural Development Act, of which not more than 5 percent may be used for administrative expenses: Provided further, That $4,000,000 of the amount appropriated under this heading shall be for business grants to benefit Federally Recognized Native American Tribes, including $250,000 for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development: Provided further, That sections 381E-H and 381N of the Consolidated Farm and Rural Development Act are not applicable to funds made available under this heading.

intermediary relending program fund account

(including transfer of funds)

For the principal amount of direct loans, as authorized by the Intermediary Relending Program Fund Account (7 U.S.C. 1936b), $18,889,000. For the cost of direct loans, $4,361,000, as authorized by the Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which $557,000 shall be available through June 30, 2018, for Federally Recognized Native American Tribes; and of which $1,072,000 shall be available through June 30, 2018, for Mississippi Delta Region counties (as determined in accordance with Public Law 100-460): Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, for administrative expenses to carry out the direct loan programs, $4,468,000 shall be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses''.

rural economic development loans program account

For the principal amount of direct loans, as authorized under section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, $45,000,000.

The cost of grants authorized under section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects shall not exceed $10,000,000.

rural cooperative development grants

For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932), $27,550,000, of which $2,750,000 shall be for cooperative agreements for the appropriate technology transfer for rural areas program: Provided, That not to exceed $3,000,000 shall be for grants for cooperative development centers, individual cooperatives, or groups of cooperatives that serve socially disadvantaged groups and a majority of the boards of directors or governing boards of which are comprised of individuals who are members of socially disadvantaged groups; and of which $16,000,000, to remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section 231 of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a), of which $1,000,000 shall be for Agriculture Innovation Centers authorized pursuant to section 6402 of Public Law 107-171.

rural energy for america program

For the cost of a program of loan guarantees, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $293,000: Provided, That the cost of loan guarantees, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.

Rural Utilities Service

rural water and waste disposal program account

(including transfers of funds)

For the cost of direct loans, loan guarantees, and grants for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $560,263,000, to remain available until expended, of which not to exceed $1,000,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be available for the rural utilities program described in section 306E of such Act: Provided, That not to exceed $15,000,000 of the amount appropriated under this heading shall be for grants authorized by section 306A(i)(2) of the Consolidated Farm and Rural Development Act in addition to funding authorized by section 306A(i)(1) of such Act and such grants may not exceed $1,000,000 notwithstanding section 306A(f)(1) of such Act: Provided further, That $68,000,000 of the amount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by section 306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural Development Act, and Federally Recognized Native American Tribes authorized by 306C(a)(1) of such Act: Provided

further, That funding provided for section 306D of the Consolidated Farm and Rural Development Act may be provided to a consortium formed pursuant to section 325 of Public Law 105-83: Provided further, That not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by the State of Alaska for training and technical assistance programs and not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by a consortium formed pursuant to section 325 of Public Law 105-83 for training and technical assistance programs: Provided further, That not to exceed $40,000,000 of the amount appropriated under this heading shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $8,000,000 shall be made available for a grant to a qualified nonprofit multi-State regional technical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than $800,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further, That not to exceed $19,000,000 of the amount appropriated under this heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further, That not to exceed $4,000,000 shall be for solid waste management grants: Provided further, That $10,000,000 of the amount appropriated under this heading shall be transferred to, and merged with, the Rural Utilities Service, High Energy Cost Grants Account to provide grants authorized under section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided further, That any prior year balances for high-energy cost grants authorized by section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred to and merged with the Rural Utilities Service, High Energy Cost Grants Account: Provided further, That sections 381E-H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading.

rural electrification and telecommunications loans program account

(including transfer of funds)

The principal amount of direct and guaranteed loans as authorized by sections 305, 306, and 317 of the Rural Electrification Act of 1936 (7 U.S.C. 935, 936, and 940g) shall be made as follows: loans made pursuant to sections 305, 306, and 317, notwithstanding 317(c), of that Act, rural electric, $5,500,000,000; guaranteed underwriting loans pursuant to section 313A, $750,000,000; 5 percent rural telecommunications loans, cost of money rural telecommunications loans, and for loans made pursuant to section 306 of that Act, rural telecommunications loans, $690,000,000: Provided, That up to $2,000,000,000 shall be used for the construction, acquisition,

or improvement of fossil-fueled electric generating plants (whether new or existing) that utilize carbon sequestration systems. For the cost of direct loans as authorized by section 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, cost of money rural telecommunications loans, $863,000. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $33,270,000, which shall be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses''.

distance learning, telemedicine, and broadband program

For the principal amount of broadband telecommunication loans, $29,851,000. For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq., $32,000,000, to remain available until expended: Provided, That $3,000,000 shall be made available for grants authorized by 379G of the Consolidated Farm and Rural Development Act: Provided further, That funding provided under this heading for grants under 379G of the Consolidated Farm and Rural Development Act may only be provided to entities that meet all of the eligibility criteria for a consortium as established by this section. For the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act, $5,000,000, to remain available until expended: Provided, That the cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974. In addition, $30,000,000, to remain available until expended, for a grant program to finance broadband transmission in rural areas eligible for Distance Learning and Telemedicine Program benefits authorized by 7 U.S.C. 950aaa.

TITLE IV

DOMESTIC FOOD PROGRAMS

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

For necessary expenses of the Office of the Under Secretary for Food, Nutrition, and Consumer Services, $800,000: Provided, That funds made available by this Act to an agency in the Food, Nutrition and Consumer Services mission area for salaries and expenses are available to fund up to one administrative support staff for the Office.

Food and Nutrition Service

child nutrition programs

(including transfers of funds)

For necessary expenses to carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; $24,254,139,000 to remain available

through September 30, 2019, of which such sums as are made available under section 14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), as amended by this Act, shall be merged with and available for the same time period and purposes as provided herein: Provided, That of the total amount available, $17,004,000 shall be available to carry out section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided further, That of the total amount available, $30,000,000 shall be available to provide competitive grants to State agencies for subgrants to local educational agencies and schools to purchase the equipment, with a value of greater than $1,000, needed to serve healthier meals, improve food safety, and to help support the establishment, maintenance, or expansion of the school breakfast program: Provided further, That of the total amount available, $28,000,000 shall remain available until expended to carry out section 749(g) of the Agriculture Appropriations Act of 2010 (Public Law 111-80): Provided further, That section 26(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769g(d)) is amended in the first sentence by striking ``2010 through 2017'' and inserting ``2010 through 2018'': Provided further, That section 9(h)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended in the first sentence by striking ``for fiscal year 2017'' and inserting ``for fiscal year 2018'': Provided further, That section 9(h)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended in the first sentence by striking ``for fiscal year 2017'' and inserting ``for fiscal year 2018''.

special supplemental nutrition program for women, infants, and children (wic)

For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $6,175,000,000, to remain available through September 30, 2019, of which $25,000,000 shall be placed in reserve, to remain available until expended, to be allocated as the Secretary deemed necessary, notwithstanding section 17(i) of such Act, to support participation should cost or participation exceed budget estimates: Provided, That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less than $60,000,000 shall be used for breastfeeding peer counselors and other related activities, and $14,000,000 shall be used for infrastructure: Provided further, That none of the funds provided in this account shall be available for the purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in section 17 of such Act: Provided further, That none of the funds provided shall be available for activities that are not fully reimbursed by other Federal Government departments or agencies unless authorized by section 17 of such Act: Provided further, That upon termination of a federally mandated vendor moratorium and subject to terms and conditions established by the Secretary, the Secretary may waive the requirement at 7 CFR 246.12(g)(6) at the request of a State agency.

supplemental nutrition assistance program

For necessary expenses to carry out the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), $74,013,499,000, of which $3,000,000,000, to remain available through December 31, 2019, shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program operations: Provided, That funds provided herein shall be expended in accordance with section 16 of the Food and Nutrition Act of 2008: Provided further, That of the funds made available under this heading, $998,000 may be used to provide nutrition education services to State agencies and Federally Recognized Tribes participating in the Food Distribution Program on Indian Reservations: Provided further, That this appropriation shall be subject to any work registration or workfare requirements as may be required by law: Provided further, That funds made available for Employment and Training under this heading shall remain available through September 30, 2019: Provided further, That funds made available under this heading for section 28(d)(1), section 4(b), and section 27(a) of the Food and Nutrition Act of 2008 shall remain available through September 30, 2019: Provided further, That none of the funds made available under this heading may be obligated or expended in contravention of section 213A of the Immigration and Nationality Act (8 U.S.C. 1183A): Provided further, That funds made available under this heading may be used to enter into contracts and employ staff to conduct studies, evaluations, or to conduct activities related to program integrity provided that such activities are authorized by the Food and Nutrition Act of 2008.

commodity assistance program

For necessary expenses to carry out disaster assistance and the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983; special assistance for the nuclear affected islands, as authorized by section 103(f)(2) of the Compact of Free Association Amendments Act of 2003 (Public Law 108-188); and the Farmers' Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition Act of 1966, $322,139,000, to remain available through September 30, 2019: Provided, That none of these funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program: Provided further, That notwithstanding any other provision of law, effective with funds made available in fiscal year 2018 to support the Seniors Farmers' Market Nutrition Program, as authorized by section 4402 of the Farm Security and Rural Investment Act of 2002, such funds shall remain available through September 30, 2019: Provided further, That of the funds made available under section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 15 percent for costs associated with the distribution of commodities.

nutrition programs administration

For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $153,841,000: Provided, That of the funds provided herein, $2,000,000 shall be used for the purposes of section 4404 of Public

Law 107-171, as amended by section 4401 of Public Law 110-246.

TITLE V

FOREIGN ASSISTANCE AND RELATED PROGRAMS

Office of the Under Secretary for Trade and Foreign Agricultural Affairs

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

office of codex alimentarius

For necessary expenses of the Office of Codex Alimentarius, $3,796,000.

Foreign Agricultural Service

salaries and expenses

(including transfers of funds)

For necessary expenses of the Foreign Agricultural Service, including not to exceed $250,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $199,666,000, of which no more than 6 percent shall remain available until September 30, 2019, for overseas operations to include the payment of locally employed staff: Provided, That the Service may utilize advances of funds, or reimburse this appropriation for expenditures made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food production assistance programs (7 U.S.C. 1737) and the foreign assistance programs of the United States Agency for International Development: Provided further, That funds made available for middle-income country training programs, funds made available for the Borlaug International Agricultural Science and Technology Fellowship program, and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the Foreign Agricultural Service, shall remain available until expended.

food for peace title i direct credit and food for progress program account

(including transfer of funds)

For administrative expenses to carry out the credit program of title I, Food for Peace Act (Public Law 83-480) and the Food for Progress Act of 1985, $149,000, shall be transferred to and

merged with the appropriation for ``Farm Service Agency, Salaries and Expenses''.

food for peace title ii grants

For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Food for Peace Act (Public Law 83-480), for commodities supplied in connection with dispositions abroad under title II of said Act, $1,600,000,000, to remain available until expended: Provided, That the Administrator of the United States Agency for International Development shall in each instance notify in writing the Committees on Appropriations of both Houses of Congress, the Committee on Agriculture of the House, the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House, and the Committee on Agriculture, Nutrition, and Forestry of the Senate and make publicly available online the amount and use of authority in section 202(a) of the Food for Peace Act (7 U.S.C. 1722(a)) to notwithstand the minimum level of nonemergency assistance required by section 412(e)(2) of the Food for Peace Act (7 U.S.C. 1736f(e)(2)) not later than 15 days after the date of such action.

mcgovern-dole international food for education and child nutrition program grants

For necessary expenses to carry out the provisions of section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o- 1), $207,626,000, to remain available until expended, of which $1,000,000 is for the use of recently developed potable water technologies in school feeding projects: Provided, That the Commodity Credit Corporation is authorized to provide the services, facilities, and authorities for the purpose of implementing such section, subject to reimbursement from amounts provided herein: Provided further, That of the amount made available under this heading, $10,000,000, shall remain available until expended for necessary expenses to carry out the provisions of section 3207 of the Agricultural Act of 2014 (7 U.S.C. 1726c).

commodity credit corporation export (loans) credit guarantee program account

(including transfers of funds)

For administrative expenses to carry out the Commodity Credit Corporation's Export Guarantee Program, GSM 102 and GSM 103, $8,845,000; to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, of which $6,382,000 shall be transferred to and merged with the appropriation for ``Foreign Agricultural Service, Salaries and Expenses'', and of which $2,463,000 shall be transferred to and merged with the appropriation for ``Farm Service Agency, Salaries and Expenses''.

TITLE VI

RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

Department of Health and Human Services

food and drug administration

salaries and expenses

For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92-313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose space in the District of Columbia or elsewhere; in addition to amounts appropriated to the FDA Innovation Account, for carrying out the activities described in section 1002(b)(4) of the 21st Century Cures Act (Public Law 114- 255); for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107-188; $5,138,041,000: Provided, That of the amount provided under this heading, $911,346,000 shall be derived from prescription drug user fees authorized by 21 U.S.C. 379h, and shall be credited to this account and remain available until expended; $193,291,000 shall be derived from medical device user fees authorized by 21 U.S.C. 379j, and shall be credited to this account and remain available until expended; $493,600,000 shall be derived from human generic drug user fees authorized by 21 U.S.C. 379j-42, and shall be credited to this account and remain available until expended; $40,214,000 shall be derived from biosimilar biological product user fees authorized by 21 U.S.C. 379j-52, and shall be credited to this account and remain available until expended; $18,093,000 shall be derived from animal drug user fees authorized by 21 U.S.C. 379j-12, and shall be credited to this account and remain available until expended; $9,419,000 shall be derived from generic new animal drug user fees authorized by 21 U.S.C. 379j-21, and shall be credited to this account and remain available until expended; $672,000,000 shall be derived from tobacco product user fees authorized by 21 U.S.C. 387s, and shall be credited to this account and remain available until expended: Provided further, That in addition to and notwithstanding any other provision under this heading, amounts collected for prescription drug user fees, medical device user fees, human generic drug user fees, biosimilar biological product user fees, animal drug user fees, and generic new animal drug user fees that exceed the respective fiscal year 2018 limitations are appropriated and shall be credited to this account and remain available until expended: Provided further, That fees derived from prescription drug, medical device, human generic drug, biosimilar biological product, animal drug, and generic new animal drug assessments for fiscal year 2018, including any such fees collected prior to fiscal year 2018 but credited for fiscal year 2018, shall be subject to the fiscal year 2018 limitations: Provided further, That the Secretary may accept payment during fiscal year 2018 of user fees specified under this heading and authorized for fiscal year 2019,

prior to the due date for such fees, and that amounts of such fees assessed for fiscal year 2019 for which the Secretary accepts payment in fiscal year 2018 shall not be included in amounts under this heading: Provided further, That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: Provided further, That of the total amount appropriated: (1) $1,041,615,000 shall be for the Center for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs; (2) $1,617,881,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs; (3) $359,614,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office of Regulatory Affairs; (4) $197,252,000 shall be for the Center for Veterinary Medicine and for related field activities in the Office of Regulatory Affairs; (5) $487,197,000 shall be for the Center for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs; (6) $63,331,000 shall be for the National Center for Toxicological Research; (7) $625,646,000 shall be for the Center for Tobacco Products and for related field activities in the Office of Regulatory Affairs; (8) not to exceed $172,003,000 shall be for Rent and Related activities, of which $50,559,000 is for White Oak Consolidation, other than the amounts paid to the General Services Administration for rent; (9) not to exceed $237,671,000 shall be for payments to the General Services Administration for rent; and (10) $335,831,000 shall be for other activities, including the Office of the Commissioner of Food and Drugs, the Office of Foods and Veterinary Medicine, the Office of Medical and Tobacco Products, the Office of Global and Regulatory Policy, the Office of Operations, the Office of the Chief Scientist, and central services for these offices: Provided further, That not to exceed $25,000 of this amount shall be for official reception and representation expenses, not otherwise provided for, as determined by the Commissioner: Provided further, That any transfer of funds pursuant to section 770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts made available under this heading for other activities: Provided further, That of the amounts that are made available under this heading for ``other activities'', and that are not derived from user fees, $1,500,000 shall be transferred to and merged with the appropriation for ``Department of Health and Human Services--Office of Inspector General'' for oversight of the programs and operations of the Food and Drug Administration and shall be in addition to funds otherwise made available for oversight of the Food and Drug Administration: Provided further, That of the total amount made available under this heading, $1,500,000 shall be used by the Commissioner of Food and Drugs, in coordination with the Secretary of Agriculture, for consumer outreach and education regarding agricultural biotechnology and biotechnology-derived food products and animal feed, including through publication and distribution of science-based educational information on the environmental, nutritional, food safety, economic, and humanitarian impacts of such biotechnology, food products, and feed: Provided further, That funds may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress.

In addition, mammography user fees authorized by 42 U.S.C. 263b, export certification user fees authorized by 21 U.S.C. 381, priority review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed recall fees, food reinspection fees, and voluntary qualified importer program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees authorized by 21 U.S.C. 379j-62, prescription drug wholesale distributor licensing and inspection fees authorized by 21 U.S.C. 353(e)(3), third- party logistics provider licensing and inspection fees authorized by 21 U.S.C. 360eee-3(c)(1), third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), and medical countermeasure priority review voucher user fees authorized by 21 U.S.C. 360bbb-4a, shall be credited to this account, to remain available until expended.

buildings and facilities

For plans, construction, repair, improvement, extension, alteration, demolition, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $11,788,000, to remain available until expended.

fda innovation account, cures act

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

INDEPENDENT AGENCIES

Commodity Futures Trading Commission

For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of passenger motor vehicles, and the rental of space (to include multiple year leases), in the District of Columbia and elsewhere, $249,000,000, including not to exceed $3,000 for official reception and representation expenses, and not to exceed $25,000 for the expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, of which not less than $48,000,000, to remain available until September 30, 2019, shall be for the purchase of information technology and of which not less than $2,700,000 shall be for expenses of the Office of the Inspector General: Provided, That notwithstanding the limitations in 31 U.S.C. 1553, amounts provided under

this heading are available for the liquidation of obligations equal to current year payments on leases entered into prior to the date of enactment of this Act: Provided further, That for the purpose of recording and liquidating any lease obligations that should have been recorded and liquidated against accounts closed pursuant to 31 U.S.C. 1552, and consistent with the preceding proviso, such amounts shall be transferred to and recorded in a new no-year account in the Treasury, which may be established for the sole purpose of recording adjustments for and liquidating such unpaid obligations: Provided further, That if any furlough or reduction-in-force of personnel at the Commission occurs as a result of an action under 5 U.S.C. 7119, the Commission shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate no later than 30 days after the furlough or reduction-in-force occurs detailing the agency's reasoning for conducting a furlough or reduction-in-force: Provided further, That in the report the Commission shall explain why the furlough or reduction- in-force was the only reasonable course of action in response to an action taken under 5 U.S.C. 7119: Provided further, That after the conclusion of any furlough or reduction-in-force of the Commission in response to an action taken under 5 U.S.C. 7119, the Comptroller General shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report that describes (1) the long-term cost of any pay increases the Commission must make in response to an action taken under 5 U.S.C. 7119; and (2) the operational impact of the furlough or reduction-in-force.

Farm Credit Administration

limitation on administrative expenses

Not to exceed $70,600,000 (from assessments collected from farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply to expenses associated with receiverships: Provided further, That the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.

TITLE VII

GENERAL PROVISIONS

(including rescissions and transfers of funds)

Sec. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the current fiscal year under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 71 passenger motor vehicles of which 68 shall be for replacement only, and for the hire of such vehicles: Provided, That notwithstanding this section, the only purchase of new passenger vehicles shall be for those determined by the Secretary to be necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety.

Sec. 702. Notwithstanding any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund for the acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided, That none of the funds made available by this Act or any other Act shall be transferred to the Working Capital Fund without the prior approval of the agency administrator: Provided further, That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That none of the funds appropriated by this Act or made available to the Department's Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department's National Finance Center without written notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 717 of this Act: Provided further, That none of the funds appropriated by this Act or made available to the Department's Working Capital Fund shall be available for obligation or expenditure to initiate, plan, develop, implement, or make any changes to remove or relocate any systems, missions, or functions of the offices of the Chief Financial Officer or any personnel from the National Finance Center prior to written notification to and prior approval of the Committee on Appropriations of both Houses of Congress and in accordance with the requirements of section 717 of this Act: Provided further, That the Secretary of Agriculture and the offices of the Chief Financial Officer shall actively market to existing and new Departments and other government agencies National Finance Center shared services including, but not limited to, payroll, financial management, and human capital shared services and allow the National Finance Center to perform technology upgrades: Provided further, That of annual income amounts in the Working Capital Fund of the Department of Agriculture attributable to the amounts in excess of the true costs of the shared services provided by the National Finance Center and budgeted for the National Finance Center, the Secretary shall reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for the improvement, delivery, and implementation of financial, administrative, and information technology services, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided further, That none of the amounts reserved shall be available for obligation unless the Secretary submits written notification of the obligation to the Committees on Appropriations of both Houses of Congress: Provided further, That the limitations on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center; or to evacuate employees of the National Finance Center to a safe haven to continue operations of the National Finance Center:

Provided further, That the Secretary of Agriculture shall conduct and submit a detailed cost benefit analysis to the Committees on Appropriations that includes a complete analysis of the National Finance Center data center and two other operationally comparable data centers in both size and complexity in supported applications that details and provides: (1) the cost effectiveness of each center; (2) a security analysis of each center; and (3) each center's Federal Risk and Authorization Management Program (FedRAMP) certifications status and the center's demonstrated history record and ability for maintaining Continuity of Operations Plan (COOP) functions and not miss critical operations: Provided further, That the cost-benefit analysis shall be submitted no later than 90 days after enactment of this Act to the Committees on Appropriations: Provided further, That not later than 90 days after submission of the cost-benefit analysis, the Comptroller General of the United States shall submit to the Committees on Appropriations a sufficiency review of the cost-benefit analysis, including any findings and recommendations relating to such review. Sec. 703. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 704. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. Sec. 705. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account. Sec. 706. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That, notwithstanding section 11319 of title 40, United States Code, none of the funds available to the Department of Agriculture for information technology shall be obligated for projects, contracts, or other agreements over $25,000 prior to receipt of written approval by the Chief Information Officer: Provided further, That the Chief Information Officer may authorize an agency to obligate funds without written approval from the Chief Information Officer for projects, contracts, or other agreements up to $250,000 based upon

the performance of an agency measured against the performance plan requirements described in the explanatory statement accompanying Public Law 113-235. Sec. 707. Funds made available under section 524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year. Sec. 708. Notwithstanding any other provision of law, any former RUS borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act of 1936, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313(b)(2)(B) of such Act in the same manner as a borrower under such Act. Sec. 709. Except as otherwise specifically provided by law, not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for the Farm Service Agency shall remain available through September 30, 2019, for information technology expenses: Provided, That except as otherwise specifically provided by law, unobligated balances from appropriations made available for salaries and expenses in this Act for the Rural Development mission area shall remain available through September 30, 2019, for information technology expenses. Sec. 710. None of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301-10.122 through 301-10.124 of title 41, Code of Federal Regulations. Sec. 711. In the case of each program established or amended by the Agricultural Act of 2014 (Public Law 113-79), other than by title I or subtitle A of title III of such Act, or programs for which indefinite amounts were provided in that Act, that is authorized or required to be carried out using funds of the Commodity Credit Corporation-- (1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i); and (2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section.

Sec. 712. Of the funds made available by this Act, not more than $2,000,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants. Sec. 713. None of the funds in this Act shall be available to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture that exceed 30 percent of total

Federal funds provided under each award: Provided, That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds provided by this Act for grants awarded competitively by the National Institute of Food and Agriculture shall be available to pay full allowable indirect costs for each grant awarded under section 9 of the Small Business Act (15 U.S.C. 638). Sec. 714. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. Sec. 715. Notwithstanding subsection (b) of section 14222 of Public Law 110-246 (7 U.S.C. 612c-6; in this section referred to as ``section 14222''), none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to as ``section 32'') in excess of $1,266,582,000 (exclusive of carryover appropriations from prior fiscal years), as follows: Child Nutrition Programs Entitlement Commodities--$465,000,000; State Option Contracts-- $5,000,000; Removal of Defective Commodities-- $2,500,000; Administration of Section 32 Commodity Purchases--$35,853,000: Provided, That of the total funds made available in the matter preceding this proviso that remain unobligated on October 1, 2018, such unobligated balances shall carryover into the next fiscal year and shall remain available until expended for any of the three stated purposes of section 32, except that any such carryover funds used in accordance with clause (3) of section 32 may not exceed $350,000,000 and may not be obligated until the Secretary of Agriculture provides written notification of the expenditures to the Committees on Appropriations of both Houses of Congress at least two weeks in advance: Provided further, That, with the exception of any available carryover funds authorized in the first proviso of this section to be used for the purposes of clause (3) of section 32, none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries or expenses of any employee of the Department of Agriculture to carry out clause (3) of section 32. Sec. 716. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's budget submission to the Congress for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2019 appropriations Act.

Sec. 717. (a) None of the funds provided by this Act, or provided by previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 (7 U.S.C. 2263), that-- (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees;

unless the Secretary of Agriculture, the Chairman of the Commodity Futures Trading Commission, or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority. (b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that-- (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Secretary of Agriculture, the Chairman of the Commodity Futures Trading Commission, or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority.

(c) The Secretary of Agriculture, the Chairman of the Commodity Futures Trading Commission, or the Secretary of Health and Human Services shall notify in writing and receive approval from the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act.

(d) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for-- (1) modifying major capital investments funding levels, including information technology systems, that involves increasing or decreasing funds in the current fiscal year for the individual investment in excess of $500,000 or 10 percent of the total cost, whichever is less; (2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center, office, branch, or similar entity with five or more personnel; or (3) carrying out activities or functions that were not described in the budget request; unless the agencies funded by this Act notify, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of using the funds for these purposes.

(e) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture, the Chairman of the Commodity Futures Trading Commission, or the Secretary of Health and Human Services receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section. Sec. 718. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may assess a one-time fee for any guaranteed business and industry loan in an amount that does not exceed 3 percent of the guaranteed principal portion of the loan. Sec. 719. None of the funds appropriated or otherwise made available to the Department of Agriculture, the Food and Drug Administration, the Commodity Futures Trading Commission, or the Farm Credit Administration shall be used to transmit or otherwise make available reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to any non-Department of Agriculture, non-Department of Health and Human Services, non-Commodity Futures Trading Commission, or non-Farm Credit Administration employee. Sec. 720. Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. Sec. 721. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 60 days in a fiscal year unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment.

Sec. 722. (a) There is hereby established in the Treasury of the United States a Working Capital Fund (the Fund) to be administered by the Food and Drug Administration (FDA), without fiscal year limitation, for the payment of salaries, travel, and other expenses necessary to the maintenance and operation of (1) a supply service for the purchase, storage, handling, issuance, packing, or shipping of stationery, supplies, materials, equipment, and blank forms, for which stocks may be maintained to meet, in whole or in part, the needs of the FDA and requisitions of other Government Offices, and (2) such other services as the Commissioner of the FDA, subject to review by the Secretary of Health and Human Services, determines may be performed more advantageously as central services. The Fund shall be reimbursed from applicable discretionary resources, notwithstanding any otherwise applicable purpose limitations, available when services are performed or stock furnished, or in advance, on a basis of rates which shall include estimated or actual charges for personal services, materials, equipment, information technology, and other expenses. Charges for equipment and information technology shall include costs associated with maintenance, repair, and depreciation (including improvement and replacement).

(b) Of any discretionary resources appropriated in this Act for fiscal year 2018 for ``Department of Health and Human Services, Food and Drug Administration, Salaries and Expenses'', not to exceed $5,000,000 of amounts available as of September 30 may be transferred to and merged with the Fund established under subsection (a), notwithstanding any otherwise applicable purpose limitations. (c) No amounts may be transferred pursuant to this section that are designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. Sec. 723. Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration, the Chairman of the Commodity Futures Trading Commission, and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of both Houses of Congress a detailed spending plan by program, project, and activity for all the funds made available under this Act including appropriated user fees, as defined in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). Sec. 724. Of the unobligated balances from amounts made available for the supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $800,000,000 are hereby rescinded. Sec. 725. The Secretary shall continue an intermediary loan packaging program based on the pilot program in effect for fiscal year 2013 for packaging and reviewing section 502 single family direct loans. The Secretary shall continue agreements with current intermediary organizations and with additional qualified intermediary organizations. The Secretary shall work with these organizations to increase effectiveness of the section 502 single family direct loan program in rural communities and shall set aside and make available from the national reserve section 502 loans an amount necessary to support the work of such intermediaries and provide a priority for review of such loans.

Sec. 726. For loans and loan guarantees that do not require budget authority and the program level has been established in this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 25 percent: Provided, That prior to the Secretary implementing such an increase, the Secretary notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 15 days in advance. Sec. 727. None of the credit card refunds or rebates transferred to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be available for obligation without written notification to, and the prior approval of, the Committees on Appropriations of both Houses of Congress: Provided, That the refunds or rebates so transferred shall be available for obligation only for the acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture. Sec. 728. None of the funds made available by this Act may be used to implement, administer, or enforce the ``variety'' requirements of the final rule entitled ``Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)'' published by the Department of Agriculture in the Federal Register on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary of Agriculture amends the definition of the term ``variety'' as de fined in section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and ``variety'' as applied in the definition of the term ``staple food'' as defined in section 271.2 of title 7, Code of Federal Regulations, to increase the number of items that qualify as acceptable varieties in each staple food category so that the total number of such items in each staple food category exceeds the number of such items in each staple food category included in the final rule as published on December 15, 2016: Provided, That until the Secretary promulgates such regulatory amendments, the Secretary shall apply the requirements regarding acceptable varieties and breadth of stock to Supplemental Nutrition Assistance Program retailers that were in effect on the day before the date of the enactment of the Agricultural Act of 2014 (Public Law 113-79). Sec. 729. None of the funds made available by this Act or any other Act may be used-- (1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940); or (2) to prohibit the transportation, processing, sale, or use of industrial hemp, or seeds of such plant, that is grown or cultivated in accordance with subsection section 7606 of the Agricultural Act of 2014, within or outside the State in which the industrial hemp is grown or cultivated.

Sec. 730. Funds provided by this or any prior Appropriations Act for the Agriculture and Food Research Initiative under 7 U.S.C. 450i(b) shall be made available without regard to section 7128 of the Agricultural Act of 2014 (7 U.S.C. 3371 note), under the matching requirements in laws in effect on the date before the date of enactment of such section: Provided, That the requirements of 7 U.S.C. 450i(b)(9) shall continue to apply.

Sec. 731. For tree assistance payments under section 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)) to eligible orchardists or nursery tree growers (as defined in such section) of pecan trees with a tree mortality rate that exceeds 7.5 percent (adjusted for normal mortality) and is less than 15 percent (adjusted for normal mortality), $15,000,000, to be available until expended, for losses incurred during the period beginning January 1, 2017 and ending December 31, 2017. Sec. 732. In carrying out subsection (h) of section 502 of the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture shall have the same authority with respect to loans guaranteed under such section and eligible lenders for such loans as the Secretary has under subsections (h) and (j) of section 538 of such Act (42 U.S.C. 1490p-2) with respect to loans guaranteed under such section 538 and eligible lenders for such loans. Sec. 733. None of the funds made available by this Act may be used to propose, promulgate, or implement any rule, or take any other action with respect to, allowing or requiring information intended for a prescribing health care professional, in the case of a drug or biological product subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such professional electronically (in lieu of in paper form) unless and until a Federal law is enacted to allow or require such distribution. Sec. 734. None of the funds made available by this Act may be used to notify a sponsor or otherwise acknowledge receipt of a submission for an exemption for investigational use of a drug or biological product under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Any such submission shall be deemed to have not been received by the Secretary, and the exemption may not go into effect. Sec. 735. None of the funds made available by this or any other Act may be used to carry out the final rule promulgated by the Food and Drug Administration and put into effect November 16, 2015, in regards to the hazard analysis and risk-based preventive control requirements of the current good manufacturing practice, hazard analysis, and risk-based preventive controls for food for animals rule with respect to the regulation of the production, distribution, sale, or receipt of dried spent grain byproducts of the alcoholic beverage production process. Sec. 736. Funds made available under title II of the Food for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide assistance to recipient nations if adequate monitoring and controls, as determined by the Administrator, are in place to ensure that emergency food aid is received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inappropriate purposes. Sec. 737. There is hereby appropriated $1,996,000 to carry out section 1621 of Public Law 110-246. Sec. 738. No partially hydrogenated oils as defined in the order published by the Food and Drug Administration in the Federal Register on June 17, 2015 (80 Fed. Reg. 34650 et seq.) shall be deemed unsafe within the meaning of section 409(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(a)) and no food that

is introduced or delivered for introduction into interstate commerce that bears or contains a partially hydrogenated oil shall be deemed adulterated under sections 402(a)(1) or 402(a)(2)(C)(i) of this Act by virtue of bearing or containing a partially hydrogenated oil until the compliance date as specified in such order (June 18, 2018). Sec. 739. For the cost of refinancing a loan pursuant to section 749 of division A of Public Law 115-31, and in addition to amounts provided by that section, for any borrower identified by the Federal Financing Bank for refinancing a loan where the modification calculation methodology used for such refinancing pursuant to section 185 of Office of Management and Budget Circular No. A-11 results in a cost to the pilot program, $5,000,000, to remain available until expended: Provided, That these funds shall also be available for refinancing a loan pursuant to any extension or expansion of this pilot program that is enacted subsequent to this Act for those same borrowers. Sec. 740. None of the funds made available by this Act may be used by the Secretary of Agriculture, acting through the Food and Nutrition Service, to commence any new research and evaluation projects until the Secretary submits to the Committees on Appropriations of both Houses of Congress a research and evaluation plan for fiscal year 2018, prepared in coordination with the Research, Education, and Economics mission area of the Department of Agriculture, and a period of 30 days beginning on the date of the submission of the plan expires to permit Congressional review of the plan. Sec. 741. There is hereby appropriated $8,000,000, to remain available until expended, to carry out section 6407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided, That the Secretary may allow eligible entities to offer loans to customers in any part of their service territory and to offer loans to replace a manufactured housing unit with another manufactured housing unit, if replacement would be more cost effective in saving energy: Provided further, That funds provided in section 769 of division A, Public Law 115-31, shall remain available until September 30, 2019. Sec. 742. (a) The Secretary of Agriculture shall-- (1) conduct audits in a manner that evaluates the following factors in the country or region being audited, as applicable-- (A) veterinary control and oversight; (B) disease history and vaccination practices; (C) livestock demographics and traceability; (D) epidemiological separation from potential sources of infection; (E) surveillance practices; (F) diagnostic laboratory capabilities; and (G) emergency preparedness and response; and (2) promptly make publicly available the final reports of any audits or reviews conducted pursuant to subsection (1).

(b) This section shall be applied in a manner consistent with United States obligations under its international trade agreements. Sec. 743. There is hereby appropriated $1,000,000 for the Secretary to carry out a pilot program that provides forestry inventory analysis, forest management and economic outcomes modelling for certain currently enrolled Conservation Reserve Program participants. The Secretary shall allow the Commodity Credit Corporation

to enter into agreements with and provide grants to qualified non-profit organizations dedicated to conservation, forestry and wildlife habitats, that also have experience in conducting accurate forest inventory analysis through the use of advanced, cost-effective technology. The Secretary shall focus the analysis on lands enrolled for at least eight years and located in areas with a substantial concentration of acres enrolled under conservation practices devoted to multiple bottomland hardwood tree species including CP03, CP03A, CP11, CP22, CP31 and CP40. Sec. 744. None of the funds made available by this Act may be used to carry out any activities or incur any expense related to the issuance of licenses under section 3 of the Animal Welfare Act (7 U.S.C. 2133), or the renewal of such licenses, to class B dealers who sell dogs and cats for use in research, experiments, teaching, or testing. Sec. 745. In addition to amounts otherwise made available by this Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is appropriated $4,000,000, to remain available until expended, to implement non-renewable agreements on eligible lands, including flooded agricultural lands, as determined by the Secretary, under the Water Bank Act (16 U.S.C. 1301-1311). Sec. 746. (a)(1) No Federal funds made available for this fiscal year for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for a project for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term ``iron and steel products'' means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Secretary of Agriculture (in this section referred to as the ``Secretary'') or the designee of the Secretary finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.

(c) If the Secretary or the designee receives a request for a waiver under this section, the Secretary or the designee shall make available to the public on an informal basis a copy of the request and information available to the Secretary or the designee concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Secretary or the designee shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Department.

(d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Secretary may retain up to 0.25 percent of the funds appropriated in this Act for ``Rural Utilities Service--Rural Water and Waste Disposal Program Account'' for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. (f) Subsection (a) shall not apply with respect to a project for which the engineering plans and specifications include use of iron and steel products otherwise prohibited by such subsection if the plans and specifications have received required approvals from State agencies prior to the date of enactment of this Act. (g) For purposes of this section, the terms ``United States'' and ``State'' shall include each of the several States, the District of Columbia, and each federally recognized Indian tribe. Sec. 747. The Secretary shall set aside for Rural Economic Area Partnership (REAP) Zones, until August 15, 2018, an amount of funds made available in title III under the headings of Rural Housing Insurance Fund Program Account, Mutual and Self-Help Housing Grants, Rural Housing Assistance Grants, Rural Community Facilities Program Account, Rural Business Program Account, Rural Development Loan Fund Program Account, and Rural Water and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones. Sec. 748. For the purposes of determining eligibility or level of program assistance for Rural Development programs the Secretary shall not include incarcerated prison populations. Sec. 749. There is hereby appropriated $1,000,000, to remain available until expended, for a pilot program for the Secretary to provide grants to qualified non-profit organizations and public housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers to facilitate the acquisition of RHS multi-family housing properties in areas where the Secretary determines a risk of loss of affordable housing, by non-profit housing organizations and public housing authorities as authorized by law that commit to keep such properties in the RHS multi-family housing program for a period of time as determined by the Secretary. Sec. 750. Beginning on the date of enactment of this Act through fiscal year 2019, notwithstanding any other provision of law, any fee issued by the State's Electronic Benefit Transfer contractor and subcontractors, including Affiliates of the contractor or subcontractor, related to the switching or routing of benefits for Department of Agriculture domestic food assistance programs shall be prohibited: Provided, That for purposes of this provision, the term ``switching'' means the routing of an intrastate or interstate transaction that consists of transmitting the details of a transaction electronically recorded through the use of an electronic benefit transfer card in one State to the issuer of the card that may be in the same or different State. Sec. 751. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913.

Sec. 752. (a) The Secretary of Agriculture (referred to in this section as the ``Secretary'') shall carry out a pilot program during fiscal year 2018 with respect to the 2017 crop year for county-level agriculture risk coverage payments under section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), that provides all or some of the State Farm Service Agency offices in each State the opportunity to provide agricultural producers in the State a supplemental payment described in subsection (c) based on the alternate calculation method described in subsection (b) for 1 or more counties in a State if the office for that State determines that the alternate calculation method is necessary to ensure that, to the maximum extent practicable, there are not significant yield calculation disparities between comparable counties in the State. (b) The alternate calculation method referred to in subsection (a) is a method of calculating the actual yield for the 2017 crop year for county-level agriculture risk coverage payments under section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), under which-- (1) county data of the National Agricultural Statistics Service (referred to in this section as ``NASS data'') is used for the calculations; (2) if there is insufficient NASS data for a county (as determined under standards of the Secretary in effect as of the date of enactment of this Act) or the available NASS data produces a substantially disparate result, the calculation of the county yield is determined using comparable contiguous county NASS data as determined by the Farm Service Agency office in the applicable State; and (3) if there is insufficient NASS data for a comparable contiguous county (as determined under standards of the Secretary in effect as of the date of enactment of this Act), the calculation of the county yield is determined using reliable yield data from other sources, such as Risk Management Agency data, National Agricultural Statistics Service district data, National Agricultural Statistics Service State yield data, or other data as determined by the Farm Service Agency office in the applicable State.

(c)(1) A supplemental payment made under the pilot program established under this section may be made to an agricultural producer who is subject to the alternate calculation method described in subsection (b) if that agricultural producer would otherwise receive a county-level agriculture risk coverage payment for the 2017 crop year in an amount that is less than the payment that the agricultural producer would receive under the alternate calculation method. (2) The amount of a supplemental payment to an agricultural producer under this section may not exceed the difference between-- (A) the payment that the agricultural producer would have received without the alternate calculation method described in subsection (b); and (B) the payment that the agricultural producer would receive using the alternate calculation method.

(d)(1) There is appropriated to the Secretary, out of funds of the Treasury not otherwise appropriated, $5,000,000, to remain available until September 30, 2019, to carry out the pilot program described in this section.

(2) Of the funds appropriated, the Secretary shall use not more than $5,000,000 to carry out the pilot program described in this section. (e)(1) To the maximum extent practicable, the Secretary shall select States to participate in the pilot program under this section so the cost of the pilot program equals the amount provided under subsection (d). (2) To the extent that the cost of the pilot program exceeds the amount made available, the Secretary shall reduce all payments under the pilot program on a pro rata basis. (f) Nothing in this section affects the calculation of actual yield for purposes of county-level agriculture risk coverage payments under section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)) other than payments made in accordance with the pilot program under this section. (g) A calculation of actual yield made using the alternate calculation method described in subsection (b) shall not be used as a basis for any agriculture risk coverage payment determinations under section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017) other than for purposes of the pilot program under this section. Sec. 753. For an additional amount for ``National Institute of Food and Agriculture--Research and Education Activities'', $6,000,000, to be available until expended, for relocation expenses and for the alteration and repair of leased buildings and improvements pursuant to 7 U.S.C. 2250: Provided, That not later than 60 days after enactment of this Act, the Secretary of Agriculture shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate detailing the planned uses of this funding. Sec. 754. The Secretary of Agriculture and the Secretary's designees are hereby granted the same access to information and subject to the same requirements applicable to the Secretary of Housing and Urban Development as provided in section 453 of the Social Security Act (42 U.S.C. 653) and section 6103(1)(7)(D)(ix) of the Internal Revenue Code of 1986 (26 U.S.C. 1603(1)(7)(D)(ix)) to verify the income for individuals participating in sections 502, 504, 521, and 524 of the Housing Act of 1949 (42 U.S.C. 1972, 1474, 1490a, and 1490r), notwithstanding section 453(l)(1) of the Social Security Act. Sec. 755. In addition to amounts otherwise made available by this Act under the heading ``Domestic Food Programs--Food and Nutrition Services--Child Nutrition Programs'', there is appropriated $2,000,000, to remain available until September 30, 2019, to allow allied professional associations to develop a training program for school nutrition personnel that focuses on school food service meal preparation and workforce development. Sec. 756. None of the funds made available by this Act may be used to procure raw or processed poultry products imported into the United States from the People's Republic of China for use in the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Child and Adult Care Food Program under section 17 of such Act (42 U.S.C. 1766), the Summer Food Service Program for Children under section 13 of such Act (42 U.S.C. 1761), or the school breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).

Sec. 757. In response to an eligible community where the drinking water supplies are inadequate due to a natural disaster, as determined by the Secretary, including drought or severe weather, the Secretary may provide potable water through the Emergency Community Water Assistance Grant Program for an additional period of time not to exceed 120 days beyond the established period provided under the Program in order to protect public health. Sec. 758. Section 502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)), is amended by striking paragraph (1) and inserting the following: ``(1) Authority; maximum amount.--To the extent provided in advance in appropriations Acts, the Secretary may assess and collect a fee for a lender to access the automated underwriting systems of the Department in connection with such lender's participation in the single family loan program under this section and only in an amount necessary to cover the costs of information technology enhancements, improvements, maintenance, and development for automated underwriting systems used in connection with the single family loan program under this section, except that such fee shall not exceed $50 per loan.''.

Sec. 759. Of the total amounts made available by this Act for direct loans and grants in the following headings: ``Rural Housing Service--Rural Housing Insurance Fund Program Account''; ``Rural Housing Service--Mutual and Self-Help Housing Grants''; ``Rural Economic Infrastructure Grants''; ``Rural Housing Service--Rural Community Facilities Program Account''; ``Rural Business-Cooperative Service-- Rural Business Program Account''; ``Rural Business-Cooperative Service-- Rural Economic Development Loans Program Account''; ``Rural Business- Cooperative Service--Rural Cooperative Development Grants''; ``Rural Utilities Service--Rural Water and Waste Disposal Program Account''; and ``Rural Utilities Service--Rural Electrification and Telecommunications Loans Program Account'', at least 10 percent of the funds shall be allocated for assistance in persistent poverty counties under this section, including, notwithstanding any other provision regarding population limits, any county seat of such a persistent poverty county that has a population that does not exceed the authorized population limit by more than 10 percent: Provided, That for purposes of this section, the term ``persistent poverty counties'' means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1980, 1990, and 2000 decennial censuses, and 2007-2011 American Community Survey 5-year average: Provided further, That with respect to specific activities for which program levels have been made available by this Act that are not supported by budget authority, the requirements of this section shall be applied to such program level. Sec. 760. (a) No funds shall be used to finalize the proposed rule entitled ``Eligibility of the People's Republic of China (PRC) to Export to the United States Poultry Products from Birds Slaughtered in the PRC'' published in the Federal Register by the Department of Agriculture on June 16, 2017 (82 Fed. Reg. 27625), unless the Secretary of Agriculture shall-- (1) ensure that the poultry slaughter inspection system for the PRC is equivalent to that of the United States;

(2) ensure that, before any poultry products can enter the United States from any such poultry plant, such poultry products comply with all other applicable requirements for poultry products in interstate commerce in the United States; (3) conduct periodic verification reviews and audits of any such plants in the PRC intending to export into the United States processed poultry products; (4) conduct re-inspection of such poultry products at United States ports-of-entry to check the general condition of such products, for the proper certification and labeling of such products, and for any damage to such products that may have occurred during transportation; and (5) ensure that shipments of any such poultry products selected to enter the United States are subject to additional re-inspection procedures at appropriate levels to verify that the products comply with relevant Federal regulations or standards, including examinations for product defects and laboratory analyses to detect harmful chemical residues or pathogen testing appropriate for the products involved.

(b) This section shall be applied in a manner consistent with obligations of the United States under any trade agreement to which the United States is a party. Sec. 761. (a) Section 2 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1002) is amended in the matter following paragraph (3) by striking ``$5,000,000'' and inserting ``$25,000,000''. (b) Section 5 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1005) is amended-- (1) in paragraph (3), by striking ``$5,000,000'' and inserting ``$25,000,000''; and (2) in paragraph (4), by striking ``$5,000,000'' and inserting ``$25,000,000''.

Sec. 762. In addition to funds appropriated in this Act, there is hereby appropriated $116,000,000, to remain available until expended, under the heading ``Food for Peace Title II Grants'': Provided, That the funds made available under this section shall be used for the purposes set forth in the Food for Peace Act for both emergency and non- emergency purposes. Sec. 763. In addition to any other funds made available in this Act or any other Act, there is appropriated $5,000,000 to carry out section 18(g)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)), to remain available until expended. Sec. 764. None of the funds made available by this Act may be used by the Food and Drug Administration to develop, issue, promote, or advance any regulations applicable to food manufacturers for population- wide sodium reduction actions or to develop, issue, promote or advance final guidance applicable to food manufacturers for long term population-wide sodium reduction actions until the date on which a dietary reference intake report with respect to sodium is completed. Sec. 765. Pursuant to section 185 of Public Law 114-223 (as added by Public Law 114-254 (130 Stat. 1018)), the Secretary of Agriculture may provide financial and technical assistance to remove and dispose of debris and sediment that could adversely affect health and safety on non-Federal land in a flood-affected county or parish: Provided, That such assistance may be used to restore pre-disaster hydraulic capacity of the watershed: Provided

further, That such assistance may not be used to correct an operation and maintenance issue that existed prior to the disaster. Sec. 766. Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended by adding at the end the following: ``(m) Exemption From Certain Reporting Requirements.-- ``(1) Definition of exempted producer.--In this subsection, the term `exempted producer' means a producer or landowner eligible to participate in any conservation program administered by the Secretary. ``(2) Exemption.--Notwithstanding the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note), the requirements of parts 25 and 170 of title 2, Code of Federal Regulations (and any successor regulations), shall not apply with respect to assistance received by an exempted producer from the Secretary, acting through the Natural Resources Conservation Service.''.

Sec. 767. There is hereby appropriated $600,000 for the purposes of section 727 of division A of Public Law 112-55. Sec. 768. None of the funds made available by this Act may be used in contravention of-- (1) section 9(b)(10) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(10)); or (2) section 245.8 of title 7, Code of Federal Regulations.

Sec. 769. There is hereby appropriated $1,000,000, to remain available until September 30, 2019, for the cost of loans and grants that is consistent with section 4206 of the Agricultural Act of 2014, for necessary expenses of the Secretary to support projects that provide access to healthy food in underserved areas, to create and preserve quality jobs, and to revitalize low-income communities. Sec. 770. During fiscal year 2018, the Food and Drug Administration shall not allow the introduction or delivery for introduction into interstate commerce of any food that contains genetically engineered salmon until the FDA publishes final labeling guidelines for informing consumers of such content. Sec. 771. For an additional amount for ``Animal and Plant Health Inspection Service--Salaries and Expenses'', $7,500,000, to remain available until September 30, 2019, for one-time control and management and associated activities directly related to the multiple-agency response to citrus greening. Sec. 772. (a) The Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6931) is amended-- (1) by striking ``Subtitle B--Farm and Foreign Agricultural Services'' and inserting ``Subtitle B--Farm Production and Conservation''; and (2) by revising section 225 to read as follows:

``SEC. 225. UNDER SECRETARY OF AGRICULTURE FOR FARM PRODUCTION AND CONSERVATION.

``(a) Authorization.--The Secretary is authorized to establish in the Department the position of Under Secretary of Agriculture for Farm Production and Conservation. ``(b) Confirmation Required.--If the Secretary establishes the position of Under Secretary of Agriculture for Farm Production and Conservation authorized under subsection (a), the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.

``(c) Functions of Undersecretary.--The Under Secretary of Agriculture for Farm Production and Conservation shall perform such functions and duties as the Secretary shall prescribe. ``(d) Succession.--Any official who is serving as Under Secretary of Agriculture for Farm and Foreign Agricultural Services on the date of the enactment of this Act and who was appointed by the President, by and with the advice and consent of the Senate, shall not be required to be reappointed under subsection (b) to the successor position authorized under subsection (a).''. (b) Section 5314 of title 5, United States Code, is amended by striking ``Under Secretary of Agriculture for Farm and Foreign Agricultural Services.'' and inserting ``Under Secretary of Agriculture for Farm Production and Conservation.'' and ``Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs.''. Sec. 773. None of the funds made available by this or any other Act may be used to enforce the final rule promulgated by the Food and Drug Administration entitled ``Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption,'' and published on November 27, 2015, with respect to the regulation of the production, distribution, sale, or receipt of grape varietals that are grown, harvested and used solely for wine and receive commercial processing that adequately reduces the presence of microorganisms of public health significance. Sec. 774. None of the funds made available by this Act may be used to revoke an exception made-- (1) pursuant to the rule entitled ``Exceptions to Geographic Areas for Official Agencies Under the USGSA'' published by the Department of Agriculture in the Federal Register on April 18, 2003 (68 Fed. Reg. 19137, 19139); and (2) on a date before April 14, 2017.

Sec. 775. There is hereby appropriated $20,000,000, to remain available until expended, for an additional amount for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C 950aaa et seq., to help address the opioid epidemic in rural America. Sec. 776. For school year 2018-2019, only a school food authority that had a negative balance in the nonprofit school food service account as of January 31, 2018, shall be required to establish a price for paid lunches in accordance with Section 12(p) of the Richard B. Russell National School Lunch Act, 42 U.S.C. 1760(p). Sec. 777. There is hereby appropriated $5,000,000, to remain available until September 30, 2019, for a pilot program for the National Institute of Food and Agriculture to provide grants to nonprofit organizations for programs and services to establish and enhance farming and ranching opportunities for military veterans. Sec. 778. For an additional amount for ``Department of Health and Human Services--Food and Drug Administration--Salaries and Expenses'', $94,000,000, to remain available until expended, in addition to amounts otherwise made available for necessary expenses of processing opioid and other articles imported or offered for import through international mail facilities of the U.S. Postal Service: Provided, That such additional amounts shall also be available for expanding and enhancing inspection capacity related to such processing activity (including but not limited to increasing staffing, obtaining necessary equipment and supplies, and expanding and upgrading infrastructure, laboratory facilities, and data libraries): Provided further, That amounts appropriated under this section

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

(2) not provide advance notification of such grant awards to any person outside of the Department of Agriculture or the Food and Drug Administration except potential awardees, until such information is posted, as described in paragraph (1).

Sec. 782. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel-- (1) to inspect horses under section 3 of the Federal Meat Inspection Act (21 U.S.C. 603); (2) to inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; Public Law 104-127); or (3) to implement or enforce section 352.19 of title 9, Code of Federal Regulations (or a successor regulation).

Sec. 783. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out the Biomass Crop Assistance Program authorized by section 9011 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111). This division may be cited as the ``Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018''.

DIVISION <<NOTE: Commerce, Justice, Science, and Related Agencies Appropriations Act, 2018. Department of Commerce Appropriations Act, 2018.>> B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

TITLE I

DEPARTMENT OF COMMERCE

International Trade Administration

operations and administration

For necessary expenses for international trade activities of the Department of Commerce provided for by law, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to sections 3702 and 3703 of title 44, United States Code; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration between two points abroad, without regard to section 40118 of title 49, United States Code; employment of citizens of the United States and aliens by contract for services; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $294,300 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $45,000 per vehicle; obtaining insurance on official motor vehicles; and rental of tie lines, $495,000,000, to remain available until September 30, 2019, of which $13,000,000 is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding section 3302 of

title 31, United States Code: Provided, That, of amounts provided under this heading, not less than $16,400,000 shall be for China antidumping and countervailing duty enforcement and compliance activities: Provided further, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities; and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities.

Bureau of Industry and Security

operations and administration

For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of citizens of the United States and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $13,500 for official representation expenses abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law, $113,500,000, to remain available until expended: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further, That payments and contributions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments.

Economic Development Administration

economic development assistance programs

For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, for trade adjustment assistance, and for grants authorized by section 27 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722), $262,500,000, to remain available until expended, of which $21,000,000 shall be for grants under such section 27.

salaries and expenses

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

Provided, That these funds may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976, title II of the Trade Act of 1974, section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722), and the Community Emergency Drought Relief Act of 1977.

Minority Business Development Agency

minority business development

For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with public or private organizations, $39,000,000.

Economic and Statistical Analysis

salaries and expenses

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

Bureau of the Census

current surveys and programs

For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics, provided for by law, $270,000,000: Provided, That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities: Provided further, That the Bureau of the Census shall collect and analyze data for the Annual Social and Economic Supplement to the Current Population Survey using the same health insurance questions included in previous years, in addition to the revised questions implemented in the Current Population Survey beginning in February 2014.

periodic censuses and programs

(including transfer of funds)

For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics for periodic censuses and programs provided for by law, $2,544,000,000, to remain available until September 30, 2020: Provided, That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities: Provided further, That within the amounts appropriated, $2,580,000 shall be transferred to the ``Office of Inspector General'' account for activities associated with carrying out investigations and audits related to the Bureau of the Census: Provided further, That not more than 50 percent of the amounts made available under this heading for information technology related to 2020 census delivery, including the Census Enterprise Data Collection and Processing (CEDCaP) program, may be obligated until the Secretary updates the previous expenditure plan and resubmits to the Committees on Appropriations of the House of Representatives and the Senate a plan for expenditure that: (1) identifies

for each CEDCaP project/investment over $25,000: (A) the functional and performance capabilities to be delivered and the mission benefits to be realized; (B) an updated estimated lifecycle cost, including cumulative expenditures to date by fiscal year, and all revised estimates for development, maintenance, and operations; (C) key milestones to be met; and (D) impacts of cost variances on other Census programs; (2) details for each project/investment: (A) reasons for any cost and schedule variances; and (B) top risks and mitigation strategies; and (3) has been submitted to the Government Accountability Office.

National Telecommunications and Information Administration

salaries and expenses

For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $39,500,000, to remain available until September 30, 2019: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: Provided further, That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended: Provided further, That $7,500,000 shall be to update the national broadband availability map in coordination with the Federal Communications Commission and using partnerships previously developed with the States.

public telecommunications facilities, planning and construction

For the administration of prior-year grants, recoveries and unobligated balances of funds previously appropriated are available for the administration of all open grants until their expiration.

United States Patent and Trademark Office

salaries and expenses

(including transfers of funds)

For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, $3,500,000,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collections of fees and surcharges assessed and collected by the USPTO under any law are received during fiscal year 2018, so as to result in a fiscal year 2018 appropriation from the general

fund estimated at $0: Provided further, That during fiscal year 2018, should the total amount of such offsetting collections be less than $3,500,000,000 this amount shall be reduced accordingly: Provided further, That any amount received in excess of $3,500,000,000 in fiscal year 2018 and deposited in the Patent and Trademark Fee Reserve Fund shall remain available until expended: Provided further, That the Director of USPTO shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That any amounts reprogrammed in accordance with the preceding proviso shall be transferred to the United States Patent and Trademark Office ``Salaries and Expenses'' account: Provided further, That from amounts provided herein, not to exceed $900 shall be made available in fiscal year 2018 for official reception and representation expenses: Provided further, That in fiscal year 2018 from the amounts made available for ``Salaries and Expenses'' for the USPTO, the amounts necessary to pay (1) the difference between the percentage of basic pay contributed by the USPTO and employees under section 8334(a) of title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) as provided by the Office of Personnel Management (OPM) for USPTO's specific use, of basic pay, of employees subject to subchapter III of chapter 83 of that title, and (2) the present value of the otherwise unfunded accruing costs, as determined by OPM for USPTO's specific use of post-retirement life insurance and post- retirement health benefits coverage for all USPTO employees who are enrolled in Federal Employees Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI), shall be transferred to the Civil Service Retirement and Disability Fund, the FEGLI Fund, and the FEHB Fund, as appropriate, and shall be available for the authorized purposes of those accounts: Provided further, That any differences between the present value factors published in OPM's yearly 300 series benefit letters and the factors that OPM provides for USPTO's specific use shall be recognized as an imputed cost on USPTO's financial statements, where applicable: Provided further, That, notwithstanding any other provision of law, all fees and surcharges assessed and collected by USPTO are available for USPTO only pursuant to section 42(c) of title 35, United States Code, as amended by section 22 of the Leahy-Smith America Invents Act (Public Law 112-29): Provided further, That within the amounts appropriated, $1,000,000 shall be transferred to the ``Office of Inspector General'' account for activities associated with carrying out investigations and audits related to the USPTO.

National Institute of Standards and Technology

scientific and technical research and services

(including transfer of funds)

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

expended, of which not to exceed $9,000,000 may be transferred to the ``Working Capital Fund'': Provided, That not to exceed $20,000 shall be for official reception and representation expenses: Provided further, That NIST may provide local transportation for summer undergraduate research fellowship program participants.

industrial technology services

For necessary expenses for industrial technology services, $155,000,000, to remain available until expended, of which $140,000,000 shall be for the Hollings Manufacturing Extension Partnership, and of which $15,000,000 shall be for the National Network for Manufacturing Innovation (also known as ``Manufacturing USA'').

construction of research facilities

For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by sections 13 through 15 of the National Institute of Standards and Technology Act (15 U.S.C. 278c- 278e), $319,000,000, to remain available until expended: Provided, That the Secretary of Commerce shall include in the budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Institute of Standards and Technology construction project having a total multi-year program cost of more than $5,000,000, and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years.

National Oceanic and Atmospheric Administration

operations, research, and facilities

(including transfer of funds)

For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; pilot programs for state- led fisheries management, notwithstanding any other provision of law; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $3,536,331,000, to remain available until September 30, 2019, except that funds provided for cooperative enforcement shall remain available until September 30, 2020: Provided, That fees and donations received by the National Ocean Service for the management of national marine sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding section 3302 of title 31, United States Code: Provided further, That in addition, $144,000,000 shall be derived by transfer from the fund entitled ``Promote and Develop Fishery Products and Research Pertaining to American Fisheries'', which shall only be used for fishery activities related to the Saltonstall-Kennedy

Grant Program, Cooperative Research, Annual Stock Assessments, Survey and Monitoring Projects, Interjurisdictional Fisheries Grants, and Fish Information Networks: Provided further, That of the $3,697,831,000 provided for in direct obligations under this heading, $3,536,331,000 is appropriated from the general fund, $144,000,000 is provided by transfer, and $17,500,000 is derived from recoveries of prior year obligations: Provided further, That any deviation from the amounts designated for specific activities in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further, That in addition, for necessary retired pay expenses under the Retired Serviceman's Family Protection and Survivor Benefits Plan, and for payments for the medical care of retired personnel and their dependents under the Dependents' Medical Care Act (10 U.S.C. ch. 55), such sums as may be necessary.

procurement, acquisition and construction

(including transfer of funds)

For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $2,290,684,000, to remain available until September 30, 2020, except that funds provided for acquisition and construction of vessels and construction of facilities shall remain available until expended: Provided, That of the $2,303,684,000 provided for in direct obligations under this heading, $2,290,684,000 is appropriated from the general fund and $13,000,000 is provided from recoveries of prior year obligations: Provided further, That any deviation from the amounts designated for specific activities in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further, That the Secretary of Commerce shall include in budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Oceanic and Atmospheric Administration procurement, acquisition or construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years: Provided further, That, within the amounts appropriated, $1,302,000 shall be transferred to the ``Office of Inspector General'' account for activities associated with carrying out investigations and audits related to satellite procurement, acquisition and construction.

pacific coastal salmon recovery

For necessary expenses associated with the restoration of Pacific salmon populations, $65,000,000, to remain available until September 30, 2019: Provided, That, of the funds provided herein,

the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the Federally recognized tribes of the Columbia River and Pacific Coast (including Alaska), for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed, for maintaining populations necessary for exercise of tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce: Provided further, That all funds shall be allocated based on scientific and other merit principles and shall not be available for marketing activities: Provided further, That funds disbursed to States shall be subject to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds.

fishermen's contingency fund

For carrying out the provisions of title IV of Public Law 95-372, not to exceed $349,000, to be derived from receipts collected pursuant to that Act, to remain available until expended.

fishery disaster assistance

For the necessary expenses associated with the mitigation of fishery disasters, $20,000,000 to remain available until expended: Provided, That funds shall be used for mitigating the effects of commercial fishery failures and fishery resource disasters as declared by the Secretary of Commerce.

fisheries finance program account

Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2018, obligations of direct loans may not exceed $24,000,000 for Individual Fishing Quota loans and not to exceed $100,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936.

Departmental Management

salaries and expenses

For necessary expenses for the management of the Department of Commerce provided for by law, including not to exceed $4,500 for official reception and representation, $63,000,000.

renovation and modernization

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

office of inspector general

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

General Provisions--Department of Commerce

(including transfer of funds)

Sec. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest. Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902). Sec. 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce. Sec. 104. The requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112-55), as amended by section 105 of title I of division B of Public Law 113-6, are hereby adopted by reference and made applicable with respect to fiscal year 2018: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000 and the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $10,828,059,000.

Sec. 105. Notwithstanding any other provision of law, the Secretary may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services.

Sec. 106. Nothing in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks. Sec. 107. The Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian tribal government, Territory, or possession, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration. Sec. 108. The National Technical Information Service shall not charge any customer for a copy of any report or document generated by the Legislative Branch unless the Service has provided information to the customer on how an electronic copy of such report or document may be accessed and downloaded for free online. Should a customer still require the Service to provide a printed or digital copy of the report or document, the charge shall be limited to recovering the Service's cost of processing, reproducing, and delivering such report or document. Sec. 109. The Secretary of Commerce may waive the requirement for bonds under 40 U.S.C. 3131 with respect to contracts for the construction, alteration, or repair of vessels, regardless of the terms of the contracts as to payment or title, when the contract is made under the Coast and Geodetic Survey Act of 1947 (33 U.S.C. 883a et seq.). Sec. 110. To carry out the responsibilities of the National Oceanic and Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to: (1) enter into grants and cooperative agreements with; (2) use on a non-reimbursable basis land, services, equipment, personnel, and facilities provided by; and (3) receive and expend funds made available on a consensual basis from: a Federal agency, State or subdivision thereof, local government, tribal government, territory, or possession or any subdivisions thereof: Provided, That funds received for permitting and related regulatory activities pursuant to this section shall be deposited under the heading ``National Oceanic and Atmospheric Administration--Operations, Research, and Facilities'' and shall remain available until September 30, 2020, for such purposes: Provided further, That all funds within this section and their corresponding uses are subject to section 505 of this Act. Sec. 111. Amounts provided by this Act or by any prior appropriations Act that remain available for obligation, for necessary expenses of the programs of the Economics and Statistics Administration of the Department of Commerce, including amounts provided for programs of the Bureau of Economic Analysis and the Bureau of the Census, shall be available for expenses of cooperative agreements with appropriate entities, including any Federal, State, or local governmental unit, or institution of higher education, to aid and promote statistical, research, and methodology activities which further the purposes for which such amounts have been made available. This title may be cited as the ``Department of Commerce Appropriations Act, 2018''.

TITLE II

DEPARTMENT OF JUSTICE

General Administration

salaries and expenses

For expenses necessary for the administration of the Department of Justice, $114,000,000, of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended.

justice information sharing technology

(including transfer of funds)

For necessary expenses for information sharing technology, including planning, development, deployment and departmental direction, $35,000,000, to remain available until expended: Provided, That the Attorney General may transfer up to $35,400,000 to this account, from funds available to the Department of Justice for information technology, to remain available until expended, for enterprise-wide information technology initiatives: Provided further, That the transfer authority in the preceding proviso is in addition to any other transfer authority contained in this Act: Provided further, That any transfer pursuant to the first proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

executive office for immigration review

(including transfer of funds)

For expenses necessary for the administration of immigration-related activities of the Executive Office for Immigration Review, $504,500,000, of which $4,000,000 shall be derived by transfer from the Executive Office for Immigration Review fees deposited in the ``Immigration Examinations Fee'' account: Provided, That not to exceed $35,000,000 of the total amount made available under this heading shall remain available until expended.

office of inspector general

For necessary expenses of the Office of Inspector General, $97,250,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character.

United States Parole Commission

salaries and expenses

For necessary expenses of the United States Parole Commission as authorized, $13,308,000: Provided, That, notwithstanding any other provision of law, upon the expiration of a term of office of a Commissioner, the Commissioner may continue to act until a successor has been appointed.

Legal Activities

salaries and expenses, general legal activities

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; the administration of pardon and clemency petitions; and rent of private or Government-owned space in the District of Columbia, $897,500,000, of which not to exceed $20,000,000 for litigation support contracts shall remain available until expended: Provided, That of the amount provided for INTERPOL Washington dues payments, not to exceed $685,000 shall remain available until expended: Provided further, That of the total amount appropriated, not to exceed $9,000 shall be available to INTERPOL Washington for official reception and representation expenses: Provided further, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to ``Salaries and Expenses, General Legal Activities'' from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That of the amount appropriated, such sums as may be necessary shall be available to the Civil Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel Management for such salaries and expenses: Provided further, That of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended. In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $10,000,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.

salaries and expenses, antitrust division

For expenses necessary for the enforcement of antitrust and kindred laws, $164,977,000, to remain available until expended: Provided, That notwithstanding any other provision of law, fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and estimated to be $126,000,000 in fiscal year 2018), shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2018, so as to result in a final fiscal year 2018 appropriation from the general fund estimated at $38,977,000.

salaries and expenses, united states attorneys

For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $2,136,750,000: Provided, That of the total amount appropriated, not to exceed $7,200 shall be available for official reception and representation expenses: Provided further, That not to exceed $25,000,000 shall remain available until expended: Provided further, That each United States Attorney shall establish or participate in a task force on human trafficking.

united states trustee system fund

For necessary expenses of the United States Trustee Program, as authorized, $225,908,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, deposits to the United States Trustee System Fund and amounts herein appropriated shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, fees collected pursuant to section 589a(b) of title 28, United States Code, shall be retained and used for necessary expenses in this appropriation and shall remain available until expended: Provided further, That to the extent that fees collected in fiscal year 2018, net of amounts necessary to pay refunds due depositors, exceed $225,908,000, those excess amounts shall be available in future fiscal years only to the extent provided in advance in appropriations Acts: Provided further, That the sum herein appropriated from the general fund shall be reduced (1) as such fees are received during fiscal year 2018, net of amounts necessary to pay refunds due depositors, (estimated at $231,000,000) and (2) to the extent that any remaining general fund appropriations can be derived from amounts deposited in the Fund in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2018 appropriation from the general fund estimated at $0.

salaries and expenses, foreign claims settlement commission

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

fees and expenses of witnesses

For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, and for expenses of foreign counsel, $270,000,000, to remain available until expended, of which not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehicles for witness security caravans; and not to exceed $15,000,000 is for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses: Provided, That amounts made available under this heading may not be transferred pursuant to section 205 of this Act.

salaries and expenses, community relations service

(including transfer of funds)

For necessary expenses of the Community Relations Service, $15,500,000: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for conflict resolution and violence prevention activities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

assets forfeiture fund

For expenses authorized by subparagraphs (B), (F), and (G) of section 524(c)(1) of title 28, United States Code, $20,514,000, to be derived from the Department of Justice Assets Forfeiture Fund.

United States Marshals Service

salaries and expenses

For necessary expenses of the United States Marshals Service, $1,311,492,000, of which not to exceed $6,000 shall be available for official reception and representation expenses, and not to exceed $15,000,000 shall remain available until expended.

construction

For construction in space controlled, occupied or utilized by the United States Marshals Service for prisoner holding and related support, $53,400,000, to remain available until expended.

federal prisoner detention

(including transfer of funds)

For necessary expenses related to United States prisoners in the custody of the United States Marshals Service as authorized by section 4013 of title 18, United States Code, $1,536,000,000, to remain available until expended: Provided, That not to exceed $20,000,000 shall be considered ``funds appropriated for State and local law enforcement assistance'' pursuant to section 4013(b) of title 18, United States Code: Provided further, That the United States Marshals Service shall be responsible for managing the Justice Prisoner and Alien Transportation System: Provided further, That any unobligated balances available from funds appropriated under the heading ``General Administration, Detention Trustee'' shall be transferred to and merged with the appropriation under this heading.

National Security Division

salaries and expenses

(including transfer of funds)

For expenses necessary to carry out the activities of the National Security Division, $101,031,000, of which not to exceed $5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such amounts to this heading from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

Interagency Law Enforcement

interagency crime and drug enforcement

For necessary expenses for the identification, investigation, and prosecution of individuals associated with the most significant drug trafficking organizations, transnational organized crime, and money laundering organizations not otherwise provided for, to include inter- governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in transnational organized crime and drug trafficking, $542,850,000, of which $50,000,000 shall remain available until expended: Provided, That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation.

Federal Bureau of Investigation

salaries and expenses

For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States, $9,030,202,000, of which not to exceed $216,900,000 shall remain available until expended: Provided, That not to exceed $184,500 shall be available for official reception and representation expenses.

construction

For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings, facilities and sites by purchase, or as otherwise authorized by law; conversion, modification and extension of federally owned buildings; preliminary planning and design of projects; and operation and maintenance of secure work environment facilities and secure networking capabilities; $370,000,000, to remain available until expended.

Drug Enforcement Administration

salaries and expenses

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C of title 28, United States Code; and expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs, $2,190,326,000, of which not to exceed $75,000,000 shall remain available until expended and not to exceed $90,000 shall be available for official reception and representation expenses.

Bureau of Alcohol, Tobacco, Firearms and Explosives

salaries and expenses

For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $1,293,776,000, of which not to exceed $36,000 shall be for official reception and representation expenses, not to exceed $1,000,000 shall be available for the payment of attorneys' fees as provided by section 924(d)(2) of title 18, United States Code, and not to exceed $20,000,000 shall remain available until expended: Provided, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further, That such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further, That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments.

Federal Prison System

salaries and expenses

(including transfer of funds)

For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $7,114,000,000: Provided, That the Attorney General may transfer to the Department of Health and Human Services such amounts as may be necessary for direct expenditures by that Department for medical relief for inmates of Federal penal and correctional institutions: Provided further, That the Director of the Federal Prison System, where necessary, may enter into contracts

with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $5,400 shall be available for official reception and representation expenses: Provided further, That not to exceed $50,000,000 shall remain available for necessary operations until September 30, 2019: Provided further, That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses: Provided further, That the Director of the Federal Prison System may accept donated property and services relating to the operation of the prison card program from a not-for-profit entity which has operated such program in the past, notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System relating to the operation of pre-release services, halfway houses, or other custodial facilities.

buildings and facilities

For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $161,571,000, to remain available until expended: Provided, That labor of United States prisoners may be used for work performed under this appropriation.

federal prison industries, incorporated

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation.

limitation on administrative expenses, federal prison industries, incorporated

Not to exceed $2,700,000 of the funds of the Federal Prison Industries, Incorporated, shall be available for its administrative expenses, and for services as authorized by section 3109 of title 5, United States Code, to be computed on an accrual basis to be determined in accordance with the corporation's current prescribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of

facilities and other property belonging to the corporation or in which it has an interest.

State and Local Law Enforcement Activities

Office on Violence Against Women

violence against women prevention and prosecution programs

(including transfer of funds)

For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) (``the 1968 Act''); the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (Public Law 108-21); the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); the Violence Against Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act''); and the Rape Survivor Child Custody Act of 2015 (Public Law 114-22) (``the 2015 Act''); and for related victims services, $492,000,000, to remain available until expended, which shall be derived by transfer from amounts available for obligation in this Act from the Fund established by section 1402 of chapter XIV of title II of Public Law 98-473 (34 U.S.C. 20101), notwithstanding section 1402(d) of such Act of 1984, and merged with the amounts otherwise made available under this heading: Provided, That except as otherwise provided by law, not to exceed 5 percent of funds made available under this heading may be used for expenses related to evaluation, training, and technical assistance: Provided further, That of the amount provided-- (1) $215,000,000 is for grants to combat violence against women, as authorized by part T of the 1968 Act; (2) $35,000,000 is for transitional housing assistance grants for victims of domestic violence, dating violence, stalking, or sexual assault as authorized by section 40299 of the 1994 Act; (3) $3,500,000 is for the National Institute of Justice for research and evaluation of violence against women and related issues addressed by grant programs of the Office on Violence Against Women, which shall be transferred to ``Research, Evaluation and Statistics'' for administration by the Office of Justice Programs; (4) $11,000,000 is for a grant program to provide services to advocate for and respond to youth victims of domestic violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs to engage men and youth in preventing such violence; and assistance to middle and high school students through education and other services related to such violence: Provided,

That unobligated balances available for the programs authorized by sections 41201, 41204, 41303, and 41305 of the 1994 Act, prior to its amendment by the 2013 Act, shall be available for this program: Provided further, That 10 percent of the total amount available for this grant program shall be available for grants under the program authorized by section 2015 of the 1968 Act: Provided further, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this program; (5) $53,000,000 is for grants to encourage arrest policies as authorized by part U of the 1968 Act, of which $4,000,000 is for a homicide reduction initiative; (6) $35,000,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act; (7) $40,000,000 is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act; (8) $20,000,000 is for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act; (9) $45,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act; (10) $5,000,000 is for enhanced training and services to end violence against and abuse of women in later life, as authorized by section 40802 of the 1994 Act; (11) $16,000,000 is for grants to support families in the justice system, as authorized by section 1301 of the 2000 Act: Provided, That unobligated balances available for the programs authorized by section 1301 of the 2000 Act and section 41002 of the 1994 Act, prior to their amendment by the 2013 Act, shall be available for this program; (12) $6,000,000 is for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act; (13) $500,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as authorized by section 41501 of the 1994 Act; (14) $1,000,000 is for analysis and research on violence against Indian women, including as authorized by section 904 of the 2005 Act: Provided, That such funds may be transferred to ``Research, Evaluation and Statistics'' for administration by the Office of Justice Programs; (15) $500,000 is for a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of American Indian and Alaska Native women; (16) $4,000,000 is for grants to assist tribal governments in exercising special domestic violence criminal jurisdiction, as authorized by section 904 of the 2013 Act: Provided, That the grant conditions in section 40002(b) of the 1994 Act shall apply to this program; and (17) $1,500,000 for the purposes authorized under the 2015 Act.

Office of Justice Programs

research, evaluation and statistics

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

state and local law enforcement assistance

(including transfer of funds)

For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of 2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109-164); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386); the NICS Improvement Amendments Act of 2007 (Public Law 110-180); subtitle D of title II of the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance Act of 2007 (Public Law 110-199); the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (Public Law 110-403); the Victims of Crime Act of 1984 (Public Law 98-473);

the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 (Public Law 110-416); the Violence Against Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 Act''); the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114- 198) (``CARA''); the Justice for All Reauthorization Act of 2016 (Public Law 114-324); and other programs, $1,677,500,000, to remain available until expended as follows-- (1) $415,500,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act (except that section 1001(c), and the special rules for Puerto Rico under section 505(g) of title I of the 1968 Act shall not apply for purposes of this Act), of which, notwithstanding such subpart 1, $10,000,000 is for the Officer Robert Wilson III Memorial Initiative on Preventing Violence Against Law Enforcement Officer Resilience and Survivability (VALOR), $5,000,000 is for an initiative to support evidence-based policing, $2,500,000 is for an initiative to enhance prosecutorial decision-making, $2,400,000 is for the operationalization, maintenance and expansion of the National Missing and Unidentified Persons System, $2,500,000 is for a national training initiative to improve police-based responses to people with mental illness or developmental disabilities, $20,000,000 is for competitive and evidence-based programs to reduce gun crime and gang violence, $2,000,000 is for a student loan repayment assistance program pursuant to section 952 of Public Law 110-315, $15,500,000 is for prison rape prevention and prosecution grants to states and units of local government, and other programs, as authorized by the Prison Rape Elimination Act of 2003 (Public Law 108-79), and $16,000,000 is for emergency law enforcement assistance for events occurring during or after fiscal year 2018, as authorized by section 609M of the Justice Assistance Act of 1984 (34 U.S.C. 50101); (2) $240,000,000 for the State Criminal Alien Assistance Program, as authorized by section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no jurisdiction shall request compensation for any cost greater than the actual cost for Federal immigration and other detainees housed in State and local detention facilities; (3) $77,000,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of Public Law 106-386, for programs authorized under Public Law 109-164, or programs authorized under Public Law 113-4; (4) $3,000,000 for the Capital Litigation Improvement Grant Program, as authorized by section 426 of Public Law 108-405, and for grants for wrongful conviction review; (5) $14,000,000 for economic, high technology, white collar and Internet crime prevention grants, including as authorized by section 401 of Public Law 110-403; (6) $20,000,000 for sex offender management assistance, as authorized by the Adam Walsh Act, and related activities; (7) $22,500,000 for the matching grant program for law enforcement armor vests, as authorized by section 2501 of title I of the 1968 Act: Provided, That $1,500,000 is transferred directly to the National Institute of Standards and Technology's

Office of Law Enforcement Standards for research, testing and evaluation programs; (8) $1,000,000 for the National Sex Offender Public Website; (9) $75,000,000 for grants to States to upgrade criminal and mental health records for the National Instant Criminal Background Check System, of which no less than $25,000,000 shall be for grants made under the authorities of the NICS Improvement Amendments Act of 2007 (Public Law 110-180); (10) $30,000,000 for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act; (11) $130,000,000 for DNA-related and forensic programs and activities, of which-- (A) $120,000,000 is for a DNA analysis and capacity enhancement program and for other local, State, and Federal forensic activities, including the purposes authorized under section 2 of the DNA Analysis Backlog Elimination Act of 2000 (Public Law 106-546) (the Debbie Smith DNA Backlog Grant Program): Provided, That up to 4 percent of funds made available under this paragraph may be used for the purposes described in the DNA Training and Education for Law Enforcement, Correctional Personnel, and Court Officers program (Public Law 108- 405, section 303); (B) $6,000,000 is for the purposes described in the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program (Public Law 108-405, section 412); and (C) $4,000,000 is for Sexual Assault Forensic Exam Program grants, including as authorized by section 304 of Public Law 108-405; (12) $47,500,000 for a grant program for community-based sexual assault response reform; (13) $12,000,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act; (14) $35,000,000 for assistance to Indian tribes; (15) $85,000,000 for offender reentry programs and research, as authorized by the Second Chance Act of 2007 (Public Law 110- 199), without regard to the time limitations specified at section 6(1) of such Act, of which not to exceed $6,000,000 is for a program to improve State, local, and tribal probation or parole supervision efforts and strategies, $5,000,000 is for Children of Incarcerated Parents Demonstrations to enhance and maintain parental and family relationships for incarcerated parents as a reentry or recidivism reduction strategy, and $4,000,000 is for additional replication sites employing the Project HOPE Opportunity Probation with Enforcement model implementing swift and certain sanctions in probation, and for a research project on the effectiveness of the model: Provided, That up to $7,500,000 of funds made available in this paragraph may be used for performance-based awards for Pay for Success projects, of which up to $5,000,000 shall be for Pay for Success programs implementing the Permanent Supportive Housing Model; (16) $75,000,000 for the Comprehensive School Safety Initiative;

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

Provided, That, if a unit of local government uses any of the funds made available under this heading to increase the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform non- administrative public sector safety service.

juvenile justice programs

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

process: Provided, That of the amounts provided under this paragraph, $500,000 shall be for a competitive demonstration grant program to support emergency planning among State, local and tribal juvenile justice residential facilities; (2) $94,000,000 for youth mentoring grants; (3) $27,500,000 for delinquency prevention, as authorized by section 505 of the 1974 Act, of which, pursuant to sections 261 and 262 thereof-- (A) $5,000,000 shall be for the Tribal Youth Program; (B) $4,000,000 shall be for gang and youth violence education, prevention and intervention, and related activities; (C) $500,000 shall be for an Internet site providing information and resources on children of incarcerated parents; (D) $2,000,000 shall be for competitive grants focusing on girls in the juvenile justice system; (E) $8,000,000 shall be for community-based violence prevention initiatives, including for public health approaches to reducing shootings and violence; and (F) $8,000,000 shall be for an opioid-affected youth initiative; (4) $21,000,000 for programs authorized by the Victims of Child Abuse Act of 1990; (5) $76,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (Public Law 110-401) shall not apply for purposes of this Act); (6) $2,000,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act; and (7) $2,000,000 for a program to improve juvenile indigent defense:

Provided, That not more than 10 percent of each amount may be used for research, evaluation, and statistics activities designed to benefit the programs or activities authorized: Provided further, That not more than 2 percent of the amounts designated under paragraphs (1) through (3) and (6) may be used for training and technical assistance: Provided further, That the two preceding provisos shall not apply to grants and projects administered pursuant to sections 261 and 262 of the 1974 Act and to missing and exploited children programs.

public safety officer benefits

(including transfer of funds)

For payments and expenses authorized under section 1001(a)(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $24,800,000 for payments authorized by section 1201(b) of such Act and for educational assistance authorized by section 1218 of such Act, to remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding

for such disability and education payments, the Attorney General may transfer such amounts to ``Public Safety Officer Benefits'' from available appropriations for the Department of Justice as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

Community Oriented Policing Services

community oriented policing services programs

(including transfer of funds)

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

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

General Provisions--Department of Justice

(including transfer of funds)

Sec. 201. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses. Sec. 202. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void. Sec. 203. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. Sec. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons. Sec. 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. Sec. 206. None of the funds made available under this title may be used by the Federal Bureau of Prisons or the United States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner. Sec. 207. (a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. (b) Subsection (a) does not preclude the rental, maintenance, or purchase of audiovisual or electronic media or equipment for inmate training, religious, or educational programs. Sec. 208. None of the funds made available under this title shall be obligated or expended for any new or enhanced information

technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that the information technology program has appropriate program management controls and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice. Sec. 209. The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts designated for specific activities in this Act and in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), and to any use of deobligated balances of funds provided under this title in previous years. Sec. 210. None of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget Circular A-76 or any successor administrative regulation, directive, or policy for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated. Sec. 211. Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of section 545 of title 28, United States Code. Sec. 212. At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this title under the headings ``Research, Evaluation and Statistics'', ``State and Local Law Enforcement Assistance'', and ``Juvenile Justice Programs''-- (1) up to 3 percent of funds made available to the Office of Justice Programs for grant or reimbursement programs may be used by such Office to provide training and technical assistance; and (2) up to 2 percent of funds made available for grant or reimbursement programs under such headings, except for amounts appropriated specifically for research, evaluation, or statistical programs administered by the National Institute of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National Institute of Justice and the Bureau of Justice Statistics, to be used by them for research, evaluation, or statistical purposes, without regard to the authorizations for such grant or reimbursement programs.

Sec. 213. Upon request by a grantee for whom the Attorney General has determined there is a fiscal hardship, the Attorney General may, with respect to funds appropriated in this or any other Act making appropriations for fiscal years 2015 through 2018 for the following programs, waive the following requirements: (1) For the adult and juvenile offender State and local reentry demonstration projects under part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631 et seq.), the requirements under section 2976(g)(1) of such part (34 U.S.C. 10631(g)(1)).

(2) For State, Tribal, and local reentry courts under part FF of title I of such Act of 1968 (34 U.S.C. 10631 et seq.), the requirements under section 2978(e)(1) and (2) of such part (34 U.S.C. 10633(e)(1) and (2)). (3) For the prosecution drug treatment alternatives to prison program under part CC of title I of such Act of 1968 (34 U.S.C. 10581), the requirements under the second sentence of section 2901(f) of such part (34 U.S.C. 10581(f)).

Sec. 214. Notwithstanding any other provision of law, section 20109(a) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts made available by this or any other Act. Sec. 215. None of the funds made available under this Act, other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. Sec. 216. (a) None of the income retained in the Department of Justice Working Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation during fiscal year 2018, except up to $40,000,000 may be obligated for implementation of a unified Department of Justice financial management system. (b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation in fiscal year 2018, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. (c) Not to exceed $10,000,000 of the excess unobligated balances available under section 524(c)(8)(E) of title 28, United States Code, shall be available for obligation during fiscal year 2018, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. Sec. 217. Discretionary funds that are made available in this Act for the Office of Justice Programs may be used to participate in Performance Partnership Pilots authorized under section 526 of division H of Public Law 113-76, section 524 of division G of Public Law 113-235, section 525 of division H of Public Law 114-113, and such authorities as are enacted for Performance Partnership Pilots in an appropriations Act for fiscal years 2017 and 2018. This title may be cited as the ``Department of Justice Appropriations Act, 2018''.

TITLE III

SCIENCE

Office of Science and Technology Policy

For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, not to exceed $2,250 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $5,544,000.

National Space Council

For necessary expenses of the National Space Council, in carrying out the purposes of Title V of Public Law 100-685 and Executive Order 13803, hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, not to exceed $2,250 for official reception and representation expenses, $1,965,000: Provided, That notwithstanding any other provision of law, the National Space Council may accept personnel support from Federal agencies, departments, and offices, and such Federal agencies, departments, and offices may detail staff without reimbursement to the National Space Council for purposes provided herein.

National Aeronautics and Space Administration

science

For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $6,221,500,000, to remain available until September 30, 2019: Provided, That the formulation and development costs (with development cost as defined under section 30104 of title 51, United States Code) for the James Webb Space Telescope shall not exceed $8,000,000,000: Provided further, That should the individual identified under subsection (c)(2)(E) of section 30104 of title 51, United States Code, as responsible for the James Webb Space Telescope determine that the development cost of the program is likely to exceed that limitation, the individual shall immediately notify the Administrator and the increase shall be treated as if it meets the 30 percent threshold described in subsection (f) of section 30104: Provided further, That, of the amounts provided, $595,000,000 is for an orbiter and a lander to meet the science goals for the Jupiter Europa mission as outlined in the most recent planetary science decadal survey: Provided further, That the National Aeronautics and Space

Administration shall use the Space Launch System as the launch vehicles for the Jupiter Europa mission, plan for an orbiter launch no later than 2022 and a lander launch no later than 2024, and include in the fiscal year 2020 budget the 5-year funding profile necessary to achieve these goals.

aeronautics

For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $685,000,000, to remain available until September 30, 2019.

space technology

For necessary expenses, not otherwise provided for, in the conduct and support of space technology research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $760,000,000, to remain available until September 30, 2019: Provided, That $130,000,000 shall be for RESTORE.

exploration

For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $4,790,000,000, to remain available until September 30, 2019: Provided, That not less than $1,350,000,000 shall be for the Orion Multi-Purpose Crew Vehicle: Provided further, That not less than $2,150,000,000 shall be for the Space Launch System (SLS) launch vehicle, which shall have a lift capability not less than 130 metric tons and which shall have core elements and an Exploration Upper Stage developed simultaneously: Provided further, That of the amounts provided for SLS, not less than $300,000,000 shall be for Exploration Upper Stage development: Provided further, That $895,000,000 shall be for Exploration Ground Systems, including $350,000,000 for a second mobile launch platform and associated

SLS activities: Provided further, That the National Aeronautics and Space Administration (NASA) shall provide to the Committees on Appropriations of the House of Representatives and the Senate, concurrent with the annual budget submission, a 5-year budget profile for an integrated system that includes the Space Launch System, the Orion Multi-Purpose Crew Vehicle, and associated ground systems that will ensure an Exploration Mission-2 crewed launch as early as possible, as well as a system-based funding profile for a sustained launch cadence beyond the initial crewed test launch: Provided further, That acquisition of Orion crew vehicles, SLS launch vehicles, Exploration Ground Systems, mobile launch platforms, and their associated components may be funded incrementally in fiscal year 2018 and thereafter: Provided further, That $395,000,000 shall be for exploration research and development.

space operations

For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and services; space flight, spacecraft control and communications activities, including operations, production, and services; maintenance and repair, facility planning and design; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $4,751,500,000, to remain available until September 30, 2019.

education

For necessary expenses, not otherwise provided for, in the conduct and support of aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $100,000,000, to remain available until September 30, 2019, of which $18,000,000 shall be for the Established Program to Stimulate Competitive Research and $40,000,000 shall be for the National Space Grant College and Fellowship Program.

safety, security and mission services

For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, space technology, exploration, space operations and education research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire

of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $2,826,900,000, to remain available until September 30, 2019.

construction and environmental compliance and restoration

For necessary expenses for construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration, $562,240,000, to remain available until September 30, 2023: Provided, That proceeds from leases deposited into this account shall be available for a period of 5 years to the extent and in amounts as provided in annual appropriations Acts: Provided further, That such proceeds referred to in the preceding proviso shall be available for obligation for fiscal year 2018 in an amount not to exceed $9,470,300: Provided further, That each annual budget request shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pursuant to section 20145 of title 51, United States Code.

office of inspector general

For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $39,000,000, of which $500,000 shall remain available until September 30, 2019.

administrative provisions

(including transfer of funds)

Funds for any announced prize otherwise authorized shall remain available, without fiscal year limitation, until a prize is claimed or the offer is withdrawn.

Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The spending plan required by this Act shall be provided by NASA at the theme, program, project and activity level. The spending plan, as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

National Science Foundation

research and related activities

For necessary expenses in carrying out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209 (42 U.S.C. 1880 et seq.); services as authorized by section 3109 of title 5, United States Code; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; and authorized travel; $6,334,476,000, to remain available until September 30, 2019, of which not to exceed $544,000,000 shall remain available until expended for polar research and operations support, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the United States Antarctic program: Provided, That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation.

major research equipment and facilities construction

For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized travel, $182,800,000, to remain available until expended.

education and human resources

For necessary expenses in carrying out science, mathematics and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including services as authorized by section 3109 of title 5, United States Code, authorized travel, and rental of conference rooms in the District of Columbia, $902,000,000, to remain available until September 30, 2019.

agency operations and award management

For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.); services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; rental of conference rooms in the District of Columbia; and reimbursement of the Department of Homeland Security for security guard services; $328,510,000: Provided, That not to exceed $8,280 is for official reception and representation expenses: Provided further, That contracts may be entered into under this heading in fiscal year 2018 for maintenance and operation of facilities and for other services to be provided during the next fiscal year.

office of the national science board

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference

rooms in the District of Columbia, and the employment of experts and consultants under section 3109 of title 5, United States Code) involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.), $4,370,000: Provided, That not to exceed $2,500 shall be available for official reception and representation expenses.

office of inspector general

For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, $15,200,000, of which $400,000 shall remain available until September 30, 2019.

administrative provisions

(including transfer of funds)

Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Science Foundation in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers. Any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The Director of the National Science Foundation shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 30 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the National Science Foundation. This title may be cited as the ``Science Appropriations Act, 2018''.

TITLE IV

RELATED AGENCIES

Commission on Civil Rights

salaries and expenses

For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $9,700,000: Provided, That none of the funds appropriated in this paragraph may be used to employ any individuals under Schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations exclusive of one special assistant for each Commissioner: Provided further, That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the chairperson, who is permitted 125 billable days: Provided further, That none of the funds appropriated in this paragraph shall be used for any activity or expense that is not explicitly authorized by section 3 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975a).

Equal Employment Opportunity Commission

salaries and expenses

For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233), the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services as authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles as authorized by section 1343(b) of title 31, United States Code; nonmonetary awards to private citizens; and up to $29,500,000 for payments to State and local enforcement agencies for authorized services to the Commission, $379,500,000: Provided, That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,250 from available funds: Provided further, That the Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations of the House of Representatives and the Senate have been notified of such proposals, in accordance with the reprogramming requirements of section 505 of this Act: Provided further, That the Chair is authorized to accept and use any gift or donation to carry out the work of the Commission.

International Trade Commission

salaries and expenses

For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $2,250 for official reception and representation expenses, $93,700,000, to remain available until expended.

Legal Services Corporation

payment to the legal services corporation

For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, $410,000,000, of which $376,000,000 is for basic field programs and required independent audits; $5,100,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $19,400,000 is for management and grants oversight; $4,000,000 is for client self-help and information technology; $4,500,000 is for a Pro Bono Innovation Fund; and $1,000,000 is for loan repayment assistance: Provided, That the Legal Services Corporation may continue to provide locality pay to officers and employees at a rate no greater than that provided by the Federal Government to Washington, DC- based employees as authorized by section 5304 of title 5, United States Code, notwithstanding section 1005(d) of the Legal Services Corporation Act (42 U.S.C. 2996d(d)): Provided further, That the

authorities provided in section 205 of this Act shall be applicable to the Legal Services Corporation: Provided further, That, for the purposes of section 505 of this Act, the Legal Services Corporation shall be considered an agency of the United States Government.

administrative provision--legal services corporation

None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105-119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2017 and 2018, respectively.

Marine Mammal Commission

salaries and expenses

For necessary expenses of the Marine Mammal Commission as authorized by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), $3,431,000.

Office of the United States Trade Representative

salaries and expenses

For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by section 3109 of title 5, United States Code, $57,600,000, of which $1,000,000 shall remain available until expended: Provided, That of the total amount made available under this heading, not to exceed $124,000 shall be available for official reception and representation expenses.

trade enforcement trust fund

(including transfer of funds)

For activities of the United States Trade Representative authorized by section 611 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived from the Trade Enforcement Trust Fund: Provided, That any transfer pursuant to subsection (d)(1) of such section shall be treated as a reprogramming under section 505 of this Act.

State Justice Institute

salaries and expenses

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.) $5,121,000, of which $500,000 shall remain available until September 30, 2019: Provided, That not to exceed $2,250 shall be available for official reception and representation expenses: Provided further, That, for the purposes of section 505 of this Act,

the State Justice Institute shall be considered an agency of the United States Government.

TITLE V

GENERAL PROVISIONS

(including rescissions)

(including transfer of funds)

Sec. 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. Sec. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 504. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. Sec. 505. None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2018, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project or activity; (2) eliminates a program, project or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) augments existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. Sec. 506. (a) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment,

suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. (b)(1) To the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall be used to purchase items that are manufactured, produced, or assembled in the United States, its territories or possessions. (2) The term ``promotional items'' has the meaning given the term in OMB Circular A-87, Attachment B, Item (1)(f)(3). Sec. 507. (a) The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly report on the status of balances of appropriations at the account level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived. For balances that are obligated, but unexpended, the quarterly reports shall separately identify amounts by the year of obligation. (b) The report described in subsection (a) shall be submitted within 30 days of the end of each quarter. (c) If a department or agency is unable to fulfill any aspect of a reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall fulfill such aspect to the maximum extent practicable under such accounting system and shall identify and describe in each quarterly report the extent to which such aspect is not fulfilled. Sec. 508. Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That for the Department of Commerce, this section shall also apply to actions taken for the care and protection of loan collateral or grant property. Sec. 509. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. Sec. 510. Notwithstanding any other provision of law, amounts deposited or available in the Fund established by section 1402 of chapter XIV of title II of Public Law 98-473 (34 U.S.C. 20101) in any fiscal year in excess of $4,436,000,000 shall not be available for obligation until the following fiscal year: Provided, That notwithstanding section 1402(d) of such Act, of the amounts available from the Fund for obligation: (1) $10,000,000 shall remain available until expended to the Department of Justice Office of Inspector General for oversight and auditing purposes; and (2) 3 percent shall be available to the Office for Victims of Crime for grants,

consistent with the requirements of the Victims of Crime Act, to Indian tribes to improve services for victims of crime.

Sec. 511. None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. Sec. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. Sec. 513. (a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed. (b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to exclude-- (1) any matter described in section 552(b) of title 5, United States Code; and (2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes.

(c) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract. (d) The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities. Sec. 514. (a) None of the funds appropriated or otherwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire a high-impact or moderate-impact information system, as defined for security categorization in the National Institute of Standards and Technology's (NIST) Federal Information Processing Standard

Publication 199, ``Standards for Security Categorization of Federal Information and Information Systems'' unless the agency has-- (1) reviewed the supply chain risk for the information systems against criteria developed by NIST and the Federal Bureau of Investigation (FBI) to inform acquisition decisions for high-impact and moderate-impact information systems within the Federal Government; (2) reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the FBI and other appropriate agencies; and (3) in consultation with the FBI or other appropriate Federal entity, conducted an assessment of any risk of cyber- espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or the Russian Federation.

(b) None of the funds appropriated or otherwise made available under this Act may be used to acquire a high-impact or moderate-impact information system reviewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has-- (1) developed, in consultation with NIST, the FBI, and supply chain risk management experts, a mitigation strategy for any identified risks; (2) determined, in consultation with NIST and the FBI, that the acquisition of such system is in the national interest of the United States; and (3) reported that determination to the Committees on Appropriations of the House of Representatives and the Senate and the agency Inspector General.

Sec. 515. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government. Sec. 516. (a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles. (b) The foregoing exemption from obtaining an export license-- (1) does not exempt an exporter from filing any Shipper's Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); and

(2) does not permit the export without a license of-- (A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; (B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or (C) articles for export from Canada to another foreign destination.

(c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen. (d) The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased. Sec. 517. Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or.113, for a permit to import United States origin ``curios or relics'' firearms, parts, or ammunition. Sec. 518. None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agreement the text of-- (1) paragraph 2 of article 16.7 of the United States- Singapore Free Trade Agreement; (2) paragraph 4 of article 17.9 of the United States- Australia Free Trade Agreement; or (3) paragraph 4 of article 15.9 of the United States-Morocco Free Trade Agreement.

Sec. 519. None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act of 1978; The Electronic Communications Privacy Act of 1986; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by these Acts. Sec. 520. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more

than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent or more, the program manager shall immediately inform the respective Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project's management structure is adequate to control total project or procurement costs. Sec. 521. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2018 until the enactment of the Intelligence Authorization Act for fiscal year 2018. Sec. 522. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(rescissions)

Sec. 523. (a) Of the unobligated balances from prior year appropriations available to the Department of Commerce, Economic Development Administration, Economic Development Assistance Programs, $10,000,000 is rescinded not later than September 30, 2018. (b) Of the unobligated balances available to the Department of Justice, the following funds are hereby rescinded, not later than September 30, 2018, from the following accounts in the specified amounts-- (1) ``Working Capital Fund'', $154,768,000; (2) ``Federal Bureau of Investigation, Salaries and Expenses'', $127,291,000 including from, but not limited to, fees collected to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs; (3) ``State and Local Law Enforcement Activities, Office on Violence Against Women, Violence Against Women Prevention and Prosecution Programs'', $15,000,000;

(4) ``State and Local Law Enforcement Activities, Office of Justice Programs'', $40,000,000; (5) ``State and Local Law Enforcement Activities, Community Oriented Policing Services'', $10,000,000; and (6) ``Legal Activities, Assets Forfeiture Fund'', $304,000,000, is permanently rescinded.

(c) The Departments of Commerce and Justice shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2018, specifying the amount of each rescission made pursuant to subsections (a) and (b). Sec. 524. None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301-10.122 through 301-10.124 of title 41 of the Code of Federal Regulations. Sec. 525. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency, who are stationed in the United States, at any single conference occurring outside the United States unless such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States. Sec. 526. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who-- (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

Sec. 527. (a) None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who-- (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is-- (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 528. The Director of the Office of Management and Budget shall instruct any department, agency, or instrumentality of the United States receiving funds appropriated under this Act to track undisbursed balances in expired grant accounts and include in

its annual performance plan and performance and accountability reports the following: (1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts. (2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts. (3) Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States. (4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts.

Sec. 529. (a) None of the funds made available by this Act may be used for the National Aeronautics and Space Administration (NASA) or the Office of Science and Technology Policy (OSTP) to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment of this Act. (b) None of the funds made available by this Act may be used to effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by NASA. (c) The limitations described in subsections (a) and (b) shall not apply to activities which NASA or OSTP, after consultation with the Federal Bureau of Investigation, have certified-- (1) pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company; and (2) will not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights.

(d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate, and the Federal Bureau of Investigation, no later than 30 days prior to the activity in question and shall include a description of the purpose of the activity, its agenda, its major participants, and its location and timing. Sec. 530. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if-- (1) all other requirements of law with respect to the proposed importation are met; and (2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.

Sec. 531. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless

such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, adjudication, or other law enforcement- or victim assistance-related activity. Sec. 532. The Departments of Commerce and Justice, the National Aeronautics and Space Administration, the National Science Foundation, the Commission on Civil Rights, the Equal Employment Opportunity Commission, the International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Offices of Science and Technology Policy and the United States Trade Representative, the National Space Council, and the State Justice Institute shall submit spending plans, signed by the respective department or agency head, to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the date of enactment of this Act. Sec. 533. None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty. Sec. 534. The Department of Commerce, the National Aeronautics and Space Administration, and the National Science Foundation shall provide a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate on any official travel to China by any employee of such Department or agency, including the purpose of such travel. Sec. 535. Of the amounts made available by this Act, not less than 10 percent of each total amount provided, respectively, for Public Works grants authorized by the Public Works and Economic Development Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated for assistance in persistent poverty counties: Provided, That for purposes of this section, the term ``persistent poverty counties'' means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates. Sec. 536. Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or for performance that does not meet the basic requirements of a contract. Sec. 537. None of the funds made available by this Act may be used in contravention of section 7606 (``Legitimacy of Industrial Hemp Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the Department of Justice or the Drug Enforcement Administration. Sec. 538. None of the funds made available under this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York,

North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana. Sec. 539. Not later than 30 days after the enactment of this Act, the Secretary of Commerce (Secretary) shall lift the stay on the effective date of the final rule for the seafood import monitoring program published by the Secretary on December 9, 2016, (81 Fed. Reg. 88975 et seq.) for the species described in section 300.324(a)(3) of title 50, Code of Federal Regulations: Provided, That the compliance date for the species described in section 300.324(a)(3) of title 50, Code of Federal Regulations, shall occur not later than December 31, 2018: Provided further, That not later than December 31, 2018, the Secretary shall establish a traceability program for United States inland, coastal, and marine aquaculture of shrimp and abalone from point of production to entry into United States commerce: Provided further, That the Secretary shall promulgate such regulations as are necessary and appropriate to establish and implement the program: Provided further, That information collected pursuant to a regulation promulgated under this section shall be confidential and not be disclosed except for the information disclosed under section 401(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(b)(1)): Provided further, That any regulations promulgated under this section shall be enforced as if this section were a provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the regulations were promulgated under such Act.

Sec. 540. For an additional amount for ``Department of Justice, State and Local Law Enforcement Activities, Office of Justice Programs, State and Local Law Enforcement Assistance'', $2,500,000 to keep young athletes safe. This division may be cited as the ``Commerce, Justice, Science, and Related Agencies Appropriations Act, 2018''.

DIVISION C--DEPARTMENT <<NOTE: Department of Defense Appropriations Act, 2018.>> OF DEFENSE APPROPRIATIONS ACT, 2018

TITLE I

MILITARY PERSONNEL

Military Personnel, Army

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $41,628,855,000.

Military Personnel, Navy

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $28,772,118,000.

Military Personnel, Marine Corps

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $13,231,114,000.

Military Personnel, Air Force

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $28,790,440,000.

Reserve Personnel, Army

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 10211, 10302, and 3038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $4,715,608,000.

Reserve Personnel, Navy

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Navy Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section

12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $1,988,362,000.

Reserve Personnel, Marine Corps

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $764,903,000.

Reserve Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 10211, 10305, and 8038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $1,802,554,000.

National Guard Personnel, Army

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under sections 10211, 10302, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $8,264,626,000.

National Guard Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under sections 10211, 10305, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or

other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $3,408,817,000.

TITLE II

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

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

Operation and Maintenance, Navy

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

Operation and Maintenance, Marine Corps

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

Operation and Maintenance, Air Force

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

Operation and Maintenance, Defense-Wide

(including transfer of funds)

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

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

Operation and Maintenance, Army Reserve

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

Operation and Maintenance, Navy Reserve

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

Operation and Maintenance, Marine Corps Reserve

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

Operation and Maintenance, Air Force Reserve

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

Operation and Maintenance, Army National Guard

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

Operation and Maintenance, Air National Guard

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

United States Court of Appeals for the Armed Forces

For salaries and expenses necessary for the United States Court of Appeals for the Armed Forces, $14,538,000, of which not to exceed $5,000 may be used for official representation purposes.

Environmental Restoration, Army

(including transfer of funds)

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

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

Environmental Restoration, Navy

(including transfer of funds)

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

Environmental Restoration, Air Force

(including transfer of funds)

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

Environmental Restoration, Defense-Wide

(including transfer of funds)

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

Environmental Restoration, Formerly Used Defense Sites

(including transfer of funds)

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

Overseas Humanitarian, Disaster, and Civic Aid

For expenses relating to the Overseas Humanitarian, Disaster, and Civic Aid programs of the Department of Defense (consisting of the programs provided under sections 401, 402, 404, 407, 2557, and 2561 of title 10, United States Code), $129,900,000, to remain available until September 30, 2019.

Cooperative Threat Reduction Account

For assistance, including assistance provided by contract or by grants, under programs and activities of the Department of Defense Cooperative Threat Reduction Program authorized under the Department of Defense Cooperative Threat Reduction Act, $350,000,000, to remain available until September 30, 2020.

Department of Defense Acquisition Workforce Development Fund

For the Department of Defense Acquisition Workforce Development Fund, $500,000,000, to remain available for obligation until September 30, 2019: Provided, That no other amounts may be otherwise credited or transferred to the Fund, or deposited into the Fund, in fiscal year 2018 pursuant to section 1705(d) of title 10, United States Code: Provided further, That within 60 days after the date of enactment of this Act, the Secretary of Defense shall transfer to the Treasury from amounts made available under this heading an amount equal to any amounts transferred to the Fund for fiscal year 2018 before the date of the enactment of this Act pursuant to section 1705(d)(3) of title 10, United States Code, or any other provision of law: Provided further, That amounts so transferred shall be deposited in the Treasury as miscellaneous receipts.

TITLE III

PROCUREMENT

Aircraft Procurement, Army

For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $5,535,794,000, to remain available for obligation until September 30, 2020.

Missile Procurement, Army

For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $3,196,910,000, to remain available for obligation until September 30, 2020.

Procurement of Weapons and Tracked Combat Vehicles, Army

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

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

Procurement of Ammunition, Army

For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $2,548,740,000, to remain available for obligation until September 30, 2020.

Other Procurement, Army

For construction, procurement, production, and modification of vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $8,298,418,000, to remain available for obligation until September 30, 2020.

Aircraft Procurement, Navy

For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $19,957,380,000, to remain available for obligation until September 30, 2020.

Weapons Procurement, Navy

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

Procurement of Ammunition, Navy and Marine Corps

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

Shipbuilding and Conversion, Navy

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

Towing, Salvage, and Rescue Ship, $76,204,000; T-AGS Oceanographic Survey Ship, $180,000,000; Ship to Shore Connector, $524,554,000; Service Craft, $62,994,000; For outfitting, post delivery, conversions, and first destination transportation, $489,073,000; Completion of Prior Year Shipbuilding Programs, $117,542,000; and Polar Icebreakers, $150,000,000.

In all: $23,824,738,000, to remain available for obligation until September 30, 2022: Provided, That additional obligations may be incurred after September 30, 2022, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction: Provided further, That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall be used for the construction of any naval vessel in foreign shipyards: Provided further, That funds appropriated or otherwise made available by this Act for production of the common missile compartment of nuclear-powered vessels may be available for multiyear procurement of critical components to support continuous production of such compartments only in accordance with the provisions of subsection (i) of section 2218a of title 10, United States Code (as added by section 1023 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328)).

Other Procurement, Navy

For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $7,941,018,000, to remain available for obligation until September 30, 2020.

Procurement, Marine Corps

For expenses necessary for the procurement, manufacture, and modification of missiles, armament, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including the purchase of passenger motor vehicles for replacement only; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, $1,942,737,000, to remain available for obligation until September 30, 2020.

Aircraft Procurement, Air Force

For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $18,504,556,000, to remain available for obligation until September 30, 2020.

Missile Procurement, Air Force

For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $2,207,747,000, to remain available for obligation until September 30, 2020.

Space Procurement, Air Force

For construction, procurement, and modification of spacecraft, rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $3,552,175,000, to remain available for obligation until September 30, 2020.

Procurement of Ammunition, Air Force

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

expenses necessary for the foregoing purposes, $1,651,977,000, to remain available for obligation until September 30, 2020.

Other Procurement, Air Force

For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; lease of passenger motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to approval of title; reserve plant and Government and contractor- owned equipment layaway, $20,503,273,000, to remain available for obligation until September 30, 2020.

Procurement, Defense-Wide

For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $5,429,270,000, to remain available for obligation until September 30, 2020.

Defense Production Act Purchases

For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $67,401,000, to remain available until expended.

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

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

Research, Development, Test and Evaluation, Navy

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

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

Research, Development, Test and Evaluation, Air Force

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

Research, Development, Test and Evaluation, Defense-Wide

(including transfer of funds)

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

Operational Test and Evaluation, Defense

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

TITLE V

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For the Defense Working Capital Funds, $1,685,596,000.

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

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

Chemical Agents and Munitions Destruction, Defense

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

Drug Interdiction and Counter-Drug Activities, Defense

(including transfer of funds)

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

Office of the Inspector General

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

TITLE VII

RELATED AGENCIES

Central Intelligence Agency Retirement and Disability System Fund

For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain the proper funding level for continuing the operation of the Central Intelligence Agency Retirement and Disability System, $514,000,000.

Intelligence Community Management Account

For necessary expenses of the Intelligence Community Management Account, $537,600,000.

TITLE VIII

GENERAL PROVISIONS

Sec. 8001. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. Sec. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense: Provided, That salary increases granted to direct and indirect hire foreign national employees of the Department of Defense funded by this Act shall not be at a rate in excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under the provisions of section 5332 of title 5, United States Code, or at a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further, That this section shall not apply to Department of Defense foreign service national employees serving at United States diplomatic missions whose pay is set by the Department of State under the Foreign Service Act of 1980: Provided further, That the limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey.

Sec. 8003. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless expressly so provided herein. Sec. 8004. No more than 25 percent of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of reserve components or summer camp training of the Reserve Officers' Training Corps.

(transfer of funds)

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

item for which reprogramming is requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2018: Provided further, That transfers among military personnel appropriations shall not be taken into account for purposes of the limitation on the amount of funds that may be transferred under this section. Sec. 8006. (a) With regard to the list of specific programs, projects, and activities (and the dollar amounts and adjustments to budget activities corresponding to such programs, projects, and activities) contained in the tables titled Explanation of Project Level Adjustments in the explanatory statement regarding this Act, the obligation and expenditure of amounts appropriated or otherwise made available in this Act for those programs, projects, and activities for which the amounts appropriated exceed the amounts requested are hereby required by law to be carried out in the manner provided by such tables to the same extent as if the tables were included in the text of this Act. (b) Amounts specified in the referenced tables described in subsection (a) shall not be treated as subdivisions of appropriations for purposes of section 8005 of this Act: Provided, That section 8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts. Sec. 8007. (a) Not later than 60 days after enactment of this Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2018: Provided, That the report shall include-- (1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by budget activity and program, project, and activity as detailed in the Budget Appendix; and (3) an identification of items of special congressional interest.

(b) Notwithstanding section 8005 of this Act, none of the funds provided in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional defense committees, unless the Secretary of Defense certifies in writing to the congressional defense committees that such reprogramming or transfer is necessary as an emergency requirement: Provided, That this subsection shall not apply to transfers from the following appropriations accounts: (1) ``Environmental Restoration, Army''; (2) ``Environmental Restoration, Navy''; (3) ``Environmental Restoration, Air Force''; (4) ``Environmental Restoration, Defense-Wide''; (5) ``Environmental Restoration, Formerly Used Defense Sites''; and (6) ``Drug Interdiction and Counter-drug Activities, Defense''.

(transfer of funds)

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

(2) cancellation provisions in the contract do not include consideration of recurring manufacturing costs of the contractor associated with the production of unfunded units to be delivered under the contract; (3) the contract provides that payments to the contractor under the contract shall not be made in advance of incurred costs on funded units; and (4) the contract does not provide for a price adjustment based on a failure to award a follow-on contract.

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

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

(transfer of funds)

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

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

Sec. 8022. During the current fiscal year, the Department of Defense is authorized to incur obligations of not to exceed $350,000,000 for purposes specified in section 2350j(c) of title 10, United States Code, in anticipation of receipt of contributions, only from the Government of Kuwait, under that section: Provided, That, upon receipt, such contributions from the Government of Kuwait shall be credited to the appropriations or fund which incurred such obligations. Sec. 8023. (a) Of the funds made available in this Act, not less than $43,100,000 shall be available for the Civil Air Patrol Corporation, of which-- (1) $30,800,000 shall be available from ``Operation and Maintenance, Air Force'' to support Civil Air Patrol Corporation operation and maintenance, readiness, counter-drug activities, and drug demand reduction activities involving youth programs; (2) $10,600,000 shall be available from ``Aircraft Procurement, Air Force''; and (3) $1,700,000 shall be available from ``Other Procurement, Air Force'' for vehicle procurement.

(b) The Secretary of the Air Force should waive reimbursement for any funds used by the Civil Air Patrol for counter-drug activities in support of Federal, State, and local government agencies. Sec. 8024. (a) None of the funds appropriated in this Act are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC), either as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs and other nonprofit entities. (b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity, may be compensated for his or her services as a member of such entity, or as a paid consultant by more than one FFRDC in a fiscal year: Provided, That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per diem as authorized under the Federal Joint Travel Regulations, when engaged in the performance of membership duties. (c) Notwithstanding any other provision of law, none of the funds available to the department from any source during the current fiscal year may be used by a defense FFRDC, through a fee or other payment mechanism, for construction of new buildings not located on a military installation, for payment of cost sharing for projects funded by Government grants, for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community service and/or development. (d) Notwithstanding any other provision of law, of the funds available to the department during fiscal year 2018, not more than 6,030 staff years of technical effort (staff years) may be funded for defense FFRDCs: Provided, That, of the specific amount referred to previously in this subsection, not more than 1,125 staff years may be funded for the defense studies and analysis FFRDCs: Provided further, That this subsection shall not apply to staff years funded in the National Intelligence Program (NIP) and the Military Intelligence Program (MIP).

(e) The Secretary of Defense shall, with the submission of the department's fiscal year 2019 budget request, submit a report presenting the specific amounts of staff years of technical effort to be allocated for each defense FFRDC during that fiscal year and the associated budget estimates. (f) Notwithstanding any other provision of this Act, the total amount appropriated in this Act for FFRDCs is hereby reduced by $131,000,000. Sec. 8025. None of the funds appropriated or made available in this Act shall be used to procure carbon, alloy, or armor steel plate for use in any Government-owned facility or property under the control of the Department of Defense which were not melted and rolled in the United States or Canada: Provided, That these procurement restrictions shall apply to any and all Federal Supply Class 9515, American Society of Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) specifications of carbon, alloy or armor steel plate: Provided further, That the Secretary of the military department responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further, That these restrictions shall not apply to contracts which are in being as of the date of the enactment of this Act. Sec. 8026. For the purposes of this Act, the term ``congressional defense committees'' means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.

Sec. 8027. During the current fiscal year, the Department of Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities and private firms: Provided, That the Senior Acquisition Executive of the military department or Defense Agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids: Provided further, That Office of Management and Budget Circular A-76 shall not apply to competitions conducted under this section. Sec. 8028. (a)(1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary's blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country.

(2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of understanding, between the United States and a foreign country pursuant to which the Secretary

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

in accordance with the information paper of the Department of the Army titled ``Army Senior Reserve Officer's Training Corps (SROTC) Program Review and Criteria'', dated January 27, 2014.

Sec. 8033. The Secretary of Defense shall issue regulations to prohibit the sale of any tobacco or tobacco- related products in military resale outlets in the United States, its territories and possessions at a price below the most competitive price in the local community: Provided, That such regulations shall direct that the prices of tobacco or tobacco-related products in overseas military retail outlets shall be within the range of prices established for military retail system stores located in the United States.

Sec. 8034. (a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during fiscal year 1994 and if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement. (b) The fiscal year 2019 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2019 Department of Defense budget shall be prepared and submitted to the Congress on the basis that any equipment which was classified as an end item and funded in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2019 procurement appropriation and not in the supply management business area or any other area or category of the Department of Defense Working Capital Funds. Sec. 8035. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2019: Provided, That funds appropriated, transferred, or otherwise credited to the Central Intelligence Agency Central Services Working Capital Fund during this or any prior or subsequent fiscal year shall remain available until expended: Provided further, That any funds appropriated or transferred to the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National Security Act of 1947 (50 U.S.C. 3093) shall remain available until September 30, 2019.

Sec. 8036. Up to $10,322,000 of the funds appropriated under the heading ``Operation and Maintenance, Navy'' may be made available for the Asia Pacific Regional Initiative Program for the purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and payment of incremental and personnel costs of training and exercising with foreign security forces: Provided, That funds made available for this purpose may be used, notwithstanding any other funding authorities for humanitarian assistance, security assistance or combined exercise expenses: Provided further, That funds may

not be obligated to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law. Sec. 8037. Of the funds appropriated to the Department of Defense under the heading ``Operation and Maintenance, Defense-Wide'', not less than $12,000,000 shall be made available only for the mitigation of environmental impacts, including training and technical assistance to tribes, related administrative support, the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and cost to complete estimates for mitigation, on Indian lands resulting from Department of Defense activities. Sec. 8038. (a) None of the funds appropriated in this Act may be expended by an entity of the Department of Defense unless the entity, in expending the funds, complies with the Buy American Act. For purposes of this subsection, the term ``Buy American Act'' means chapter 83 of title 41, United States Code. (b) If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a ``Made in America'' inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance with section 2410f of title 10, United States Code, whether the person should be debarred from contracting with the Department of Defense. (c) In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending the appropriation, purchase only American-made equipment and products, provided that American-made equipment and products are cost-competitive, quality competitive, and available in a timely fashion. Sec. 8039. (a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used-- (1) to establish a field operating agency; or (2) to pay the basic pay of a member of the Armed Forces or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee's place of duty remains at the location of that headquarters.

(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-by-case basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and the Senate that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department. (c) This section does not apply to-- (1) field operating agencies funded within the National Intelligence Program; (2) an Army field operating agency established to eliminate, mitigate, or counter the effects of improvised explosive devices, and, as determined by the Secretary of the Army, other similar threats; (3) an Army field operating agency established to improve the effectiveness and efficiencies of biometric activities and to integrate common biometric technologies throughout the Department of Defense; or

(4) an Air Force field operating agency established to administer the Air Force Mortuary Affairs Program and Mortuary Operations for the Department of Defense and authorized Federal entities.

Sec. 8040. (a) None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the enactment of this Act, is performed by Department of Defense civilian employees unless-- (1) the conversion is based on the result of a public- private competition that includes a most efficient and cost effective organization plan developed by such activity or function; (2) the Competitive Sourcing Official determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the Department of Defense by an amount that equals or exceeds the lesser of-- (A) 10 percent of the most efficient organization's personnel-related costs for performance of that activity or function by Federal employees; or (B) $10,000,000; and (3) the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense by-- (A) not making an employer-sponsored health insurance plan available to the workers who are to be employed in the performance of that activity or function under the contract; or (B) offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Department of Defense for health benefits for civilian employees under chapter 89 of title 5, United States Code.

(b)(1) The Department of Defense, without regard to subsection (a) of this section or subsection (a), (b), or (c) of section 2461 of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for the performance of any commercial or industrial type function of the Department of Defense that-- (A) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O'Day Act (section 8503 of title 41, United States Code); (B) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; or (C) is planned to be converted to performance by a qualified firm under at least 51 percent ownership by an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian Organization, as defined in section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).

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

(rescissions)

Sec. 8041. Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided, That no amounts may be rescinded from amounts that were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: ``Other Procurement, Army'', 2016/2018, $5,517,000; ``Aircraft Procurement, Navy'', 2016/2018, $172,000,000; ``Aircraft Procurement, Air Force'', 2016/2018, $56,900,000; ``Procurement of Ammunition, Air Force'', 2016/2018, $5,000,000; ``Procurement, Defense-wide'', 2016/2018, $7,264,000; ``Missile Procurement, Army'', 2017/2019, $19,319,000; ``Aircraft Procurement, Army'', 2017/2019, $17,000,000; ``Procurement of Weapons and Tracked Combat Vehicles, Army'', 2017/2019, $7,064,000; ``Procurement of Ammunition, Army'', 2017/2019, $15,507,000; ``Other Procurement, Army'', 2017/2019, $12,535,000; ``Aircraft Procurement, Navy'', 2017/2019, $45,900,000; ``Weapons Procurement, Navy'', 2017/2019, $32,200,000; ``Shipbuilding and Conversion, Navy: Carrier Replacement Program'', 2017/2021, $14,000,000; ``Aircraft Procurement, Air Force'', 2017/2019, $78,347,000; ``Missile Procurement, Air Force'', 2017/2019, $31,639,000; ``Space Procurement, Air Force'', 2017/2019, $34,900,000; ``Procurement of Ammunition, Air Force'', 2017/2019, $18,000,000; ``Other Procurement, Air Force'', 2017/2019, $136,691,000; ``Research, Development, Test and Evaluation, Army'', 2017/ 2018, $62,331,000; ``Research, Development, Test and Evaluation, Navy'', 2017/ 2018, $9,128,000; ``Research, Development, Test and Evaluation, Air Force'', 2017/2018, $131,000,000; and ``Defense Health Program: Research, Development, Test and Evaluation'', 2017/2018, $30,000,000.

Sec. 8042. None of the funds available in this Act may be used to reduce the authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard,

Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure. Sec. 8043. None of the funds appropriated or otherwise made available in this Act may be obligated or expended for assistance to the Democratic People's Republic of Korea unless specifically appropriated for that purpose. Sec. 8044. Funds appropriated in this Act for operation and maintenance of the Military Departments, Combatant Commands and Defense Agencies shall be available for reimbursement of pay, allowances and other expenses which would otherwise be incurred against appropriations for the National Guard and Reserve when members of the National Guard and Reserve provide intelligence or counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and programs included within the National Intelligence Program and the Military Intelligence Program: Provided, That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures. Sec. 8045. (a) None of the funds available to the Department of Defense for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law.

(b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law.

Sec. 8046. None of the funds appropriated by this Act may be used for the procurement of ball and roller bearings other than those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible for such procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to the purchase of ``commercial items'', as defined by section 103 of title 41, United States Code, except that the restriction shall apply to ball or roller bearings purchased as end items. Sec. 8047. Of the amounts appropriated for ``Working Capital Fund, Army'', $99,000,000 shall be available to maintain competitive rates at the arsenals. Sec. 8048. None of the funds made available by this Act for Evolved Expendable Launch Vehicle service competitive procurements may be used unless the competitive procurements are open for award to all certified providers of Evolved Expendable Launch Vehicle-class systems: Provided, That the award shall be made to the provider that offers the best value to the government. Sec. 8049. In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $44,000,000 is hereby appropriated to the Department of Defense: Provided, That upon the determination of the Secretary of Defense that it shall serve the

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

(including transfer of funds)

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

unliquidated or unexpended balance in the account, any charge to a current account under the authority of this section shall be reversed and recorded against the expired account: Provided further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to 1 percent of the total appropriation for that account.

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

(including transfer of funds)

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

the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so. Sec. 8059. (a) The Secretary of Defense may, on a case-by-case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section 2531 of title 10, United States Code, and the country does not discriminate against the same or similar defense items produced in the United States for that country. (b) Subsection (a) applies with respect to-- (1) contracts and subcontracts entered into on or after the date of the enactment of this Act; and (2) options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are adjusted for any reason other than the application of a waiver granted under subsection (a).

(c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section XI (chapters 50-65) of the Harmonized Tariff Schedule of the United States and products classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. Sec. 8060. None of the funds appropriated or otherwise made available by this or other Department of Defense Appropriations Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business.

(including transfer of funds)

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

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

(including transfer of funds)

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

(1) the appropriations account structure for the National Intelligence Program budget, including through the creation of a new appropriation or new appropriation account; (2) how the National Intelligence Program budget request is presented in the unclassified P-1, R-1, and O-1 documents supporting the Department of Defense budget request; (3) the process by which the National Intelligence Program appropriations are apportioned to the executing agencies; or (4) the process by which the National Intelligence Program appropriations are allotted, obligated and disbursed.

(b) Nothing in section (a) shall be construed to prohibit the merger of programs or changes to the National Intelligence Program budget at or below the Expenditure Center level, provided such change is otherwise in accordance with paragraphs (a)(1)-(3). (c) The Director of National Intelligence and the Secretary of Defense may jointly, only for the purposes of achieving auditable financial statements and improving fiscal reporting, study and develop detailed proposals for alternative financial management processes. Such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative processes will adversely affect counterintelligence. (d) Upon development of the detailed proposals defined under subsection (c), the Director of National Intelligence and the Secretary of Defense shall-- (1) provide the proposed alternatives to all affected agencies; (2) receive certification from all affected agencies attesting that the proposed alternatives will help achieve auditability, improve fiscal reporting, and will not adversely affect counterintelligence; and (3) not later than 30 days after receiving all necessary certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees.

Sec. 8069. In addition to amounts provided elsewhere in this Act, $10,000,000 is hereby appropriated to the Department of Defense, to remain available for obligation until expended: Provided, That notwithstanding any other provision of law, that upon the determination of the Secretary of Defense that it shall serve the national interest, these funds shall be available only for a grant to the Fisher House Foundation, Inc., only for the construction and furnishing of additional Fisher Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military beneficiary. Sec. 8070. Any notice that is required to be submitted to the Committees on Appropriations of the Senate and the House of Representatives under section 806(c)(4) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) after the date of the enactment of this Act shall be submitted pursuant to that requirement concurrently to the Subcommittees on Defense of the Committees on Appropriations of the Senate and the House of Representatives.

(including transfer of funds)

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

(including transfer of funds)

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

Sec. 8073. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities are

deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2018 until the enactment of the Intelligence Authorization Act for Fiscal Year 2018. Sec. 8074. None of the funds provided in this Act shall be available for obligation or expenditure through a reprogramming of funds that creates or initiates a new program, project, or activity unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written prior notification to the congressional defense committees. Sec. 8075. The budget of the President for fiscal year 2019 submitted to the Congress pursuant to section 1105 of title 31, United States Code, shall include separate budget justification documents for costs of United States Armed Forces' participation in contingency operations for the Military Personnel accounts, the Operation and Maintenance accounts, the Procurement accounts, and the Research, Development, Test and Evaluation accounts: Provided, That these documents shall include a description of the funding requested for each contingency operation, for each military service, to include all Active and Reserve components, and for each appropriations account: Provided further, That these documents shall include estimated costs for each element of expense or object class, a reconciliation of increases and decreases for each contingency operation, and programmatic data including, but not limited to, troop strength for each Active and Reserve component, and estimates of the major weapons systems deployed in support of each contingency: Provided further, That these documents shall include budget exhibits OP-5 and OP- 32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal years.

Sec. 8076. None of the funds in this Act may be used for research, development, test, evaluation, procurement or deployment of nuclear armed interceptors of a missile defense system. Sec. 8077. Notwithstanding any other provision of this Act, to reflect savings due to favorable foreign exchange rates, the total amount appropriated in this Act is hereby reduced by $4,000,000. Sec. 8078. The Secretary of Defense may use up to $800,000,000 of the amounts appropriated or otherwise made available in this Act to the Department of Defense for the rapid acquisition and deployment of supplies and associated support services pursuant to section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 2302 note): Provided, That the Secretary of Defense shall notify the congressional defense committees promptly of all uses of this authority. Sec. 8079. None of the funds appropriated or made available in this Act shall be used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such action would reduce the WC-130 Weather Reconnaissance mission below the levels funded in this Act: Provided, That the Air Force shall allow the 53rd Weather Reconnaissance Squadron to perform other missions in support of national defense requirements during the non-hurricane season. Sec. 8080. None of the funds provided in this Act shall be available for integration of foreign intelligence information unless the information has been lawfully collected and processed during

the conduct of authorized foreign intelligence activities: Provided, That information pertaining to United States persons shall only be handled in accordance with protections provided in the Fourth Amendment of the United States Constitution as implemented through Executive Order No. 12333. Sec. 8081. (a) None of the funds appropriated by this Act may be used to transfer research and development, acquisition, or other program authority relating to current tactical unmanned aerial vehicles (TUAVs) from the Army. (b) The Army shall retain responsibility for and operational control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to support the Secretary of Defense in matters relating to the employment of unmanned aerial vehicles. Sec. 8082. None of the funds appropriated by this Act for programs of the Office of the Director of National Intelligence shall remain available for obligation beyond the current fiscal year, except for funds appropriated for research and technology, which shall remain available until September 30, 2019. Sec. 8083. For purposes of section 1553(b) of title 31, United States Code, any subdivision of appropriations made in this Act under the heading ``Shipbuilding and Conversion, Navy'' shall be considered to be for the same purpose as any subdivision under the heading ``Shipbuilding and Conversion, Navy'' appropriations in any prior fiscal year, and the 1 percent limitation shall apply to the total amount of the appropriation. Sec. 8084. (a) Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit a report to the congressional intelligence committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2018: Provided, That the report shall include-- (1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation by Expenditure Center and project; and (3) an identification of items of special congressional interest.

(b) None of the funds provided for the National Intelligence Program in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional intelligence committees, unless the Director of National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement. Sec. 8085. None of the funds made available by this Act may be used to eliminate, restructure, or realign Army Contracting Command--New Jersey or make disproportionate personnel reductions at any Army Contracting Command--New Jersey sites without 30-day prior notification to the congressional defense committees. Sec. 8086. Notwithstanding any other provision of law, any transfer of funds, appropriated or otherwise made available by this Act, for support to friendly foreign countries in connection with the conduct of operations in which the United States is not participating, pursuant to section 331(d) Title 10 U.S.C. shall be made in accordance with sections 8005 or 9002 of this Act, as applicable.

Sec. 8087. Any transfer of amounts appropriated to, credited to, or deposited in the Department of Defense Acquisition Workforce Development Fund in or for fiscal year 2018 to a military department or Defense Agency pursuant to section 1705(e)(1) of title 10, United States Code, shall be covered by and subject to sections 8005 or 9002 of this Act, as applicable. Sec. 8088. None of the funds made available by this Act for excess defense articles, assistance under section 333 of title 10, United States Code, or peacekeeping operations for the countries designated annually to be in violation of the standards of the Child Soldiers Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be used to support any military training or operation that includes child soldiers, as defined by the Child Soldiers Prevention Act of 2008, unless such assistance is otherwise permitted under section 404 of the Child Soldiers Prevention Act of 2008. Sec. 8089. (a) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 (50 U.S.C. 3024(d)) that-- (1) creates a new start effort; (2) terminates a program with appropriated funding of $10,000,000 or more; (3) transfers funding into or out of the National Intelligence Program; or (4) transfers funding between appropriations,

unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements. (b) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 (50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements. Sec. 8090. The Director of National Intelligence shall submit to Congress each year, at or about the time that the President's budget is submitted to Congress that year under section 1105(a) of title 31, United States Code, a future-years intelligence program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years intelligence program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.

Sec. 8091. For the purposes of this Act, the term ``congressional intelligence committees'' means the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives, and the Subcommittee on Defense of the Committee on Appropriations of the Senate.

(including transfer of funds)

Sec. 8092. During the current fiscal year, not to exceed $11,000,000 from each of the appropriations made in title II of this Act for ``Operation and Maintenance, Army'', ``Operation and Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may be transferred by the military department concerned to its central fund established for Fisher Houses and Suites pursuant to section 2493(d) of title 10, United States Code. Sec. 8093. None of the funds appropriated by this Act may be available for the purpose of making remittances to the Department of Defense Acquisition Workforce Development Fund in accordance with section 1705 of title 10, United States Code. Sec. 8094. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if-- (1) the public posting of the report compromises national security; or (2) the report contains proprietary information.

(c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. Sec. 8095. (a) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor agrees not to-- (1) enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or (2) take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention.

(b) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract unless the contractor certifies that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce any provision of, any agreement as described in paragraphs (1) and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. For purposes of this subsection, a ``covered subcontractor'' is an entity that has a subcontract in excess of $1,000,000 on a contract subject to subsection (a). (c) The prohibitions in this section do not apply with respect to a contractor's or subcontractor's agreements with employees or

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

(including transfer of funds)

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

(including transfer of funds)

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

Program: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2018. Sec. 8100. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who-- (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

Sec. 8101. (a) None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who-- (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is-- (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 8102. None of the funds appropriated or otherwise made available in this Act may be used to transfer any individual detained at United States Naval Station Guantanamo Bay, Cuba, to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity except in accordance with section 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92) and section 1034 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328). Sec. 8103. None of the funds made available by this Act may be used in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.). Sec. 8104. (a) None of the funds appropriated or otherwise made available by this or any other Act may be used by the Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport. (b) The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary

of State and the Director of National Intelligence, determines that it is in the vital national security interest of the United States to do so, and certifies in writing to the congressional defense committees that, to the best of the Secretary's knowledge: (1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic; (2) The armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of Ukraine; and (3) Agents of the Russian Federation have ceased taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine.

(c) The Inspector General of the Department of Defense shall conduct a review of any action involving Rosoboronexport with respect to a waiver issued by the Secretary of Defense pursuant to subsection (b), and not later than 90 days after the date on which such a waiver is issued by the Secretary of Defense, the Inspector General shall submit to the congressional defense committees a report containing the results of the review conducted with respect to such waiver. Sec. 8105. None of the funds made available in this Act may be used for the purchase or manufacture of a flag of the United States unless such flags are treated as covered items under section 2533a(b) of title 10, United States Code. Sec. 8106. The Secretary of Defense, in consultation with the Service Secretaries, shall submit two reports to the congressional defense committees, not later than March 1, 2018, and not later than September 1, 2018, detailing the submission of records during the previous 6 months to databases accessible to the National Instant Criminal Background Check System (NICS), including the Interstate Identification Index (III), the National Crime Information Center (NCIC), and the NICS Index, as required by Public Law 110-180: Provided, That such reports shall provide the number and category of records submitted by month to each such database, by Service or Component: Provided further, That such reports shall identify the number and category of records submitted by month to those databases for which the Identification for Firearm Sales (IFFS) flag or other database flags were used to pre-validate the records and indicate that such persons are prohibited from receiving or possessing a firearm: Provided further, That such reports shall describe the steps taken during the previous 6 months, by Service or Component, to ensure complete and accurate submission and appropriate flagging of records of individuals prohibited from gun possession or receipt pursuant to 18 U.S.C. 922(g) or (n) including applicable records involving proceedings under the Uniform Code of Military Justice. Sec. 8107. (a) Of the funds appropriated in this Act for the Department of Defense, amounts may be made available, under such regulations as the Secretary of Defense may prescribe, to local military commanders appointed by the Secretary, or by an officer or employee designated by the Secretary, to provide at their discretion ex gratia payments in amounts consistent with subsection (d) of this section for damage, personal injury, or death that is

incident to combat operations of the Armed Forces in a foreign country.

(b) An ex gratia payment under this section may be provided only if-- (1) the prospective foreign civilian recipient is determined by the local military commander to be friendly to the United States; (2) a claim for damages would not be compensable under chapter 163 of title 10, United States Code (commonly known as the ``Foreign Claims Act''); and (3) the property damage, personal injury, or death was not caused by action by an enemy.

(c) Nature of Payments.--Any payments provided under a program under subsection (a) shall not be considered an admission or acknowledgement of any legal obligation to compensate for any damage, personal injury, or death. (d) Amount of Payments.--If the Secretary of Defense determines a program under subsection (a) to be appropriate in a particular setting, the amounts of payments, if any, to be provided to civilians determined to have suffered harm incident to combat operations of the Armed Forces under the program should be determined pursuant to regulations prescribed by the Secretary and based on an assessment, which should include such factors as cultural appropriateness and prevailing economic conditions. (e) Legal Advice.--Local military commanders shall receive legal advice before making ex gratia payments under this subsection. The legal advisor, under regulations of the Department of Defense, shall advise on whether an ex gratia payment is proper under this section and applicable Department of Defense regulations. (f) Written Record.--A written record of any ex gratia payment offered or denied shall be kept by the local commander and on a timely basis submitted to the appropriate office in the Department of Defense as determined by the Secretary of Defense. (g) Report.--The Secretary of Defense shall report to the congressional defense committees on an annual basis the efficacy of the ex gratia payment program including the number of types of cases considered, amounts offered, the response from ex gratia payment recipients, and any recommended modifications to the program. Sec. 8108. None of the funds available in this Act to the Department of Defense, other than appropriations made for necessary or routine refurbishments, upgrades or maintenance activities, shall be used to reduce or to prepare to reduce the number of deployed and non- deployed strategic delivery vehicles and launchers below the levels set forth in the report submitted to Congress in accordance with section 1042 of the National Defense Authorization Act for Fiscal Year 2012. Sec. 8109. The Secretary of Defense shall post grant awards on a public Website in a searchable format. Sec. 8110. The Secretary of each military department, in reducing each research, development, test and evaluation and procurement account of the military department as required under paragraph (1) of section 828(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2430 note), as amended by section 825(a)(3) of the National Defense Authorization Act for Fiscal Year 2018, shall allocate the percentage

reduction determined under paragraph (2) of such section 828(d) proportionally from all programs, projects, or activities under such account: Provided, That the authority under section 804(d)(2) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114- 92; 10 U.S.C. 2302 note) to transfer amounts available in the Rapid Prototyping Fund shall be subject to section 8005 or 9002 of this Act, as applicable. Sec. 8111. None of the funds made available by this Act may be used to fund the performance of a flight demonstration team at a location outside of the United States: Provided, That this prohibition applies only if a performance of a flight demonstration team at a location within the United States was canceled during the current fiscal year due to insufficient funding. Sec. 8112. None of the funds made available by this Act may be used by the National Security Agency to-- (1) conduct an acquisition pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978 for the purpose of targeting a United States person; or (2) acquire, monitor, or store the contents (as such term is defined in section 2510(8) of title 18, United States Code) of any electronic communication of a United States person from a provider of electronic communication services to the public pursuant to section 501 of the Foreign Intelligence Surveillance Act of 1978.

Sec. 8113. None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty. Sec. 8114. None of the funds made available in this or any other Act may be used to pay the salary of any officer or employee of any agency funded by this Act who approves or implements the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this Act to the jurisdiction of another Federal agency not financed by this Act without the express authorization of Congress: Provided, That this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense. Sec. 8115. None of the funds made available in this Act may be obligated for activities authorized under section 1208 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 112-81; 125 Stat. 1621) to initiate support for, or expand support to, foreign forces, irregular forces, groups, or individuals unless the congressional defense committees are notified in accordance with the direction contained in the classified annex accompanying this Act, not less than 15 days before initiating such support: Provided, That none of the funds made available in this Act may be used under section 1208 for any activity that is not in support of an ongoing military operation being conducted by United States Special Operations Forces to combat terrorism: Provided further, That the Secretary of Defense may waive the prohibitions in this section if the Secretary determines that such waiver is required by extraordinary circumstances and, by not later than 72 hours after making such waiver, notifies the congressional defense committees of such waiver. Sec. 8116. None of the funds made available by this Act may be used with respect to Iraq in contravention of the War Powers

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

(including transfer of funds)

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

Sec. 8123. None of the funds made available by this Act may be used to carry out the closure or realignment of the United States Naval Station, Guantanamo Bay, Cuba. Sec. 8124. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities. Sec. 8125. Notwithstanding any other provision of law, any transfer of funds appropriated or otherwise made available by this Act to the Global Engagement Center established by section 1287 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 22 U.S.C. 2656 note) shall be made in accordance with section 8005 or 9002 of this Act, as applicable. Sec. 8126. No amounts credited or otherwise made available in this or any other Act to the Department of Defense Acquisition Workforce Development Fund may be transferred to: (1) the Rapid Prototyping Fund established under section 804(d) of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 2302 note); or (2) credited to a military-department specific fund established under section 804(d)(2) of the National Defense Authorization Act for Fiscal Year 2016 (as amended by section 897 of the National Defense Authorization Act for Fiscal Year 2017).

Sec. 8127. In addition to amounts provided elsewhere in this Act, there is appropriated $235,000,000, for an additional amount for ``Operation and Maintenance, Defense-Wide'', to remain available until expended: Provided, That such funds shall only be available to the Secretary of Defense, acting through the Office of Economic Adjustment of the Department of Defense, or for transfer to the Secretary of Education, notwithstanding any other provision of law, to make grants, conclude cooperative agreements, or supplement other Federal funds to construct, renovate, repair, or expand elementary and secondary public schools on military installations in order to address capacity or facility condition deficiencies at such schools: Provided further, That in making such funds available, the Office of Economic Adjustment or the Secretary of Education shall give priority consideration to those military installations with schools having the most serious capacity or facility condition deficiencies as determined by the Secretary of Defense: Provided further, That as a condition of receiving funds under this section a local educational agency or State shall provide a matching share as described in the notice titled ``Department of Defense Program for Construction, Renovation, Repair or Expansion of Public Schools Located on Military Installations'' published by the Department of Defense in the Federal Register on September 9, 2011 (76 Fed. Reg. 55883 et seq.): Provided further, That these provisions apply to funds provided under this section, and to funds previously provided by Congress to construct, renovate, repair, or expand elementary and secondary public schools on military installations in order to address capacity or facility condition deficiencies at

such schools to the extent such funds remain unobligated on the date of enactment of this section. Sec. 8128. In carrying out the program described in the memorandum on the subject of ``Policy for Assisted Reproductive Services for the Benefit of Seriously or Severely Ill/Injured (Category II or III) Active Duty Service Members'' issued by the Assistant Secretary of Defense for Health Affairs on April 3, 2012, and the guidance issued to implement such memorandum, the Secretary of Defense shall apply such policy and guidance, except that-- (1) the limitation on periods regarding embryo cryopreservation and storage set forth in part III(G) and in part IV(H) of such memorandum shall not apply; and (2) the term ``assisted reproductive technology'' shall include embryo cryopreservation and storage without limitation on the duration of such cryopreservation and storage.

Sec. 8129. None of the funds made available by this Act may be used to provide arms, training, or other assistance to the Azov Battalion. Sec. 8130. None of the funds made available by this Act may be used to purchase heavy water from Iran. Sec. 8131. Section 316(a)(2) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91) is amended by striking ``the study under this subsection'' and inserting ``the study and assessment under this section''. Sec. 8132. Notwithstanding any other provision of law, from funds made available to the Department of Defense in title II of this Act under the heading ``Operation and Maintenance, Defense-Wide'', $15,000,000 shall be available for a project in a country designated by the Secretary of Defense: Provided, That in furtherance of the project the Department of Defense is authorized to acquire services, including services performed pursuant to a grant agreement, from another Federal agency, on an advance of funds or reimbursable basis: Provided further, That an order for services placed under this section is deemed to be an obligation in the same manner that a similar order placed under a contract with a private contractor is an obligation.

TITLE IX

OVERSEAS CONTINGENCY OPERATIONS

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for ``Military Personnel, Army'', $2,683,694,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Military Personnel, Navy

For an additional amount for ``Military Personnel, Navy'', $377,857,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Military Personnel, Marine Corps

For an additional amount for ``Military Personnel, Marine Corps'', $103,979,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Military Personnel, Air Force

For an additional amount for ``Military Personnel, Air Force'', $914,119,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Reserve Personnel, Army

For an additional amount for ``Reserve Personnel, Army'', $24,942,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Reserve Personnel, Navy

For an additional amount for ``Reserve Personnel, Navy'', $9,091,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Reserve Personnel, Marine Corps

For an additional amount for ``Reserve Personnel, Marine Corps'', $2,328,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Reserve Personnel, Air Force

For an additional amount for ``Reserve Personnel, Air Force'', $20,569,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

National Guard Personnel, Army

For an additional amount for ``National Guard Personnel, Army'', $184,589,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

National Guard Personnel, Air Force

For an additional amount for ``National Guard Personnel, Air Force'', $5,004,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

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

Operation and Maintenance, Navy

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

Operation and Maintenance, Marine Corps

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

Operation and Maintenance, Air Force

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

Operation and Maintenance, Defense-Wide

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

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

Operation and Maintenance, Army Reserve

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

Operation and Maintenance, Navy Reserve

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

Operation and Maintenance, Marine Corps Reserve

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

Operation and Maintenance, Air Force Reserve

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

Operation and Maintenance, Army National Guard

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

Operation and Maintenance, Air National Guard

For an additional amount for ``Operation and Maintenance, Air National Guard'', $15,400,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Afghanistan Security Forces Fund

For the ``Afghanistan Security Forces Fund'', $4,666,815,000, to remain available until September 30, 2019: Provided, That such funds shall be available to the Secretary of Defense for the purpose of allowing the Commander, Combined Security Transition Command-- Afghanistan, or the Secretary's designee, to provide assistance, with the concurrence of the Secretary of State, to the security forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, construction, and funding: Provided further, That the Secretary of Defense may obligate and expend funds made available to the Department of Defense in this title for additional costs associated with existing projects previously funded with amounts provided under the heading ``Afghanistan Infrastructure Fund'' in prior Acts: Provided further, That such costs shall be limited to contract changes resulting from inflation, market fluctuation, rate adjustments, and other necessary contract actions to complete existing projects, and associated supervision and administration costs and costs for design during construction: Provided further, That the Secretary may not use more than $50,000,000 under the authority provided in this section: Provided further, That the Secretary shall notify in advance such contract changes and adjustments in annual reports to the congressional defense committees: Provided further, That the authority to provide assistance under this heading is in addition to any other authority to provide assistance to foreign nations: Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or international organization may be credited to this Fund, to remain available until expended, and used for such purposes: Provided further, That the Secretary of Defense shall notify the congressional defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of the funds received and the specific use of such contributions: Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to obligating from this appropriation account, notify the congressional defense committees in writing of the details of any such obligation: Provided further, That the Secretary of Defense shall notify the congressional defense committees of any proposed new projects or transfer of funds between budget sub-activity groups in excess of $20,000,000: Provided further, That the United States may accept equipment procured using funds provided under this

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

Counter-ISIS Train and Equip Fund

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

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

PROCUREMENT

Aircraft Procurement, Army

For an additional amount for ``Aircraft Procurement, Army'', $420,086,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Missile Procurement, Army

For an additional amount for ``Missile Procurement, Army'', $709,283,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Procurement of Weapons and Tracked Combat Vehicles, Army

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

Procurement of Ammunition, Army

For an additional amount for ``Procurement of Ammunition, Army'', $191,836,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Other Procurement, Army

For an additional amount for ``Other Procurement, Army'', $405,575,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Aircraft Procurement, Navy

For an additional amount for ``Aircraft Procurement, Navy'', $157,300,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Weapons Procurement, Navy

For an additional amount for ``Weapons Procurement, Navy'', $130,994,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Procurement of Ammunition, Navy and Marine Corps

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

Other Procurement, Navy

For an additional amount for ``Other Procurement, Navy'', $239,359,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Procurement, Marine Corps

For an additional amount for ``Procurement, Marine Corps'', $64,307,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Aircraft Procurement, Air Force

For an additional amount for ``Aircraft Procurement, Air Force'', $503,938,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Missile Procurement, Air Force

For an additional amount for ``Missile Procurement, Air Force'', $481,700,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Space Procurement, Air Force

For an additional amount for ``Space Procurement, Air Force'', $2,256,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Procurement of Ammunition, Air Force

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

Other Procurement, Air Force

For an additional amount for ``Other Procurement, Air Force'', $3,324,590,000, to remain available until September 30, 2020: Provided, That such amount is designated by the Congress for Overseas

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Procurement, Defense-Wide

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

National Guard and Reserve Equipment Account

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

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

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

Research, Development, Test and Evaluation, Navy

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

Research, Development, Test and Evaluation, Air Force

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

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Research, Development, Test and Evaluation, Defense-Wide

For an additional amount for ``Research, Development, Test and Evaluation, Defense-Wide'', $394,396,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For an additional amount for ``Defense Working Capital Funds'', $148,956,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For an additional amount for ``Defense Health Program'', $395,805,000, which shall be for operation and maintenance: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Drug Interdiction and Counter-Drug Activities, Defense

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

Office of the Inspector General

For an additional amount for the ``Office of the Inspector General'', $24,692,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

GENERAL PROVISIONS--THIS TITLE

Sec. 9001. Notwithstanding any other provision of law, funds made available in this title are in addition to amounts appropriated or otherwise made available for the Department of Defense for fiscal year 2018.

(including transfer of funds)

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

(1) The location, nature and purpose of the proposed project, including how the project is intended to advance the military campaign plan for the country in which it is to be carried out. (2) The budget, implementation timeline with milestones, and completion date for the proposed project, including any other CERP funding that has been or is anticipated to be contributed to the completion of the project. (3) A plan for the sustainment of the proposed project, including the agreement with either the host nation, a non- Department of Defense agency of the United States Government or a third-party contributor to finance the sustainment of the activities and maintenance of any equipment or facilities to be provided through the proposed project.

Sec. 9006. Funds available to the Department of Defense for operation and maintenance may be used, notwithstanding any other provision of law, to provide supplies, services, transportation, including airlift and sealift, and other logistical support to allied forces participating in a combined operation with the armed forces of the United States and coalition forces supporting military and stability operations in Afghanistan and to counter the Islamic State of Iraq and Syria: Provided, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this section. Sec. 9007. None of the funds appropriated or otherwise made available by this or any other Act shall be obligated or expended by the United States Government for a purpose as follows: (1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq. (2) To exercise United States control over any oil resource of Iraq. (3) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Afghanistan.

Sec. 9008. None of the funds made available in this Act may be used in contravention of the following laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984): (1) Section 2340A of title 18, United States Code. (2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed thereto, including regulations under part 208 of title 8, Code of Federal Regulations, and part 95 of title 22, Code of Federal Regulations. (3) Sections 1002 and 1003 of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148).

Sec. 9009. None of the funds provided for the ``Afghanistan Security Forces Fund'' (ASFF) may be obligated prior to the approval of a financial and activity plan by the Afghanistan Resources Oversight Council (AROC) of the Department of Defense: Provided, That the AROC must approve the requirement and acquisition plan for any service requirements in excess of

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

Sec. 9016. (a) None of the funds appropriated or otherwise made available by this Act under the heading ``Operation and Maintenance, Defense-Wide'' for payments under section 1233 of Public Law 110-181 for reimbursement to the Government of Pakistan may be made available unless the Secretary of Defense, in coordination with the Secretary of State, certifies to the congressional defense committees that the Government of Pakistan is-- (1) cooperating with the United States in counterterrorism efforts against the Haqqani Network, the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other domestic and foreign terrorist organizations, including taking steps to end support for such groups and prevent them from basing and operating in Pakistan and carrying out cross border attacks into neighboring countries; (2) not supporting terrorist activities against United States or coalition forces in Afghanistan, and Pakistan's military and intelligence agencies are not intervening extra- judicially into political and judicial processes in Pakistan; (3) dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the manufacture of IEDs; (4) preventing the proliferation of nuclear-related material and expertise; (5) implementing policies to protect judicial independence and due process of law; (6) issuing visas in a timely manner for United States visitors engaged in counterterrorism efforts and assistance programs in Pakistan; and (7) providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani civilians affected by the conflict.

(b) The Secretary of Defense, in coordination with the Secretary of State, may waive the restriction in subsection (a) on a case-by-case basis by certifying in writing to the congressional defense committees that it is in the national security interest to do so: Provided, That if the Secretary of Defense, in coordination with the Secretary of State, exercises such waiver authority, the Secretaries shall report to the congressional defense committees on both the justification for the waiver and on the requirements of this section that the Government of Pakistan was not able to meet: Provided further, That such report may be submitted in classified form if necessary.

(including transfer of funds)

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

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

(rescissions)

Sec. 9020. Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided, That such amounts are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985: ``Operation and Maintenance, Defense-Wide: Coalition Support Fund'', 2017/2018, $500,000,000; ``Operation and Maintenance, Defense-Wide: DSCA Security Cooperation'', 2017/2018, $250,000,000; ``Afghanistan Security Forces Fund'', 2017/2018, $100,000,000; ``Counter-ISIL Train and Equip Fund'', 2017/2018, $80,000,000; ``Other Procurement, Air Force'', 2017/2019, $25,100,000; and ``Counter-ISIL Overseas Contingency Operations Transfer Fund'', XXXX, $1,610,000,000.

Sec. 9021. (a) Not later than 30 days after the date of the enactment of this Act, the President shall submit to Congress a report on the United States strategy to defeat Al-Qaeda, the Taliban, the Islamic State of Iraq and Syria (ISIS), and their associated forces and co-belligerents. (b) The report required under subsection (a) shall include the following:

(1) An analysis of the adequacy of the existing legal framework to accomplish the strategy described in subsection (a), particularly with respect to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) and the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note). (2) An analysis of the budgetary resources necessary to accomplish the strategy described in subsection (a).

(c) Not later than 30 days after the date on which the President submits to the appropriate congressional committees the report required by subsection (a), the Secretary of State and the Secretary of Defense shall testify at any hearing held by any of the appropriate congressional committees on the report and to which the Secretary is invited. (d) In this section, the term ``appropriate congressional committees'' means-- (1) the Committees on Foreign Relations, Armed Services and Appropriations of the Senate; and (2) the Committees on Foreign Affairs, Armed Services and Appropriations of the House of Representatives.

Sec. 9022. Funds available for the Afghanistan Security Forces Fund may be used to provide limited training, equipment, and other assistance that would otherwise be prohibited by 10 U.S.C. 362 to a unit of the security forces of Afghanistan only if the Secretary certifies to the congressional defense committees, within 30 days of a decision to provide such assistance, that (1) a denial of such assistance would present significant risk to U.S. or coalition forces or significantly undermine United States national security objectives in Afghanistan; and (2) the Secretary has sought a commitment by the Government of Afghanistan to take all necessary corrective steps: Provided, That such certification shall be accompanied by a report describing: (1) the information relating to the gross violation of human rights; (2) the circumstances that necessitated the provision of such assistance; (3) the Afghan security force unit involved; (4) the assistance provided and the assistance withheld; and (5) the corrective steps to be taken by the Government of Afghanistan: Provided further, That every 120 days after the initial report an additional report shall be submitted detailing the status of any corrective steps taken by the Government of Afghanistan: Provided further, That if the Government of Afghanistan has not initiated necessary corrective steps within one year of the certification, the authority under this section to provide assistance to such unit shall no longer apply: Provided further, That the Secretary shall submit a report to such committees detailing the final disposition of the case by the Government of Afghanistan. This division may be cited as the ``Department of Defense Appropriations Act, 2018''.

DIVISION D--ENERGY <<NOTE: Energy and Water Development and Related Agencies Appropriations Act, 2018.>> AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2018

TITLE I

CORPS OF ENGINEERS--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

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

investigations

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

construction

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

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

mississippi river and tributaries

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

operation and maintenance

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

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

regulatory program

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

formerly utilized sites remedial action program

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

flood control and coastal emergencies

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

expenses

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

office of the assistant secretary of the army for civil works

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

the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress a work plan that allocates at least 95 percent of the additional funding provided under each heading in this title (as designated under such heading in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act)) to specific programs, projects, or activities.

GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

(including transfer of funds)

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

further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 may be reprogrammed into any continuing study or activity that did not receive an appropriation; (9) Mississippi river and tributaries.--The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account, respectively; and (10) Formerly utilized sites remedial action program.-- Reprogramming of up to 15 percent of the base of the receiving project is permitted.

(b) De Minimus Reprogrammings.--In no case should a reprogramming for less than $50,000 be submitted to the House and Senate Committees on Appropriations. (c) Continuing Authorities Program.--Subsection (a)(1) shall not apply to any project or activity funded under the continuing authorities program. (d) Not later than 60 days after the date of enactment of this Act, the Secretary shall submit a report to the House and Senate Committees on Appropriations to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year which shall include: (1) A table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if applicable, and the fiscal year enacted level; and (2) A delineation in the table for each appropriation both by object class and program, project and activity as detailed in the budget appendix for the respective appropriations; and (3) An identification of items of special congressional interest.

Sec. 102. The Secretary shall allocate funds made available in this Act solely in accordance with the provisions of this Act and the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), including the determination and designation of new starts. Sec. 103. None of the funds made available in this title may be used to award or modify any contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated, except that such amounts may include any funds that have been made available through reprogramming pursuant to section 101. Sec. 104. The Secretary of the Army may transfer to the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and expend, up to $5,400,000 of funds provided in this title under the heading ``Operation and Maintenance'' to mitigate for fisheries lost due to Corps of Engineers projects. Sec. 105. None of the funds in this Act shall be used for an open lake placement alternative for dredged material, after evaluating the least costly, environmentally acceptable manner for the disposal or management of dredged material originating from Lake Erie or tributaries thereto, unless it is approved under a State water quality certification pursuant to section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341): Provided, That until an open lake placement alternative for dredged material is approved under a State water quality certification, the Corps

of Engineers shall continue upland placement of such dredged material consistent with the requirements of section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211). Sec. 106. None of the funds made available in this title may be used for any acquisition of buoy chain that is not consistent with 48 CFR 225.7007, subsections (a)(1) and (a)(2). Sec. 107. None of the funds made available by this Act may be used to carry out any water supply reallocation study under the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized under the Act of July 24, 1946 (60 Stat. 636, ch. 595). Sec. 108. None of the funds made available by this Act may be used to require a permit for the discharge of dredged or fill material under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for the activities identified in subparagraphs (A) and (C) of section 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). Sec. 109. Relative to the Rough River Lake Flowage Easement Encroachment Resolution Plan, the Chief of Engineers shall submit to the Committees on Appropriations of both Houses of Congress, not later than 180 days after the date of enactment of this Act, a report that includes an inventory of habitable structures and improvements built, installed, or established in the flowage easement boundary; whether each such structure or improvement in the inventory was built, installed or established within the flowage easement boundary before or after the surveys conducted by the Corps of Engineers in 2013, 2014, and 2015; and what notice landowners had of the flowage easement boundary prior to those surveys.

TITLE II

DEPARTMENT OF THE INTERIOR

Central Utah Project

central utah project completion account

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

Bureau of Reclamation

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

water and related resources

(including transfers of funds)

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

central valley project restoration fund

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

full amount of the additional mitigation and restoration payments authorized by section 3407(d) of Public Law 102-575: Provided further, That none of the funds made available under this heading may be used for the acquisition or leasing of water for in-stream purposes if the water is already committed to in-stream purposes by a court adopted decree or order.

california bay-delta restoration

(including transfers of funds)

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

policy and administration

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

administrative provision

Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed five passenger motor vehicles, which are for replacement only.

GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

Sec. 201. (a) None of the funds provided in title II of this Act for Water and Related Resources, or provided by previous or subsequent appropriations Acts to the agencies or entities funded in title II of this Act for Water and Related Resources that remain available for obligation or expenditure in fiscal year 2018, shall be available for obligation or expenditure through a reprogramming of funds that-- (1) initiates or creates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by this Act, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate; (4) restarts or resumes any program, project or activity for which funds are not provided in this Act, unless prior

approval is received from the Committees on Appropriations of the House of Representatives and the Senate; (5) transfers funds in excess of the following limits, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: (A) 15 percent for any program, project or activity for which $2,000,000 or more is available at the beginning of the fiscal year; or (B) $400,000 for any program, project or activity for which less than $2,000,000 is available at the beginning of the fiscal year; (6) transfers more than $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate; or (7) transfers, where necessary to discharge legal obligations of the Bureau of Reclamation, more than $5,000,000 to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate.

(b) Subsection (a)(5) shall not apply to any transfer of funds within the Facilities Operation, Maintenance, and Rehabilitation category. (c) For purposes of this section, the term transfer means any movement of funds into or out of a program, project, or activity. (d) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of the House of Representatives and the Senate detailing all the funds reprogrammed between programs, projects, activities, or categories of funding. The first quarterly report shall be submitted not later than 60 days after the date of enactment of this Act. Sec. 202. (a) None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. (b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the ``Cleanup Program-- Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment Plan'' described in the report entitled ``Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995'', prepared by the Department of the Interior, Bureau of Reclamation. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law.

Sec. 203. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking ``2017'' and inserting ``2020''. (b) Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) is amended by-- (1) striking ``2017'' and inserting ``2020''; and (2) striking ``$90,000,000'' and inserting ``$120,000,000''.

Sec. 204. Notwithstanding any other provision of law, during the period from November 1 through April 30, water users may use their diversion structures for the purpose of recharging the Eastern Snake Plain Aquifer, when the Secretary, in consultation with the Advisory Committee and Water District 1 watermaster, determines there is water available in excess of that needed to satisfy existing Minidoka Project storage and hydropower rights and ensure operational flexibility.

TITLE III

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

Energy Efficiency and Renewable Energy

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

Electricity Delivery and Energy Reliability

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

Nuclear Energy

For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for nuclear energy activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,205,056,000, to remain available until

expended: Provided, That of such amount, $80,000,000 shall be available until September 30, 2019, for program direction.

Fossil Energy Research and Development

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

Naval Petroleum and Oil Shale Reserves

For Department of Energy expenses necessary to carry out naval petroleum and oil shale reserve activities, $4,900,000, to remain available until expended: Provided, That notwithstanding any other provision of law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities.

Strategic Petroleum Reserve

For Department of Energy expenses necessary for Strategic Petroleum Reserve facility development and operations and program management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $252,000,000, to remain available until expended: Provided, That, as authorized by section 404 of the Bipartisan Budget Act of 2015 (Public Law 114-74; 42 U.S.C. 6239 note), the Secretary of Energy shall draw down and sell not to exceed $350,000,000 of crude oil from the Strategic Petroleum Reserve in fiscal year 2018: Provided further, That the proceeds from such drawdown and sale shall be deposited into the ``Energy Security and Infrastructure Modernization Fund'' during fiscal year 2018: Provided further, That such amounts shall remain available until expended for necessary expenses to carry out the Life Extension II project for the Strategic Petroleum Reserve: Provided further, That section 158 of the Continuing Appropriations Act, 2018 (division D of Public Law 115-56), as amended by the Further Extension of Continuing Appropriations Act, 2018 (subdivision 3 of division B of Public Law 115-123), shall no longer apply.

SPR Petroleum Account

For the acquisition, transportation, and injection of petroleum products, and for other necessary expenses pursuant to the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note), and section 5010 of the 21st Century Cures Act (Public Law 114-255), $8,400,000, to remain available until expended.

Northeast Home Heating Oil Reserve

For Department of Energy expenses necessary for Northeast Home Heating Oil Reserve storage, operation, and management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $6,500,000, to remain available until expended.

Energy Information Administration

For Department of Energy expenses necessary in carrying out the activities of the Energy Information Administration, $125,000,000, to remain available until expended.

Non-Defense Environmental Cleanup

For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $298,400,000, to remain available until expended.

Uranium Enrichment Decontamination and Decommissioning Fund

For Department of Energy expenses necessary in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title II of the Atomic Energy Act of 1954, and title X, subtitle A, of the Energy Policy Act of 1992, $840,000,000, to be derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended, of which $35,732,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992.

Science

For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or facility or for plant or facility acquisition, construction, or expansion, and purchase of not more than 16 passenger motor vehicles for replacement only, including one ambulance and one bus, $6,259,903,000, to remain available until expended: Provided, That of such amount, $183,000,000 shall be available until September 30, 2019, for program direction.

Advanced Research Projects Agency--Energy

For Department of Energy expenses necessary in carrying out the activities authorized by section 5012 of the America COMPETES Act (Public Law 110-69), $353,314,000, to remain available until expended: Provided, That of such amount, $29,250,000 shall be available until September 30, 2019, for program direction.

Title 17 Innovative Technology Loan Guarantee Program

Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of 2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: Provided, That for necessary administrative expenses to carry out this Loan Guarantee program, $33,000,000 is appropriated from fees collected in prior years pursuant to section 1702(h) of the Energy Policy Act of 2005 which are not otherwise appropriated, to remain available until September 30, 2019: Provided further, That if the amount in the previous proviso is not available from such fees, an amount for such purposes is also appropriated from the general fund so as to result in a total amount appropriated for such purpose of no more than $23,000,000: Provided further, That fees collected pursuant to such section 1702(h) for fiscal year 2018 shall be credited as offsetting collections under this heading and shall not be available until appropriated: Provided further, That the Department of Energy shall not subordinate any loan obligation to other financing in violation of section 1702 of the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation to any loan or other debt obligations in violation of section 609.10 of title 10, Code of Federal Regulations.

Advanced Technology Vehicles Manufacturing Loan Program

For Department of Energy administrative expenses necessary in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $5,000,000, to remain available until September 30, 2019.

Tribal Energy Loan Guarantee Program

For Department of Energy administrative expenses necessary in carrying out the Tribal Energy Loan Guarantee Program, $1,000,000, to remain available until September 30, 2019.

Departmental Administration

For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), $285,652,000, to remain available until September 30, 2019, including the hire of passenger motor vehicles and official reception and representation expenses not to exceed $30,000, plus such additional amounts as necessary to cover increases in the estimated amount of cost of work for others notwithstanding the provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work are offset by revenue increases of the same or greater amount: Provided further, That moneys received by the Department for miscellaneous revenues estimated to total $96,000,000 in fiscal year 2018 may be retained and used for operating expenses within this account, as authorized by section 201 of Public Law 95-238, notwithstanding the provisions of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced as collections are received during the

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

Office of the Inspector General

For expenses necessary for the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, $49,000,000, to remain available until September 30, 2019.

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY ADMINISTRATION

Weapons Activities

For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $10,642,138,000, to remain available until expended: Provided, That of such amount, $105,600,000 shall be available until September 30, 2019, for program direction.

Defense Nuclear Nonproliferation

(including rescission of funds)

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

Naval Reactors

(including transfer of funds)

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

Programs--Nuclear Energy'', for the Advanced Test Reactor: Provided, That of such amount, $47,651,000 shall be available until September 30, 2019, for program direction.

Federal Salaries and Expenses

For expenses necessary for Federal Salaries and Expenses in the National Nuclear Security Administration, $407,595,000, to remain available until September 30, 2019, including official reception and representation expenses not to exceed $12,000.

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

Defense Environmental Cleanup

For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense environmental cleanup activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $5,988,048,000, to remain available until expended: Provided, That of such amount, $300,000,000 shall be available until September 30, 2019, for program direction.

Other Defense Activities

For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses, necessary for atomic energy defense, other defense activities, and classified activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $840,000,000, to remain available until expended: Provided, That of such amount, $284,653,000 shall be available until September 30, 2019, for program direction.

POWER MARKETING ADMINISTRATIONS

Bonneville Power Administration Fund

Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93-454, are approved for official reception and representation expenses in an amount not to exceed $5,000: Provided, That during fiscal year 2018, no new direct loan obligations may be made.

Operation and Maintenance, Southeastern Power Administration

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

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

Operation and Maintenance, Southwestern Power Administration

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

Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration

For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and

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

Falcon and Amistad Operating and Maintenance Fund

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

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

Federal Energy Regulatory Commission

salaries and expenses

For expenses necessary for the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 3109, official reception and representation expenses not to exceed $3,000, and the hire of passenger motor vehicles, $367,600,000, to remain available until expended: Provided, That <<NOTE: 42 USC 7171 note.>> notwithstanding any other provision of law, not to exceed $367,600,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2018 shall be retained and used for expenses necessary in this account, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as revenues are received during fiscal year 2018 so as to result in a final fiscal year 2018 appropriation from the general fund estimated at not more than $0.

GENERAL PROVISIONS--DEPARTMENT OF ENERGY

(including transfers of funds)

Sec. 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used to initiate or resume any program, project, or activity or to prepare or initiate Requests For Proposals or similar arrangements (including Requests for Quotations, Requests for Information, and Funding Opportunity Announcements) for a program, project, or activity if the program, project, or activity has not been funded by Congress. (b)(1) Unless the Secretary of Energy notifies the Committees on Appropriations of both Houses of Congress at least 3 full business days in advance, none of the funds made available in this title may be used to-- (A) make a grant allocation or discretionary grant award totaling $1,000,000 or more; (B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation; (C) issue a letter of intent to make an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B); or (D) announce publicly the intention to make an allocation, award, or Agreement in excess of the limits in subparagraph (A) or (B).

(2) The Secretary of Energy shall submit to the Committees on Appropriations of both Houses of Congress within 15 days of the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 provided during the previous quarter. (3) The notification required by paragraph (1) and the report required by paragraph (2) shall include the recipient of the award, the amount of the award, the fiscal year for which the funds for the award were appropriated, the account and program, project, or activity from which the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made. (c) The Department of Energy may not, with respect to any program, project, or activity that uses budget authority made available in this title under the heading ``Department of Energy--Energy Programs'', enter into a multiyear contract, award a multiyear grant, or enter into a multiyear cooperative agreement unless-- (1) the contract, grant, or cooperative agreement is funded for the full period of performance as anticipated at the time of award; or (2) the contract, grant, or cooperative agreement includes a clause conditioning the Federal Government's obligation on the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both Houses of Congress at least 3 days in advance.

(d) Except as provided in subsections (e), (f), and (g), the amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified in the ``Final Bill'' column in the ``Department of Energy'' table included under the heading ``Title III--Department of Energy'' in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). (e) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program, project, or activity funding level to increase or decrease by more than $5,000,000 or 10 percent, whichever is less, during the time period covered by this Act. (f) None of the funds provided in this title shall be available for obligation or expenditure through a reprogramming of funds that-- (1) creates, initiates, or eliminates a program, project, or activity; (2) increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act; or (3) reduces funds that are directed to be used for a specific program, project, or activity by this Act.

(g)(1) The Secretary of Energy may waive any requirement or restriction in this section that applies to the use of funds made available for the Department of Energy if compliance with such requirement or restriction would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Secretary of Energy shall notify the Committees on Appropriations of both Houses of Congress of any waiver under

paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver. (h) The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted. Sec. 302. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2018 until the enactment of the Intelligence Authorization Act for fiscal year 2018. Sec. 303. None of the funds made available in this title shall be used for the construction of facilities classified as high-hazard nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure the project is in compliance with nuclear safety requirements. Sec. 304. None of the funds made available in this title may be used to approve critical decision-2 or critical decision-3 under Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision. Sec. 305. (a) None of the funds made available in this or any prior Act under the heading ``Defense Nuclear Nonproliferation'' may be made available to enter into new contracts with, or new agreements for Federal assistance to, the Russian Federation. (b) The Secretary of Energy may waive the prohibition in subsection (a) if the Secretary determines that such activity is in the national security interests of the United States. This waiver authority may not be delegated. (c) A waiver under subsection (b) shall not be effective until 15 days after the date on which the Secretary submits to the Committees on Appropriations of both Houses of Congress, in classified form if necessary, a report on the justification for the waiver. Sec. 306. (a) New Regional Reserves.--The Secretary of Energy may not establish any new regional petroleum product reserve unless funding for the proposed regional petroleum product reserve is explicitly requested in advance in an annual budget submission and approved by the Congress in an appropriations Act. (b) The budget request or notification shall include-- (1) the justification for the new reserve; (2) a cost estimate for the establishment, operation, and maintenance of the reserve, including funding sources; (3) a detailed plan for operation of the reserve, including the conditions upon which the products may be released; (4) the location of the reserve; and (5) the estimate of the total inventory of the reserve.

Sec. 307. The Secretary of Energy may not transfer more than $274,833,000 from the amounts made available under this title to the working capital fund established under section 653

of the Department of Energy Organization Act (42 U.S.C. 7263): Provided, That the Secretary may transfer additional amounts to the working capital fund after the Secretary provides notification in advance of any such transfer to the Committees on Appropriations of both Houses of Congress: Provided further, That any such notification shall identify the sources of funds by program, project, or activity: Provided further, That the Secretary shall notify the Committees on Appropriations of both Houses of Congress before adding or removing any activities from the fund. Sec. 308. Not later than 90 days after the date of enactment of this Act, the Secretary of the Department of Energy, in consultation with the Office of Management and Budget, shall submit to the Committees on Appropriations of both Houses of Congress a report that provides a detailed explanation, using specific receipts data and legal authorities, of how each of the Western Area Power Administration, the Southwestern Power Administration, and the Southeastern Power Administration are executing current receipt authority provided in this and prior year appropriations Acts to create carryover of unobligated balances for purchase power and wheeling expenditures. Sec. 309. (a) Funds provided by this Act for Project 99-D-143, Mixed Oxide Fuel Fabrication Facility, and any funds provided by prior Acts for such Project that remain unobligated, may be made available only for construction and project support activities for such Project. (b) The Secretary of Energy shall not be subject to the requirements of subsection (a) if the Secretary waives the requirements of section 3121(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91) in accordance with subsection (b) of such section. (c) If the Secretary waives the requirements of section 3121(a) of the National Defense Authorization Act for Fiscal Year 2018, the Secretary-- (1) shall concurrently submit to the Committees on Appropriations of both Houses of Congress the lifecycle cost estimate used to make the certification under section 3121(b) of such Act; and (2) may not use funds provided for the Project to eliminate such Project until the date that is 30 days after the submission of the lifecycle cost estimate required under paragraph (1).

Sec. 310. The unappropriated receipts currently in the Uranium Supply and Enrichment Activities account shall be transferred to and merged with the Uranium Enrichment Decontamination and Decommissioning Fund and shall be available only to the extent provided in advance in appropriations Acts. Sec. 311. Notwithstanding section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), upon a determination by the President in this fiscal year that a regional supply shortage of refined petroleum product of significant scope and duration exists, that a severe increase in the price of refined petroleum product will likely result from such shortage, and that a draw down and sale of refined petroleum product would assist directly and significantly in reducing the adverse impact of such shortage, the Secretary of Energy may draw down and sell refined petroleum product from the Strategic Petroleum Reserve. Proceeds from a sale under this section shall be deposited into the SPR Petroleum Account established in section 167 of the Energy Policy and Conservation

Act (42 U.S.C. 6247), and such amounts shall be available for obligation, without fiscal year limitation, consistent with that section.

TITLE IV

INDEPENDENT AGENCIES

Appalachian Regional Commission

For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $155,000,000, to remain available until expended.

Defense Nuclear Facilities Safety Board

salaries and expenses

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

Delta Regional Authority

salaries and expenses

For expenses necessary for the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said Act, $25,000,000, to remain available until expended.

Denali Commission

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

Northern Border Regional Commission

For expenses necessary for the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $15,000,000, to remain available until expended: Provided, That such amounts shall be available for administrative expenses, notwithstanding section 15751(b) of title 40, United States Code: Provided further, That during fiscal year 2018, the duties and authority of the Federal Cochairperson shall be assumed by the Northern Border Regional Commission Program Director if the position of the Federal Cochairperson and Alternate Federal Cochairperson is vacant.

Southeast Crescent Regional Commission

For expenses necessary for the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, United States Code, $250,000, to remain available until expended.

Nuclear Regulatory Commission

salaries and expenses

(including rescission of funds)

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

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

office of inspector general

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

Nuclear Waste Technical Review Board

salaries and expenses

For expenses necessary for the Nuclear Waste Technical Review Board, as authorized by Public Law 100-203, section 5051, $3,600,000, to be derived from the Nuclear Waste Fund, to remain available until September 30, 2019.

GENERAL PROVISIONS--INDEPENDENT AGENCIES

Sec. 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information. Sec. 402. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act. (b)(1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later

than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities. (c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for ``Nuclear Regulatory Commission-- Salaries and Expenses'' shall be expended as directed in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). (d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. (e) The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations-- (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations.

TITLE V

GENERAL PROVISIONS

Sec. 501. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. Sec. 502. (a) None of the funds made available in title III of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the report of the Committee on Appropriations accompanying this Act, or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (b) None of the funds made available for any department, agency, or instrumentality of the United States Government may be transferred to accounts funded in title III of this Act, except pursuant to a transfer made by or transfer authority provided in this Act or any other appropriations Act for any fiscal year, transfer authority referenced in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. (c) The head of any relevant department or agency funded in this Act utilizing any transfer authority shall submit to the Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any

authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality, used in the previous 6 months and in the year-to-date. This report shall include the amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority. Sec. 503. None of the funds made available by this Act may be used in contravention of Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). Sec. 504. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. This division may be cited as the ``Energy and Water Development and Related Agencies Appropriations Act, 2018''.

DIVISION E--FINANCIAL <<NOTE: Financial Services and General Government Appropriations Act, 2018. Department of the Treasury Appropriations Act, 2018.>> SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2018

TITLE I

DEPARTMENT OF THE TREASURY

Departmental Offices

salaries and expenses

For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Freedman's Bank Building; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business; executive direction program activities; international affairs and economic policy activities; domestic finance and tax policy activities, including technical assistance to Puerto Rico; and Treasury-wide management policies and programs activities, $201,751,000: Provided, That of the amount appropriated under this heading-- (1) not to exceed $350,000 is for official reception and representation expenses; (2) not to exceed $258,000 is for unforeseen emergencies of a confidential nature to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on the Secretary's certificate; and (3) not to exceed $24,000,000 shall remain available until September 30, 2019, for-- (A) the Treasury-wide Financial Statement Audit and Internal Control Program; (B) information technology modernization requirements; (C) the audit, oversight, and administration of the Gulf Coast Restoration Trust Fund;

(D) the development and implementation of programs within the Office of Critical Infrastructure Protection and Compliance Policy, including entering into cooperative agreements; (E) operations and maintenance of facilities; and (F) international operations.

office of terrorism and financial intelligence

salaries and expenses

For the necessary expenses of the Office of Terrorism and Financial Intelligence to safeguard the financial system against illicit use and to combat rogue nations, terrorist facilitators, weapons of mass destruction proliferators, money launderers, drug kingpins, and other national security threats, $141,778,000: Provided, That of the amount appropriated under this heading: (1) up to $32,000,000 may be transferred to the Departmental Offices Salaries and Expenses appropriation and shall be available for administrative support to the Office of Terrorism and Financial Intelligence; and (2) up to $5,000,000 shall remain available until September 30, 2019.

cybersecurity enhancement account

For salaries and expenses for enhanced cybersecurity for systems operated by the Department of the Treasury, $24,000,000, to remain available until September 30, 2020: Provided, That such funds shall supplement and not supplant any other amounts made available to the Treasury offices and bureaus for cybersecurity: Provided further, That the Chief Information Officer of the individual offices and bureaus shall submit a spend plan for each investment to the Treasury Chief Information Officer for approval: Provided further, That the submitted spend plan shall be reviewed and approved by the Treasury Chief Information Officer prior to the obligation of funds under this heading: Provided further, That of the total amount made available under this heading $1,000,000 shall be available for administrative expenses for the Treasury Chief Information Officer to provide oversight of the investments made under this heading: Provided further, That such funds shall supplement and not supplant any other amounts made available to the Treasury Chief Information Officer.

department-wide systems and capital investments programs

(including transfer of funds)

For development and acquisition of automatic data processing equipment, software, and services and for repairs and renovations to buildings owned by the Department of the Treasury, $4,426,000, to remain available until September 30, 2020: Provided, That these funds shall be transferred to accounts and in amounts as necessary to satisfy the requirements of the Department's offices, bureaus, and other organizations: Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further, That none of the funds appropriated under this heading shall be used to support or supplement

``Internal Revenue Service, Operations Support'' or ``Internal Revenue Service, Business Systems Modernization''.

office of inspector general

salaries and expenses

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $37,044,000, including hire of passenger motor vehicles; of which not to exceed $100,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General of the Treasury; of which up to $2,800,000 to remain available until September 30, 2019, shall be for audits and investigations conducted pursuant to section 1608 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of which not to exceed $1,000 shall be available for official reception and representation expenses.

treasury inspector general for tax administration

salaries and expenses

For necessary expenses of the Treasury Inspector General for Tax Administration in carrying out the Inspector General Act of 1978, as amended, including purchase and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such rates as may be determined by the Inspector General for Tax Administration; $169,634,000, of which $5,000,000 shall remain available until September 30, 2019; of which not to exceed $6,000,000 shall be available for official travel expenses; of which not to exceed $500,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General for Tax Administration; and of which not to exceed $1,500 shall be available for official reception and representation expenses.

special inspector general for the troubled asset relief program

salaries and expenses

For necessary expenses of the Office of the Special Inspector General in carrying out the provisions of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343), $34,000,000.

Financial Crimes Enforcement Network

salaries and expenses

For necessary expenses of the Financial Crimes Enforcement Network, including hire of passenger motor vehicles; travel and training expenses of non-Federal and foreign government personnel to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial regulation; services authorized by 5 U.S.C. 3109; not to exceed $10,000 for official reception and representation expenses; and for

assistance to Federal law enforcement agencies, with or without reimbursement, $115,003,000, of which not to exceed $34,335,000 shall remain available until September 30, 2020.

Treasury Forfeiture Fund

(rescission)

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

(including return of funds)

In addition, of amounts in the Treasury Forfeiture Fund, $38,800,000 from funds paid to the United States Government by BNP Paribas S.A. as part of, or related to, a plea agreement dated June 27, 2014, entered into between the Department of Justice and BNP Paribas S.A., and subject to a consent order entered by the United States District Court for the Southern District of New York on May 1, 2015, in United States v. BNPP, No. 14 Cr. 460 (S.D.N.Y.), are hereby returned to the General Fund of the Treasury.

Bureau of the Fiscal Service

salaries and expenses

For necessary expenses of operations of the Bureau of the Fiscal Service, $338,280,000; of which not to exceed $4,210,000, to remain available until September 30, 2020, is for information systems modernization initiatives; and of which $5,000 shall be available for official reception and representation expenses. In addition, $165,000, to be derived from the Oil Spill Liability Trust Fund to reimburse administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of Public Law 101-380.

Alcohol and Tobacco Tax and Trade Bureau

salaries and expenses

For necessary expenses of carrying out section 1111 of the Homeland Security Act of 2002, including hire of passenger motor vehicles, $111,439,000; of which not to exceed $6,000 for official reception and representation expenses; not to exceed $50,000 for cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement: Provided, That of the amount appropriated under this heading, $5,000,000 shall be for the costs of accelerating the processing of formula and label applications: Provided further, That of the amount appropriated under this heading, $5,000,000, to remain available until September 30, 2019, shall be for the costs associated with enforcement of the trade practice provisions of the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.).

United States Mint

united states mint public enterprise fund

Pursuant to section 5136 of title 31, United States Code, the United States Mint is provided funding through the United States Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, including both operating expenses and capital investments: Provided, That the aggregate amount of new liabilities and obligations incurred during fiscal year 2018 under such section 5136 for circulating coinage and protective service capital investments of the United States Mint shall not exceed $30,000,000.

Community Development Financial Institutions Fund Program Account

To carry out the Riegle Community Development and Regulatory Improvements Act of 1994 (subtitle A of title I of Public Law 103-325), including services authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for EX-3, $250,000,000. Of the amount appropriated under this heading-- (1) not less than $160,000,000, notwithstanding section 108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to Small and/or Emerging Community Development Financial Institutions Assistance awards, is available until September 30, 2019, for financial assistance, technical assistance, training, and outreach under subparagraphs (A) and (B) of section 108(a)(1), respectively, of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) and (B)), of which up to $2,680,000 may be used for the cost of direct loans, and of which up to $3,000,000, notwithstanding subsection (d) of section 108 of Public Law 103- 325 (12 U.S.C. 4707 (d)), may be available to provide financial assistance, technical assistance, training, and outreach to community development financial institutions to expand investments that benefit individuals with disabilities: Provided, That the cost of direct and guaranteed loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $25,000,000; (2) not less than $16,000,000, notwithstanding section 108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available until September 30, 2019, for financial assistance, technical assistance, training, and outreach programs designed to benefit Native American, Native Hawaiian, and Alaska Native communities and provided primarily through qualified community development lender organizations with experience and expertise in community development banking and lending in Indian country, Native American organizations, tribes and tribal organizations, and other suitable providers; (3) not less than $25,000,000 is available until September 30, 2019, for the Bank Enterprise Award program; (4) not less than $22,000,000, notwithstanding subsections (d) and (e) of section 108 of Public Law 103-325 (12 U.S.C. 4707(d) and (e)), is available until September 30, 2019, for

a Healthy Food Financing Initiative to provide financial assistance, technical assistance, training, and outreach to community development financial institutions for the purpose of offering affordable financing and technical assistance to expand the availability of healthy food options in distressed communities; (5) up to $27,000,000 is available until September 30, 2018, for administrative expenses, including administration of CDFI fund programs and the New Markets Tax Credit Program, of which not less than $1,000,000 is for development of tools to better assess and inform CDFI investment performance, and up to $300,000 is for administrative expenses to carry out the direct loan program; and (6) during fiscal year 2018, none of the funds available under this heading are available for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of commitments to guarantee bonds and notes under section 114A of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That commitments to guarantee bonds and notes under such section 114A shall not exceed $500,000,000: Provided further, That <<NOTE: 12 USC 4713a note.>> such section 114A shall remain in effect until December 31, 2018: Provided further, That of the funds awarded under this heading, not less than 10 percent shall be used for awards that support investments that serve populations living in persistent poverty counties: Provided further, That for the purposes of this section, the term ``persistent poverty counties'' means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the 2011- 2015 5-year data series available from the American Community Survey of the Census Bureau.

Internal Revenue Service

taxpayer services

For necessary expenses of the Internal Revenue Service to provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and other services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner, $2,506,554,000, of which not less than $9,890,000 shall be for the Tax Counseling for the Elderly Program, of which not less than $12,000,000 shall be available for low-income taxpayer clinic grants, and of which not less than $15,000,000, to remain available until September 30, 2019, shall be available for a Community Volunteer Income Tax Assistance matching grants program for tax return preparation assistance, of which not less than $206,000,000 shall be available for operating expenses of the Taxpayer Advocate Service: Provided, That of the amounts made available for the Taxpayer Advocate Service, not less than $5,500,000 shall be for identity theft casework.

enforcement

For necessary expenses for tax enforcement activities of the Internal Revenue Service to determine and collect owed taxes, to provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal

revenue laws and other financial crimes, to purchase and hire passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner, $4,860,000,000, of which not to exceed $50,000,000 shall remain available until September 30, 2019, and of which not less than $60,257,000 shall be for the Interagency Crime and Drug Enforcement program.

operations support

For necessary expenses of the Internal Revenue Service to support taxpayer services and enforcement programs, including rent payments; facilities services; printing; postage; physical security; headquarters and other IRS-wide administration activities; research and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance, and security; the hire of passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the Internal Revenue Service Oversight Board; and other services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner; $3,634,000,000, of which not to exceed $50,000,000 shall remain available until September 30, 2019; of which not to exceed $10,000,000 shall remain available until expended for acquisition of equipment and construction, repair and renovation of facilities; of which not to exceed $1,000,000 shall remain available until September 30, 2020, for research; of which not to exceed $20,000 shall be for official reception and representation expenses: Provided, That not later than 30 days after the end of each quarter, the Internal Revenue Service shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate and the Comptroller General of the United States detailing the cost and schedule performance for its major information technology investments, including the purpose and life-cycle stages of the investments; the reasons for any cost and schedule variances; the risks of such investments and strategies the Internal Revenue Service is using to mitigate such risks; and the expected developmental milestones to be achieved and costs to be incurred in the next quarter: Provided further, That the Internal Revenue Service shall include, in its budget justification for fiscal year 2019, a summary of cost and schedule performance information for its major information technology systems.

business systems modernization

For necessary expenses of the Internal Revenue Service's business systems modernization program, $110,000,000, to remain available until September 30, 2020, for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including related Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That not later than 30 days after the end of each quarter, the Internal Revenue Service shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate and the Comptroller General of the United States detailing the cost and schedule performance for major information technology investments, including the purposes and life- cycle stages of the investments; the reasons for any cost and schedule variances; the risks

of such investments and the strategies the Internal Revenue Service is using to mitigate such risks; and the expected developmental milestones to be achieved and costs to be incurred in the next quarter.

administrative provisions--internal revenue service

(including transfers of funds)

Sec. 101. Not to exceed 5 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the Committees on Appropriations. Sec. 102. The Internal Revenue Service shall maintain an employee training program, which shall include the following topics: taxpayers' rights, dealing courteously with taxpayers, cross-cultural relations, ethics, and the impartial application of tax law. Sec. 103. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality of taxpayer information and protect taxpayers against identity theft. Sec. 104. Funds made available by this or any other Act to the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers. The Commissioner shall continue to make improvements to the Internal Revenue Service 1-800 help line service a priority and allocate resources necessary to enhance the response time to taxpayer communications, particularly with regard to victims of tax- related crimes. Sec. 105. None of the funds made available to the Internal Revenue Service by this Act may be used to make a video unless the Service-Wide Video Editorial Board determines in advance that making the video is appropriate, taking into account the cost, topic, tone, and purpose of the video. Sec. 106. The Internal Revenue Service shall issue a notice of confirmation of any address change relating to an employer making employment tax payments, and such notice shall be sent to both the employer's former and new address and an officer or employee of the Internal Revenue Service shall give special consideration to an offer- in-compromise from a taxpayer who has been the victim of fraud by a third party payroll tax preparer. Sec. 107. None of the funds made available under this Act may be used by the Internal Revenue Service to target citizens of the United States for exercising any right guaranteed under the First Amendment to the Constitution of the United States. Sec. 108. None of the funds made available in this Act may be used by the Internal Revenue Service to target groups for regulatory scrutiny based on their ideological beliefs. Sec. 109. None of funds made available by this Act to the Internal Revenue Service shall be obligated or expended on conferences that do not adhere to the procedures, verification processes, documentation requirements, and policies issued by the Chief Financial Officer, Human Capital Office, and Agency-Wide Shared Services as a result of the recommendations in the report published on May 31, 2013, by the Treasury Inspector General for Tax Administration entitled ``Review of the August 2010 Small Business/

Self-Employed Division's Conference in Anaheim, California'' (Reference Number 2013-10-037). Sec. 110. None of the funds made available in this Act to the Internal Revenue Service may be obligated or expended-- (1) to make a payment to any employee under a bonus, award, or recognition program; or (2) under any hiring or personnel selection process with respect to re-hiring a former employee, unless such program or process takes into account the conduct and Federal tax compliance of such employee or former employee.

Sec. 111. None of the funds made available by this Act may be used in contravention of section 6103 of the Internal Revenue Code of 1986 (relating to confidentiality and disclosure of returns and return information). Sec. 112. Except to the extent provided in section 6014, 6020, or 6201(d) of the Internal Revenue Code of 1986, no funds in this or any other Act shall be available to the Secretary of the Treasury to provide to any person a proposed final return or statement for use by such person to satisfy a filing or reporting requirement under such Code. Sec. 113. In addition to the amounts otherwise made available in this Act for the Internal Revenue Service, $320,000,000, to be available until September 30, 2019, shall be transferred by the Commissioner to the ``Taxpayer Services'', ``Enforcement'', or ``Operations Support'' accounts of the Internal Revenue Service for an additional amount to be used solely for carrying out Public Law 115-97: Provided, That such funds shall not be available until the Commissioner submits to the Committees on Appropriations of the House of Representatives and the Senate a spending plan for such funds.

Administrative Provisions--Department of the Treasury

(including transfers of funds)

Sec. 114. Appropriations to the Department of the Treasury in this Act shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; purchase of motor vehicles without regard to the general purchase price limitations for vehicles purchased and used overseas for the current fiscal year; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services authorized by 5 U.S.C. 3109. Sec. 115. Not to exceed 2 percent of any appropriations in this title made available under the headings ``Departmental Offices--Salaries and Expenses'', ``Office of Inspector General'', ``Special Inspector General for the Troubled Asset Relief Program'', ``Financial Crimes Enforcement Network'', ``Bureau of the Fiscal Service'', and ``Alcohol and Tobacco Tax and Trade Bureau'' may be transferred between such appropriations upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided, That no transfer under this section may increase or decrease any such appropriation by more than 2 percent.

Sec. 116. Not to exceed 2 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration's appropriation upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided, That no transfer may increase or decrease any such appropriation by more than 2 percent. Sec. 117. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of Engraving and Printing may be used to redesign the $1 Federal Reserve note. Sec. 118. The Secretary of the Treasury may transfer funds from the ``Bureau of the Fiscal Service-Salaries and Expenses'' to the Debt Collection Fund as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such salaries and expenses account from debt collections received in the Debt Collection Fund. Sec. 119. None of the funds appropriated or otherwise made available by this or any other Act may be used by the United States Mint to construct or operate any museum without the explicit approval of the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Financial Services, and the Senate Committee on Banking, Housing, and Urban Affairs. Sec. 120. None of the funds appropriated or otherwise made available by this or any other Act or source to the Department of the Treasury, the Bureau of Engraving and Printing, and the United States Mint, individually or collectively, may be used to consolidate any or all functions of the Bureau of Engraving and Printing and the United States Mint without the explicit approval of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the Senate. Sec. 121. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for the Department of the Treasury's intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2018 until the enactment of the Intelligence Authorization Act for Fiscal Year 2018. Sec. 122. Not to exceed $5,000 shall be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for necessary official reception and representation expenses. Sec. 123. The Secretary of the Treasury shall submit a Capital Investment Plan to the Committees on Appropriations of the Senate and the House of Representatives not later than 30 days following the submission of the annual budget submitted by the President: Provided, That such Capital Investment Plan shall include capital investment spending from all accounts within the Department of the Treasury, including but not limited to the Department-wide Systems and Capital Investment Programs account, Treasury Franchise Fund account, and the Treasury Forfeiture Fund account: Provided further, That such Capital Investment Plan shall include expenditures occurring in previous fiscal years for each capital investment project that has not been fully completed.

Sec. 124. Within 45 days after the date of enactment of this Act, the Secretary of the Treasury shall submit an itemized report to the Committees on Appropriations of the House of Representatives and the Senate on the amount of total funds charged to each office by the Franchise Fund including the amount charged for each service provided by the Franchise Fund to each office, a detailed description of the services, a detailed explanation of how each charge for each service is calculated, and a description of the role customers have in governing in the Franchise Fund. Sec. 125. During fiscal year 2018-- (1) none of the funds made available in this or any other Act may be used by the Department of the Treasury, including the Internal Revenue Service, to issue, revise, or finalize any regulation, revenue ruling, or other guidance not limited to a particular taxpayer relating to the standard which is used to determine whether an organization is operated exclusively for the promotion of social welfare for purposes of section 501(c)(4) of the Internal Revenue Code of 1986 (including the proposed regulations published at 78 Fed. Reg. 71535 (November 29, 2013)); and (2) the standard and definitions as in effect on January 1, 2010, which are used to make such determinations shall apply after the date of the enactment of this Act for purposes of determining status under section 501(c)(4) of such Code of organizations created on, before, or after such date.

Sec. 126. (a) Not later than 60 days after the end of each quarter, the Office of Financial Stability and the Office of Financial Research shall submit reports on their activities to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives and the Senate Committee on Banking, Housing, and Urban Affairs. (b) The reports required under subsection (a) shall include-- (1) the obligations made during the previous quarter by object class, office, and activity; (2) the estimated obligations for the remainder of the fiscal year by object class, office, and activity; (3) the number of full-time equivalents within each office during the previous quarter; (4) the estimated number of full-time equivalents within each office for the remainder of the fiscal year; and (5) actions taken to achieve the goals, objectives, and performance measures of each office.

(c) At the request of any such Committees specified in subsection (a), the Office of Financial Stability and the Office of Financial Research shall make officials available to testify on the contents of the reports required under subsection (a). Sec. 127. Notwithstanding paragraph (2) of section 402(c) of the Helping Families Save their Homes Act of 2009, in utilizing funds made available by paragraph (1) of section 402(c) of such Act, the Special Inspector General for the Troubled Asset Relief Program shall prioritize the performance of audits or investigations of any program that is funded in whole or in part by funds appropriated under the Emergency Economic Stabilization Act of 2008, to the extent that such priority is consistent with other aspects of the mission of the Special Inspector General.

This title may be cited as the ``Department of the Treasury Appropriations Act, 2018''.

This title may be cited as the ``Airport and Airway Extension Act of 2018''.

Subtitle A--Federal Aviation Programs

(a) Authorization of Appropriations.--Section 48103(a) of title 49, United States Code, is amended by striking ``2012'' and all that follows through the period at the end and inserting ``2012 through 2018.''. (b) Project Grant Authority.--Section 47104(c) of title 49, United States Code, is amended in the matter preceding paragraph (1) by striking ``March 31, 2018,'' and inserting ``September 30, 2018,''.

(a) Section 47107(r)(3) of title 49, United States Code, is amended by striking ``April 1, 2018'' and inserting ``October 1, 2018''. (b) Section 47115(j) of title 49, United States Code, is amended by striking ``2017 and for the period beginning on October 1, 2017, and ending on March 31, 2018'' and inserting ``2018''. (c) Section 47124(b)(3)(E) of title 49, United States Code, is amended by striking ``2012'' and all that follows through ``2018,'' and inserting ``2012 through 2018''. (d) Section 47141(f) of title 49, United States Code, is amended by striking ``March 31, 2018'' and inserting ``September 30, 2018''. (e) Section 186(d) of the Vision 100-Century of Aviation Reauthorization Act (117 Stat. 2518) is amended by striking ``2017 and for the period beginning on October 1, 2017, and ending on March 31, 2018,'' and inserting ``2018''. (f) Section 409(d) of the Vision 100-Century of Aviation Reauthorization Act (49 U.S.C. 41731 note) is amended by striking ``March 31, 2018'' and inserting ``September 30, 2018''. (g) Section 411(h) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended by striking ``March 31, 2018'' and inserting ``September 30, 2018''.

(h) Section 822(k) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47141 note) is amended by striking ``March 31, 2018'' and inserting ``September 30, 2018''. (i) Section 2306(b) of the FAA Extension, Safety, and Security Act of 2016 (130 Stat. 641) is amended by striking ``April 1, 2018'' and inserting ``October 1, 2018''.

Section 106(k) of title 49, United States Code, is amended-- (1) in paragraph (1) by striking subparagraph (F) and inserting the following: ``(F) $10,025,852,000 for fiscal year 2018.''; and (2) in paragraph (3) by striking ``2017 and for the period beginning on October 1, 2017, and ending on March 31, 2018'' and inserting ``2018''.

(a) Essential Air Service Authorization.--Section 41742(a)(2) of title 49, United States Code, is amended by striking ``2016'' and all that follows through ``2018,'' and inserting ``2016 and 2017, and $150,000,000 for fiscal year 2018''. (b) Airports Not Receiving Sufficient Service.--Section 41743(e)(2) of title 49, United States Code, is amended by striking ``2012'' and all that follows through ``2018,'' and inserting ``2012 through 2017 and $10,000,000 for fiscal year 2018''.

Section 48101(a) of title 49, United States Code, is amended-- (1) in paragraph (5) by striking ``2016 and 2017'' and inserting ``2016 through 2018''; and (2) by striking paragraph (6).

Section 48102(a)(10) of title 49, United States Code, is amended to read as follows: ``(10) $176,500,000 for fiscal year 2018.''.

The budget authority authorized in this title, including the amendments made by this title, shall be deemed to satisfy the requirements of subsections (a)(1)(B) and (a)(2) of section 48114 of title 49, United States Code, for fiscal year 2018.

Section 44506(f) of title 49, United States Code, is amended-- (1) in paragraph (1) by adding at the end the following: ``(C) Special rule.-- ``(i) In general.--Notwithstanding subparagraph (B), after giving preferential consideration to applicants under subparagraph (A) and if, after consulting with the labor organization recognized as the exclusive representative of air traffic controllers under section 7111 of title 5, the Administrator determines there are unique circumstances affecting a covered facility that warrant a vacancy announcement with a limited area of consideration, the Administrator may consider applicants for the position of air traffic controller who apply under a vacancy announcement recruiting from the local commuting area for that covered facility. ``(ii) Biographical assessments.--The Administrator shall not use any biographical assessment with respect to an applicant under this subparagraph who would otherwise qualify as a Pool 1 applicant under subparagraph (B)(ii).

``(iii) Covered facility defined.--In this subparagraph the term `covered facility' means a radar facility with at least 1,000,000 operations annually that is located in a metropolitan statistical area (as defined by the Office of Management and Budget) with a population estimate by the Bureau of the Census of more than 15,000,000 (as of July 1, 2016).''; and (2) in paragraph (3)-- (A) by inserting ``except for individuals covered by the program described in paragraph (4),'' after ``section 3307 of title 5,''; and (B) by adding at the end the following: ``(4) Retired military controllers.--The Administrator may establish a program to provide an original appointment to a position as an air traffic controller for individuals who-- ``(A) are on terminal leave pending retirement from active duty military service or have retired from active duty military service within 5 years of applying for the appointment; and ``(B) have held either an air traffic certification or air traffic control facility rating according to Administration standards within 5 years of applying for the appointment.''.

Subtitle B--Aviation Revenue Provisions

(a) In General.--Section 9502(d)(1) of the Internal Revenue Code of 1986 is amended-- (1) in the matter preceding subparagraph (A) by striking ``April 1, 2018'' and inserting ``October 1, 2018''; and (2) in subparagraph (A) by striking the semicolon at the end and inserting ``or the Airport and Airway Extension Act of 2018;''.

(b) Conforming Amendment.--Section 9502(e)(2) of such Code is amended by striking ``April 1, 2018'' and inserting ``October 1, 2018''.

(a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``March 31, 2018'' and inserting ``September 30, 2018''. (b) Ticket Taxes.-- (1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is amended by striking ``March 31, 2018'' and inserting ``September 30, 2018''. (2) Property.--Section 4271(d)(1)(A)(ii) of such Code is amended by striking ``March 31, 2018'' and inserting ``September 30, 2018''.

(c) Fractional Ownership Programs.-- (1) Treatment as noncommercial aviation.--Section 4083(b) of such Code is amended by striking ``April 1, 2018'' and inserting ``October 1, 2018''.

(2) Exemption from ticket taxes.--Section 4261(j) of such Code is amended by striking ``March 31, 2018'' and inserting ``September 30, 2018''.

(a) In General.--Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended by striking ``December 31, 2017'' and inserting ``December 31, 2020''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply to articles entered on or after the 30th day after the date of the enactment of this Act. (2) Retroactive application for certain liquidations and reliquidations.-- (A) In general.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to subparagraph (B), any entry of a covered article to which duty-free treatment or other preferential treatment under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) would have applied if the entry had been made on December 31, 2017, that was made-- (i) after December 31, 2017, and (ii) before the effective date specified in paragraph (1), shall be liquidated or reliquidated as though such entry occurred on the effective date specified in paragraph (1). (B) Requests.--A liquidation or reliquidation may be made under subparagraph (A) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection-- (i) to locate the entry; or (ii) to reconstruct the entry if it cannot be located. (C) Payment of amounts owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of a covered article under subparagraph (A) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (3) Definitions.--In this subsection:

(A) Covered article.--The term ``covered article'' means an article from a country that is a beneficiary developing country under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) as of the effective date specified in paragraph (1). (B) Enter; entry.--The terms ``enter'' and ``entry'' include a withdrawal from warehouse for consumption.

(c) Annual Report on Enforcement of Eligibility Criteria.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter through December 31, 2020, the United States Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on efforts to ensure that countries designated as beneficiary developing countries under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) are meeting the eligibility criteria set forth in section 502(c) of such Act (19 U.S.C. 2462(c)).

LIMITATION AND WAIVERS.

Section 503 of the Trade Act of 1974 (19 U.S.C. 2463) is amended-- (1) in subsection (c)(2)-- (A) in the matter following subparagraph (A)(i)(II), by striking ``July 1'' and inserting ``November 1''; and (B) in subparagraph (E), by striking ``on January 1, 1995'' and inserting ``in any of the preceding 3 calendar years''; and (2) in subsection (d), by striking ``July 1'' each place it appears and inserting ``November 1''.

Section 13031(j)(3)(A) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is amended by striking ``February 24, 2027'' and inserting ``July 21, 2027''.

INFORMATION.

Section 105(b)(3)(E) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking ``2017'' both places it appears and inserting ``2027''.

(a) Statutory PAYGO Scorecards.--The budgetary effects of this division and each succeeding division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO Scorecards.--The budgetary effects of this division and each succeeding division shall not be entered on any

PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division and each succeeding division shall not be estimated-- (1) for purposes of section 251 of such Act; and (2) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.

DIVISION N--BUILD <<NOTE: Brownfields Utilization, Investment, and Local Development Act of 2018. 42 USC 9601 note.>> ACT

This division may be cited as the ``Brownfields Utilization, Investment, and Local Development Act of 2018'' or the ``BUILD Act''.

Section 101(20)(D) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)) is amended by striking ``ownership or control'' and all that follows through ``by virtue'' and inserting ``ownership or control through seizure or otherwise in connection with law enforcement activity, or through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government acquires title by virtue''.

Section 101(20) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)) is amended-- (1) by redesignating subparagraphs (E) through (G) as subparagraphs (F) through (H), respectively; (2) by inserting after subparagraph (D) the following: ``(E) Exclusion of certain alaska native villages and native corporations.-- ``(i) In general.--The term `owner or operator' does not include, with respect to a facility conveyed to a Native village or Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act) under the Alaska Native Claims Settlement Act-- ``(I) the Native village or Native Corporation that received the facility from the United States Government; or ``(II) a successor in interest to which the facility was conveyed under section 14(c) of such Act. ``(ii) Limitation.--The exclusion provided under this subparagraph shall not apply to any entity described in clause (i) that causes or contributes to

a release or threatened release of a hazardous substance from the facility conveyed as described in such clause.''; (3) in subparagraph (G) (as so redesignated), in the matter preceding clause (i), by striking ``subparagraph (E)'' and inserting ``subparagraph (F)''; and (4) in clause (i)(II) of subparagraph (H) (as so redesignated), by striking ``1813)'' and inserting ``1813))''.

Section 101(39)(D)(ii)(II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(39)(D)(ii)(II)) is amended by amending item (bb) to read as follows: ``(bb) is a site for which there is no viable responsible party and that is determined by the Administrator or the State, as appropriate, to be a site that will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site under this Act or any other law pertaining to the cleanup of petroleum products; and''.

(a) Bona Fide Prospective Purchaser.--Section 101(40) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(40)) is amended-- (1) in subparagraph (B)-- (A) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately; (B) in subclause (I) (as so redesignated), by striking ``clauses (ii) and (iii)'' and inserting ``subclauses (II) and (III)''; (C) in subclause (II) (as so redesignated), by striking ``subparagraph'' and inserting ``clause''; and (D) in subclause (III) (as so redesignated), by striking ``subparagraph'' and inserting ``clause''; (2) in subparagraph (D), by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately; (3) in subparagraph (F), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (4) in subparagraph (H)-- (A) in clause (i)-- (i) in subclause (II), by inserting ``, by a tenancy, by the instruments by which a leasehold interest in the facility is created,'' after ``financed''; and (ii) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting appropriately; and (B) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (5) by redesignating subparagraphs (B) through (H) as clauses (ii) through (viii), respectively, and indenting appropriately; and (6) by striking the paragraph designation and heading and all that follows through ``All disposal of'' in subparagraph (A) and inserting the following:

``(40) Bona fide prospective purchaser.-- ``(A) In general.--The term `bona fide prospective purchaser' means, with respect to a facility-- ``(i) a person who-- ``(I) acquires ownership of the facility after January 11, 2002; and ``(II) establishes by a preponderance of the evidence each of the criteria described in clauses (i) through (viii) of subparagraph (B); and ``(ii) a person-- ``(I) who acquires a leasehold interest in the facility after January 11, 2002; ``(II) who establishes by a preponderance of the evidence that the leasehold interest is not designed to avoid liability under this Act by any person; and ``(III) with respect to whom any of the following conditions apply: ``(aa) The owner of the facility that is subject to the leasehold interest is a person described in clause (i). ``(bb)(AA) The owner of the facility that is subject to the leasehold interest was a person described in clause (i) at the time the leasehold interest was acquired, but can no longer establish by a preponderance of the evidence each of the criteria described in clauses (i) through (viii) of subparagraph (B) due to circumstances unrelated to any action of the person who holds the leasehold interest; and ``(BB) the person who holds the leasehold interest establishes by a preponderance of the evidence each of the criteria described in clauses (i), (iii), (iv), (v), (vi), (vii), and (viii) of subparagraph (B). ``(cc) The person who holds the leasehold interest establishes by a preponderance of the evidence each of the criteria described in clauses (i) through (viii) of subparagraph (B). ``(B) Criteria.--The criteria described in this subparagraph are as follows: ``(i) Disposal prior to acquisition.--All disposal of''.

(b) Limitation on Liability.--Section 107(r)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(r)(1)) is amended by striking ``purchaser's'' and inserting ``bona fide prospective purchaser''.

Section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is amended-- (1) in subparagraph (G), by striking ``or'' after the semicolon; (2) in subparagraph (H), by striking the period at the end and inserting a semicolon; and

(3) by adding at the end the following: ``(I) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; ``(J) a limited liability corporation in which all managing members are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); ``(K) a limited partnership in which all general partners are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); or ``(L) a qualified community development entity (as defined in section 45D(c)(1) of the Internal Revenue Code of 1986).''.

Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended-- (1) in paragraph (2), by adding at the end the following: ``(C) Exemption for certain publicly owned brownfield sites.--Notwithstanding paragraph (5)(B)(iii), an eligible entity described in any of subparagraphs (A) through (H) of paragraph (1) may receive a grant under this paragraph for property acquired by that eligible entity prior to January 11, 2002, even if the eligible entity does not qualify as a bona fide prospective purchaser, so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property.''; and (2) in paragraph (3), by adding at the end the following: ``(E) Exemption for certain publicly owned brownfield sites.--Notwithstanding paragraph (5)(B)(iii), an eligible entity described in any of subparagraphs (A) through (H) of paragraph (1) may receive a grant or loan under this paragraph for property acquired by that eligible entity prior to January 11, 2002, even if the eligible entity does not qualify as a bona fide prospective purchaser, so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property.''.

Section 104(k)(3)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each site to be remediated'' and inserting ``$500,000 for each site to be remediated, which limit may be waived by the Administrator, but not to exceed a total of $650,000 for each site, based on the anticipated level of contamination, size, or ownership status of the site''.

Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended--

(1) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; (2) in paragraph (3)(A), in the matter preceding clause (i), by striking ``Subject to paragraphs (4) and (5)'' and inserting ``Subject to paragraphs (5) and (6)''; (3) by inserting after paragraph (3) the following: ``(4) Multipurpose brownfields grants.-- ``(A) In general.--Subject to subparagraph (D) and paragraphs (5) and (6), the Administrator shall establish a program to provide multipurpose grants to an eligible entity based on the criteria under subparagraph (C) and the considerations under paragraph (3)(C), to carry out inventory, characterization, assessment, planning, or remediation activities at 1 or more brownfield sites in an area proposed by the eligible entity. ``(B) Grant amounts.-- ``(i) Individual grant amounts.--Each grant awarded under this paragraph shall not exceed $1,000,000. ``(ii) Cumulative grant amounts.--The total amount of grants awarded for each fiscal year under this paragraph may not exceed 15 percent of the funds made available for the fiscal year to carry out this subsection. ``(C) Criteria.--In awarding a grant under this paragraph, the Administrator shall consider the extent to which the eligible entity is able-- ``(i) to provide an overall plan for revitalization of the 1 or more brownfield sites in the proposed area in which the multipurpose grant will be used; ``(ii) to demonstrate a capacity to conduct the range of eligible activities that will be funded by the multipurpose grant; and ``(iii) to demonstrate that a multipurpose grant will meet the needs of the 1 or more brownfield sites in the proposed area. ``(D) Condition.--As a condition of receiving a grant under this paragraph, each eligible entity shall expend the full amount of the grant by not later than the date that is 5 years after the date on which the grant is awarded to the eligible entity, unless the Administrator provides an extension. ``(E) Ownership.--An eligible entity that receives a grant under this paragraph may not expend any of the grant funds for the remediation of a brownfield site unless the eligible entity owns the brownfield site.''; and (4) by striking ``paragraph (2) or (3)'' each place it appears and inserting ``paragraph (2), (3), or (4)''.

Paragraph (5) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 9 of this Act) is amended-- (1) by amending subparagraph (B) to read as follows: ``(B) Prohibition.--No part of a grant or loan under this subsection may be used for the payment of--

``(i) a penalty or fine; ``(ii) a Federal cost-share requirement; ``(iii) a response cost at a brownfield site for which the recipient of the grant or loan is potentially liable under section 107; or ``(iv) a cost of compliance with any Federal law (including a Federal law specified in section 101(39)(B)), excluding the cost of compliance with laws applicable to the cleanup.''; and (2) by adding at the end the following: ``(E) Administrative costs.-- ``(i) In general.--An eligible entity may use up to 5 percent of the amounts made available under a grant or loan under this subsection for administrative costs. ``(ii) Restriction.--For purposes of clause (i), the term `administrative costs' does not include-- ``(I) investigation and identification of the extent of contamination of a brownfield site; ``(II) design and performance of a response action; or ``(III) monitoring of a natural resource.''.

(a) Waterfront Brownfields Grants; Clean Energy on Brownfield Sites.--Paragraph (6)(C) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 9 of this Act) is amended by adding at the end the following: ``(xi) The extent to which a grant would address a site adjacent to a body of water or a federally designated flood plain. ``(xii) The extent to which a grant would facilitate-- ``(I) the location at a brownfield site of a facility that generates renewable electricity from wind, solar, or geothermal energy; or ``(II) any energy efficiency improvement project at a brownfield site, including a project for a combined heat and power system or a district energy system.''.

(b) Report on Ranking Criteria.--Paragraph (6) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 9 of this Act) is amended by adding at the end the following: ``(D) Report on ranking criteria.--Not later than September 30, 2022, the Administrator shall submit to Congress a report regarding the Administrator's use of the ranking criteria described in subparagraph (C) in awarding grants under this subsection.''.

Paragraph (8) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 9 of this Act) is amended by striking ``3 years after the date of the enactment of this subsection'' and inserting ``September 30, 2022''.

Paragraph (13) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 9 of this Act) is amended to read as follows: ``(13) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $200,000,000 for each of fiscal years 2019 through 2023.''.

(a) In General.--Section 128(a)(1)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(1)(B)) is amended-- (1) in clause (ii)-- (A) in subclause (I), by striking ``; or'' and inserting a semicolon; (B) in subclause (II), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(III) assist small communities, Indian tribes, rural areas, or disadvantaged areas in carrying out activities described in section 104(k)(7)(A) with respect to brownfield sites.''; and (2) by adding at the end the following: ``(iii) Small communities, indian tribes, rural areas, and disadvantaged areas.-- ``(I) In general.--To make grants to States or Indian tribes under clause (ii)(III), the Administrator may use, in addition to amounts available to carry out this subsection, not more than $1,500,000 of the amounts made available to carry out section 104(k)(7) in each fiscal year. ``(II) Limitation.--Each grant made under subclause (I) may be not more than $20,000. ``(III) Inclusion in other grants.-- The Administrator may, at the request of a State or Indian tribe, include a grant under this clause in any other grant to the State or Indian tribe made under this subsection. ``(iv) Definitions.--In this subparagraph: ``(I) Disadvantaged area.--The term `disadvantaged area' means a community with an annual median household income that is less than 80 percent of the statewide annual median household income, as determined by the President based on the latest available decennial census. ``(II) Small community.--The term `small community' means a community with a population of not more than 15,000 individuals, as determined by the President based on the latest available decennial census.''.

(b) Conforming Amendment.--Section 104(g)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(g)(1)) is amended by inserting ``or section 128(a)(1)(B)(ii)(III)'' after ``under this section''.

Section 128(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is amended to read as follows: ``(3) Funding.--There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2019 through 2023.''.

DIVISION O--WILDFIRE <<NOTE: Wildfire Suppression Funding and Forest Management Activities Act.>> SUPPRESSION FUNDING AND FOREST MANAGEMENT ACTIVITIES ACT

This division may be cited as the ``Wildfire Suppression Funding and Forest Management Activities Act''.

(a) Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended-- (1) in subparagraph (D)(i), by striking subclauses (I) and (II) and inserting the following-- ``(I) the average over the previous 10 years (excluding the highest and lowest years) of the sum of the funding provided for disaster relief (as that term is defined on the date immediately before the date of enactment of the Wildfire Suppression Funding and Forest Management Activities Act); ``(II) notwithstanding clause (iv), starting in fiscal year 2018, five percent of the total appropriations provided after fiscal year 2011 or in the previous 10 years, whichever is less, net of any rescissions of budget authority enacted in the same period, with respect to amounts provided for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and designated by the Congress and the President as an emergency pursuant to subparagraph (A)(i) of this paragraph; and ``(III) the cumulative net total of the unused carryover for fiscal year 2018 and all subsequent fiscal years, where the unused carryover for each fiscal year is calculated as the sum of the amounts in subclauses (I) and (II) less the enacted appropriations for that fiscal year that have been designated as being for disaster relief.''; (2) in subparagraph (D)(ii), by striking ``not later than 30 days after the date of enactment of the Budget Control Act of 2011'' and inserting ``not later than 30 days after the

date of enactment of the Wildfire Suppression Funding and Forest Management Activities Act''; and (3) by adding at the end the following: ``(F) Wildfire suppression.-- ``(i) Additional new budget authority.--If, for fiscal years 2020 through 2027, a bill or joint resolution making appropriations for a fiscal year is enacted that provides an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for wildfire suppression operations for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2020, $2,250,000,000; ``(II) for fiscal year 2021, $2,350,000,000; ``(III) for fiscal year 2022, $2,450,000,000; ``(IV) for fiscal year 2023, $2,550,000,000; ``(V) for fiscal year 2024, $2,650,000,000; ``(VI) for fiscal year 2025, $2,750,000,000; ``(VII) for fiscal year 2026, $2,850,000,000; and ``(VIII) for fiscal year 2027, $2,950,000,000. ``(ii) Definitions.--In this subparagraph: ``(I) Additional new budget authority.--The term `additional new budget authority' means the amount provided for a fiscal year in an appropriation Act that is in excess of the average costs for wildfire suppression operations as reported in the budget of the President submitted under section 1105(a) of title 31, United States Code, for fiscal year 2015 and are specified to pay for the costs of wildfire suppression operations in an amount not to exceed the amount specified for that fiscal year in clause (i). ``(II) Wildfire suppression operations.--The term `wildfire suppression operations' means the emergency and unpredictable aspects of wildland firefighting, including-- ``(aa) support, response, and emergency stabilization activities; ``(bb) other emergency management activities; and ``(cc) the funds necessary to repay any transfers needed for the costs of wildfire suppression operations.''.

(b) The amendment made by paragraph (1) of subsection (a) shall begin to apply in fiscal year 2019.

SUPPRESSION FUNDS.

If the amount provided for wildfire suppression operations for that fiscal year will be exhausted within 30 calendar days, the Secretary of the Interior or the Secretary of Agriculture (as applicable), in consultation with the Director of the Office of Management and Budget, shall promptly submit a request to Congress for supplemental appropriations.

(a) In General.--Not later than 90 days after the end of the fiscal year for which additional new budget authority is used, pursuant to section 251(b)(2)(F)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(F)(i)), as added by section 102 of this division, the Secretary of the Interior or the Secretary of Agriculture (as applicable), in consultation with the Director of the Office of Management and Budget, shall-- (1) prepare an annual report with respect to the additional new budget authority; (2) submit to the Committees on Appropriations, the Budget, and Natural Resources of the House of Representatives and the Committees on Appropriations, the Budget, and Energy and Natural Resources of the Senate the annual report prepared under paragraph (1); and (3) make the report prepared under paragraph (1) available to the public.

(b) Components.--The annual report prepared under subsection (a)(1) shall-- (1) document obligations and outlays of the additional new budget authority for wildfire suppression operations; (2) identify risk-based factors that influenced management decisions with respect to wildfire suppression operations; (3) analyze a statistically significant sample of large fires, including an analysis for each fire of-- (A) cost drivers; (B) the effectiveness of risk management techniques and whether fire operations strategy tracked the risk assessment; (C) any resulting ecological or other benefits to the landscape; (D) the impact of investments in wildfire suppression operations preparedness; (E) effectiveness of wildfire suppression operations, including an analysis of resources lost versus dollars invested; (F) effectiveness of any fuel treatments on fire behavior and suppression expenditures; (G) levels of exposure experienced by firefighters; (H) suggested corrective actions; and (I) any other factors the Secretary of the Interior or Secretary of Agriculture (as applicable) determines to be appropriate; (4) include an accounting of overall fire management and spending by the Department of the Interior or the Department of Agriculture, which shall be analyzed by fire size, cost, regional location, and other factors; (5) describe any lessons learned in the conduct of wildfire suppression operations; and (6) include any other elements that the Secretary of the Interior or the Secretary of Agriculture (as applicable) determines to be necessary.

In this title: (1) National forest system.--The term ``National Forest System'' has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (2) Public land.--The term ``public land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (3) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to public land.

Insert at the end of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511) the following new section:

``SEC. 605. WILDFIRE RESILIENCE PROJECTS.

``(a) In General.--Hazardous fuels reduction projects, as defined in the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(2)) may be-- ``(1) carried out in accordance with subsections (b), (c), and (d) of section 102 and sections 104 and 105; ``(2) considered an action categorically excluded from the requirements of Public Law 91-190 (42 U.S.C. 4321 et seq.); and ``(3) exempt from the special administrative review process under section 105.

``(b) Collaborative Restoration Project.-- ``(1) In general.--A project referred to in subsection (a) is a project to carry out forest restoration treatments that-- ``(A) maximizes the retention of old-growth and large trees, as appropriate for the forest type, to the extent that the trees promote stands that are resilient to insects and disease, and reduce the risk or extent of, or increase the resilience to, wildfires; ``(B) considers the best available scientific information to maintain or restore the ecological integrity, including maintaining or restoring structure, function, composition, and connectivity; and ``(C) is developed and implemented through a collaborative process that-- ``(i) includes multiple interested persons representing diverse interests; and ``(ii)(I) is transparent and nonexclusive; or ``(II) meets the requirements for a resource advisory committee under subsections (c) through (f) of section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125).

``(2) Inclusion.--A project under this subsection may carry out part of a proposal that complies with the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 4003(b) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(b)).

``(c) Limitations.-- ``(1) Project size.--A project under this section may not exceed 3000 acres. ``(2) Location.--A project under this section shall be-- ``(A) Prioritized within the wildland-urban interface; ``(B) If located outside the wildland-urban interface, limited to areas within Condition Classes 2 or 3 in Fire Regime Groups I, II, or III that contain very high wildfire hazard potential; and ``(C) Limited to areas designated under section 602(b) as of the date of enactment of this Act. ``(3) Roads.-- ``(A) Permanent roads.-- ``(i) Prohibition on establishment.--A project under this section shall not include the establishment of permanent roads. ``(ii) Existing roads.--The Secretary may carry out necessary maintenance and repairs on existing permanent roads for the purposes of this section. ``(B) Temporary roads.--The Secretary shall decommission any temporary road constructed under a project under this section not later than 3 years after the date on which the project is completed. ``(4) Extraordinary circumstances.--The Secretary shall apply the extraordinary circumstances procedures under section 220.6 of title 36, code of Federal regulations (or successor regulations), when using the categorical exclusion under this section.

``(d) Exclusions.--This section does not apply to-- ``(1) a component of the National Wilderness Preservation System; ``(2) any Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; ``(3) a congressionally designated wilderness study area; or ``(4) an area in which activities under subsection (a) would be inconsistent with the applicable land and resource management plan.

``(e) Forest Management Plans.--All projects and activities carried out under this section shall be consistent with the land and resource management plan established under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) for the unit of the National Forest System containing the projects and activities. ``(f) Public Notice and Scoping.--The Secretary shall conduct public notice and scoping for any project or action proposed in accordance with this section. ``(g) Accountability.-- ``(1) In general.--The Secretary shall prepare an annual report on the use of categorical exclusions under this section

that includes a description of all acres (or other appropriate unit) treated through projects carried out under this section. ``(2) Submission.--Not later than 1 year after the date of enactment of this section, and each year thereafter, the Secretary shall submit the reports required under paragraph (1) to-- ``(A) the Committee on Agriculture, Nutrition, and Forestry of the Senate; ``(B) the Committee on Environment and Public Works of the Senate; ``(C) the Committee on Agriculture of the House of Representatives; ``(D) the Committee on Natural Resources of the House of Representatives; and ``(E) the Government Accountability Office.''.

REDUCTION ON FEDERAL LAND.

Section 101(2) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(2)) is amended-- (1) by striking ``The term'' and inserting the following: ``(A) In general.--The term''; and (2) by adding at the end the following: ``(B) Inclusion.--The term `authorized hazardous fuel reduction project' includes, using the measures and methods described in subparagraph (A), the installation of-- ``(i) a natural or manmade change in fuel characteristics that affects fire behavior such that a fire can be more readily controlled (commonly known as a `fuel break'); and ``(ii) a natural or constructed barrier used to stop or check a fire or to provide a control line from which to work to stop or check a fire (commonly known as a `firebreak').''.

PROJECTS.

Section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) is amended-- (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following:

``(h) Cancellation Ceilings.-- ``(1) In general.--Notwithstanding section 3903(b)(1) of title 41, United States Code, the Chief and the Director may obligate funds in stages that are economically or programmatically viable to cover any potential cancellation or termination costs for an agreement or contract under subsection (b). ``(2) Advance notice to congress of cancellation ceiling in excess of $25,000,000.--Not later than 30 days before entering into a multiyear agreement or contract under subsection (b) that includes a cancellation ceiling in excess of $25,000,000, but does not include proposed funding for the costs of cancelling the agreement or contract up to that cancellation ceiling, the Chief or the Director, as applicable, shall submit to the Committee on Energy and Natural Resources

and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a written notice that includes-- ``(A) a description of the cancellation ceiling amounts proposed for each program year in the agreement or contract; ``(B) the reasons why the cancellation ceiling amounts described under subparagraph (A) were selected; ``(C) a description of the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract; and ``(D) an assessment of the financial risk of not including budgeting for the costs of agreement or contract cancellation. ``(3) Transmittal of notice to omb.--Not later than 14 days after the date on which written notice is provided under paragraph (2), the Chief or the Director, as appropriate, shall transmit a copy of the notice to the Director of the Office of Management and Budget.''.

Section 604(g)(2) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(g)(2)) is amended by striking subparagraphs (A) and (B) and inserting the following: ``(A) use the excess to satisfy any outstanding liabilities for cancelled agreements or contracts; or ``(B) if there are no outstanding liabilities described in subparagraph (A), apply the excess to other authorized stewardship projects.''.

Subsection (j) of section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) (as redesignated by section 204 of this Act), is amended by striking ``report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives'' and inserting ``submit to the congressional committees described in subsection (h)(2) a report''.

(a) In General.--The Secretary of Agriculture and the Secretary of the Interior may award contracts or agreements under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511), for terms not to exceed 20 years on areas where the majority of Federal lands are in Fire Regime Groups I, II, or III. (b) Preference.--In awarding a contract under this section, the Secretary concerned may, notwithstanding the Federal Acquisition Regulations, give a procurement preference to a contractor that would, as part of the contract, promote an innovative use of forest products, including cross-laminated timber.

PLANNING ACT OF 1974.

(a) Consultation Regarding Land Management Plans.--Section 6(d) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(d)) is amended--

(1) by striking ``(d) The Secretary'' and inserting the following:

``(d) Public Participation and Consultation.-- ``(1) In general.--The Secretary''; and (2) by adding at the end the following: ``(2) No additional consultation required after approval of land management plans.-- ``(A) In general.--Except as provided in subparagraph (B), notwithstanding any other provision of law, the Secretary shall not be required to engage in consultation under this section or any other provision of law (including section 7 of Public Law 93-205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal Regulations (or a successor regulation)) with respect to-- ``(i) the listing of a species as threatened or endangered, or a designation of critical habitat pursuant to Public Law 93-205 (16 U.S.C. 1531 et seq.), if a land management plan has been adopted by the Secretary as of the date of listing or designation; and ``(ii) any provision of a land management plan adopted as described in clause (i). ``(B) Exception.--Subparagraph (A) shall not apply if-- ``(i) 15 years have passed since the date on which the Secretary adopted the land management plan described in clause (i) of that subparagraph; and ``(ii) 5 years have passed since the date of enactment of this section or the date of the listing of a species as threatened or endangered for a species known to occur on the unit or the designation of critical habitat within the unit as described in clause (i) of that subparagraph, whichever is later. ``(C) Effect of paragraph.--Nothing in this paragraph affects any applicable requirement of the Secretary to consult with the head of any other Federal department or agency-- ``(i) regarding any project carried out, or proposed to be carried out, to implement a land management plan pursuant to Public Law 93-205 (16 U.S.C. 1531 et seq.), including any requirement to consult regarding the consideration of cumulative impacts of completed, ongoing, and planned projects; or ``(ii) with respect to-- ``(I) the development of a modification to a land management plan; or ``(II) an amendment or revision to a land management plan in accordance with paragraph (4) or (5) of subsection (f).''.

(b) Definition of Secretary; Conforming Amendments.-- (1) Definition of secretary.--Section 3(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(a)) is amended, in the first sentence of the matter preceding paragraph (1), by inserting ``(referred to in this Act as the `Secretary')'' after ``Secretary of Agriculture''. (2) Conforming amendments.--The Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) is amended, in sections 4 through 9, 12, 13, and 15,

by striking ``Secretary of Agriculture'' each place it appears and inserting ``Secretary''.

REVESTED LANDS AND COOS BAY WAGON ROAD RECONVEYED LANDS.

(a) In General.--Notwithstanding any other provision of law, with respect to the Oregon and California Railroad grant land revested in the United States by the Act of June 9, 1916 (39 Stat. 218, chapter 137), and the Coos Bay Wagon Road grant land reconveyed to the United States by the first section of the Act of February 26, 1919 (40 Stat. 1179, chapter 47), that is managed under the Act of August 28, 1937 (43 U.S.C. 2601 et seq.), the Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall not be required to engage in consultation under any law (including section 7 of Public Law 93-205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal Regulations (or a successor regulation)), with respect to-- (1) the listing of a species as threatened or endangered, or a designation of critical habitat, pursuant to Public Law 93-205 (16 U.S.C. 1531 et seq.), if a land use plan has been adopted by the Secretary of the Interior as of the date of listing or designation; and (2) any provision of a land use plan adopted as described in paragraph (1).

(b) Effect of Section.--Nothing in this section affects any applicable requirement of the Secretary of the Interior to consult with the head of any other Federal department or agency-- (1) regarding a project carried out, or proposed to be carried out, pursuant to Public Law 93-205 (16 U.S.C. 1531 et seq.), including any requirement to consult regarding the consideration of the cumulative impacts of completed, ongoing, and planned projects; or (2) with respect to the development of a new land use plan or the revision of or other significant change to an existing land use plan.

FOR COMMUNITIES.

(a) Map Required.--Not later than 2 years after the date of the enactment of this section, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall-- (1) develop and publish a geospatial map appropriate for community-level use that depicts wildfire hazard severity to inform at-risk communities that are-- (A) adjacent to National Forest System lands; or (B) affected by wildland fire, as determined by the Secretary; and (2) disseminate the information under paragraph (1) in an appropriate, web-based format for use by such communities to-- (A) improve understanding of their risk profile; (B) clarify thinking on the nature and effect of wildfire risks; and (C) develop plans to manage and mitigate those risks.

(b) Purposes of Map.--The purposes of the map required under subsection (a) are as follows: (1) To inform evaluations of wildfire risk. (2) To prioritize fuels management needs.

(3) To depict the relative potential for wildfire that could be difficult for suppression resources to contain and that could cause ignitions to structures.

(c) Consultation.--In carrying out subsection (a), the Secretary of Agriculture and Chief of the Forest Service shall consult with-- (1) the Secretary of the Interior; (2) the Administrator of the Federal Emergency Management Agency; (3) other appropriate Federal agencies; (4) States; (5) relevant colleges, universities, and institutions of higher education with relevant expertise; and (6) other entities, as appropriate.

(d) At-risk Community Defined.--The term ``at-risk community'' has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).

MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS OF WAY.

(a) In General.--Title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) is amended by adding at the end the following:

``SEC. 512. VEGETATION MANAGMENT, FACILITY INSPECTION, AND OPERATION AND MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITY RIGHTS OF WAY.

``(a) Definitions.--In this section: ``(1) Hazard tree.--The term `hazard tree' means any tree or part thereof (whether located inside or outside a right-of-way) that has been designated, prior to tree failure, by a certified or licensed arborist or forester under the supervision of the Secretary concerned or the owner or operator of a transmission or distribution facility to be-- ``(A) dead, likely to die within the routine vegetation management cycle, or likely to fail within the routine vegetation management cycle; and ``(B) if the tree or part of the tree failed, likely to-- ``(i) cause substantial damage or disruption to a transmission or distribution facility; or ``(ii) come within 10 feet of an electric power line. ``(2) Owner; operator.--The terms `owner' and `operator' include contractors or other agents engaged by the owner or operator of an electric transmission or distribution facility. ``(3) Plan.--The term `plan' means a vegetation management, facility inspection, and operation and maintenance plan that-- ``(A) is prepared by the owner or operator of 1 or more electric transmission or distribution facilities to cover 1 or more electric transmission and distribution rights-of-way; and ``(B) provides for the long-term, cost-effective, efficient, and timely management of facilities and vegetation within the width of the right-of-way and abutting Federal land,

including hazard trees, to enhance electric reliability, promote public safety, and avoid fire hazards. ``(4) Secretary concerned.--The term `Secretary concerned' means-- ``(A) the Secretary, with respect to public lands; and ``(B) the Secretary of Agriculture, with respect to National Forest System land.

``(b) Guidance.-- ``(1) In general.--To enhance the reliability of the electric grid and reduce the threat of wildfire damage to, and wildfire caused by vegetation-related conditions within, electric transmission and distribution rights-of-way and abutting Federal land, including hazard trees, the Secretary concerned shall issue and periodically update guidance to ensure that provisions are appropriately developed and implemented for utility vegetation management, facility inspection, and operation and maintenance of rights-of-way, regardless of the means by which the rights-of-way are established (including by grant, special use authorization, and easement). ``(2) Limitation.--The guidance issued under paragraph (1) shall be compatible with mandatory reliability standards established by the Electric Reliability Organization. ``(3) Considerations.--The guidance issued under paragraph (1) shall take into account-- ``(A) all applicable law, including fire safety and electric system reliability requirements (including reliability standards established by the Electric Reliability Organization under section 215 of the Federal Power Act (16 U.S.C. 824o)); and ``(B) the Memorandum of Understanding on Vegetation Management for Powerline Rights-of-Way between the Edison Electric Institute, Utility Arborist Association, the Department of the Interior, the Department of Agriculture, and the Environmental Protection Agency signed in 2016. ``(4) Requirements.--The guidance issued under paragraph (1) shall-- ``(A) be developed in consultation with the owners of transmission and distribution facilities that hold rights-of-way; ``(B) seek to minimize the need for case-by-case approvals for -- ``(i) routine vegetation management, facility inspection, and operation and maintenance activities; and ``(ii) utility vegetation management activities that are necessary to control hazard trees; and ``(C) provide for prompt and timely review of requests to conduct vegetation management activities that require approval of the Secretary concerned, especially activities requiring expedited or immediate action.

``(c) Vegetation Management, Facility Inspection, and Operation and Maintenance Plans.-- ``(1) Development and submission.--Consistent with subsection (b), the Secretary concerned shall provide owners and operators of electric transmission or distribution facilities located on public lands and National Forest System land, as applicable, with the option to develop and submit a plan.

``(2) ERO standards.--Owners and operators subject to mandatory reliability standards established by the Electric Reliability Organization (or superseding standards) may use those standards as part of the plan. ``(3) Plan requirements.--A plan developed under paragraph (1) shall-- ``(A) identify the applicable transmission or distribution facilities to be maintained; ``(B) take into account operations and maintenance plans for the applicable transmission or distribution line; ``(C) describe the vegetation management, inspection, and operation and maintenance methods that may be used to comply with all applicable law, including fire safety requirements and reliability standards established by the Electric Reliability Organization; ``(D) include schedules for-- ``(i) the applicable owner or operator to notify the Secretary concerned about routine and major maintenance; ``(ii) the applicable owner or operator to request approval from the Secretary concerned about undertaking routine and major maintenance; and ``(iii) the Secretary concerned to respond to a request by an owner or operator under clause (ii); and ``(E) describe processes for-- ``(i) identifying changes in conditions; and ``(ii) modifying the approved plan, if necessary. ``(4) Review and approval process.-- ``(A) In general.--The Secretary concerned shall jointly develop a consolidated and coordinated process for the review and approval of plans submitted under paragraph (1) that-- ``(i) includes timelines and benchmarks for-- ``(I) the submission of agency comments on the plans and schedules for final decision; and ``(II) the timely review of modifications of the plans in cases in which modifications are necessary; ``(ii) is consistent with applicable law; and ``(iii) includes a process for modifications to a plan in a prompt manner if changed conditions necessitate a modification to a plan; and ``(iv) ensures, to the maximum extent practicable, a prompt review and approval process not to exceed 120 days. ``(B) Plan modification.--Upon reasonable advance notice to an owner or operator of an electric transmission or distribution facility of any changed conditions that warrant a modification to a plan, the Secretary concerned shall-- ``(i) provide an opportunity for the owner or operator to submit a proposed plan modification, consistent with the process described under subparagraph (A)(iii), to address the changed condition identified by the Secretary concerned;

``(ii) consider the proposed plan modification consistent with the process described under paragraph (4)(A); and ``(iii) allow the owner or operator to continue to implement any element of the approved plan that does not directly and adversely affect the condition precipitating the need for modification. ``(5) Categories of actions not requiring environmental analysis.--With respect to the development and approval of plans submitted under paragraph (1), as well as with respect to actions carried out under such plans, the Secretary concerned shall identify categories of actions for which neither an environmental impact statement nor an environmental assessment shall be required under section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation).

``(d) Certain Owners and Operators.-- ``(1) In general.--The owner or operator of an electric transmission or distribution facility that is not subject to the mandatory reliability standards established by the Electric Reliability Organization or that sold less than or equal to 1,000,000 megawatt hours of electric energy for purposes other than resale during each of the 3 calendar years immediately preceding the date of enactment of this section may enter into an agreement with the Secretary concerned in lieu of a plan under subsection (c). ``(2) Minimum requirements.--The Secretary concerned shall ensure that the minimum requirements for an agreement under paragraph (1)-- ``(A) reflect the relative financial resources of the applicable owner or operator compared to other owners or operators of an electric transmission or distribution facility; ``(B) include schedules as described in subsection (c)(3)(D); ``(C) are subject to modification requirements as described in subsection (c)(4)(B); and ``(D) comply with applicable law.

``(e) Emergency Conditions.--If vegetation or hazard trees have contacted or present an imminent danger of contacting an electric transmission or distribution line from within or adjacent to an electric transmission or distribution right-of-way, the owner or operator of the electric transmission or distribution lines-- ``(1) may prune or remove the vegetation or hazard tree-- ``(A) to avoid the disruption of electric service; and ``(B) to eliminate immediate fire and safety hazards; and ``(2) shall notify the appropriate local agent of the Secretary concerned not later than 1 day after the date of the response to emergency conditions.

``(f) Activities That Require Approval.-- ``(1) In general.--Except as provided under paragraph (3), the owner or operator of an electric transmission or distribution facility may conduct vegetation management activities that require approval of the Secretary concerned in accordance with a plan approved under subsection (c) or an agreement entered into under subsection (d) only with the approval of the Secretary concerned.

``(2) Requirement to respond.--The Secretary concerned shall respond to a request for approval to conduct vegetation management activities in accordance with the applicable schedules in a plan approved under subsection (c) or an agreement entered into under subsection (d). ``(3) Authorized activities.--The owner or operator of an electric transmission or distribution facility may conduct vegetation management activities that require approval of the Secretary concerned in accordance with a plan approved under subsection (c) or an agreement entered into under subsection (d) without the approval of the Secretary concerned if-- ``(A) the owner or operator submitted a request to the Secretary concerned in accordance with the applicable schedule in a plan approved under subsection (c) or an agreement entered into under subsection (d); ``(B) the vegetation management activities, including the removal of hazard trees, proposed in the request under subparagraph (A) are in accordance with a plan approved under subsection (c) or an agreement entered into under subsection (d); and ``(C) the Secretary concerned fails to respond to the request under subparagraph (A) in accordance with the applicable schedule in a plan approved under subsection (c) or an agreement entered into under subsection (d).

``(g) Liability.-- ``(1) In general.--The Secretary concerned shall not impose strict liability for damages or injury resulting from-- ``(A) the Secretary concerned unreasonably withholding or delaying-- ``(i) approval of a plan under subsection (c); or ``(ii) entrance into an agreement under subsection (d); or ``(B) the Secretary concerned unreasonably failing to adhere to an applicable schedule in a plan approved under subsection (c) or an agreement entered into under subsection (d). ``(2) Damages.--For the period ending 10 years after the date of the enactment of this subsection, the Secretary concerned shall not impose strict liability in an amount greater than $500,000 per incident for damages or injury resulting from activities conducted by an owner or operator in accordance with an approved agreement under subsection (d). ``(3) Rule of construction.--Nothing in paragraph (2) shall be construed to effect any liability imposed by the Secretary concerned under section 251.56(d) of title 36, Code of Federal Regulations (as in effect on the date of the enactment of this section) and section 2807.12 of title 43, Code of Federal Regulations (as in effect on the date of the enactment of this section), for activities conducted by an owner or operator in accordance with an approved plan under subsection (c).

``(h) Reporting Requirement.-- ``(1) Activities that require approval.--The Secretary concerned shall report requests and actions made under subsection (f) annually on the website of the Secretary concerned. ``(2) Liability.--Not later than four years after the date of enactment of this subsection, the Secretary concerned shall prepare and submit a report to the Committee on Natural

Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate that describes the effect on the Treasury of the strict liability limitation established by subsection (g)(2).

``(i) Training and Guidance.--In consultation with the electric utility industry, the Secretary concerned is encouraged to develop a program to train personnel of the Department of the Interior and the Forest Service involved in vegetation management decisions relating to electric transmission and distribution facilities to ensure that the personnel-- ``(1) understand electric system reliability requirements as the requirements relate to vegetation management of transmission and distribution rights-of-way on Federal land, including reliability standards established by the Electric Reliability Organization and fire safety requirements; ``(2) assist owners and operators of electric transmission and distribution facilities in complying with applicable electric reliability and fire safety requirements; ``(3) encourage and assist willing owners and operators of electric transmission and distribution facilities to incorporate on a voluntary basis vegetation management practices to enhance habitats and forage for pollinators and for other wildlife if the practices are compatible with the integrated vegetation management practices necessary for reliability and safety; and ``(4) understand how existing and emerging unmanned technologies can help electric utilities, the Federal Government, State and local governments, and private landowners-- ``(A) to more efficiently identify vegetation management needs; ``(B) to reduce the risk of wildfires; and ``(C) to lower ratepayer energy costs.

``(j) Implementation.--The Secretary concerned shall-- ``(1) not later than 1 year after the date of enactment of this section, propose regulations, or amend existing regulations, to implement this section; and ``(2) not later than 2 years after the date of enactment of this section, finalize regulations, or amend existing regulations, to implement this section.

``(k) Existing Vegetation Management, Facility Inspection, and Operation and Maintenance Plans.--Nothing in this section requires an owner or operator to develop and submit a new plan under this section if a plan consistent with this section has already been approved by the Secretary concerned before the date of enactment of this section.''. (b) Clerical Amendment.--The table of sections for the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.), is amended by inserting after the item relating to section 511 the following new item:

``Sec. 512. Vegetation management, facility inspection, and operation and maintenance relating to electric transmission and distribution facility rights-of-way.''.

Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended--

(1) in paragraph (3)(B)(i), by striking ``areas; or'' and inserting the following: ``areas, other than the reconstruction, repair, or restoration of a National Forest System road that is-- ``(I) necessary to carry out authorized restoration services pursuant to a good neighbor agreement; and ``(II) in the case of a National Forest System road that is determined to be unneeded in accordance with section 212.5(b)(2) of title 36, Code of Federal Regulations (as in effect on the date of enactment of the Good Neighbor Authority Improvement Act), decommissioned in accordance with subparagraph (A)(iii)-- ``(aa) in a manner that is consistent with the applicable travel management plan; and ``(bb) not later than 3 years after the date on which the applicable authorized restoration services project is completed; or''; (2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (3) by inserting after paragraph (5) the following: ``(6) National forest system road.--The term `National Forest System road' has the meaning given the term in section 212.1 of title 36, Code of Federal Regulations (as in effect on the date of enactment of the Good Neighbor Authority Improvement Act).''.

This title may be cited as the ``Federal Land Transaction Facilitation Act Reauthorization of 2018''.

The Federal Land Transaction Facilitation Act is amended-- (1) in section 203(1) (43 U.S.C. 2302(1)), by striking ``cultural, or'' and inserting ``cultural, recreational access and use, or other''; (2) in section 203(2) (43 U.S.C. 2302(2))-- (A) in the matter preceding subparagraph (A), by striking ``on the date of enactment of this Act was'' and inserting ``is''; (B) by amending subparagraph (A) to read as follows: ``(A) a national monument, area of critical environmental concern, national conservation area, national riparian conservation area, national recreation area, national scenic area, research natural area, national outstanding natural area, priority species and habitats designated in a land use plan in accordance with subpart E (entitled ``Fish and Wildlife'') of part I of Appendix C

of Bureau of Land Management Land Use Planning Handbook H-1601-1 (Rel 1-1693), a special recreation management area, or a national natural landmark managed by the Bureau of Land Management;''; and (C) by amending subparagraph (D) to read as follows: ``(D) a National Forest or National Grassland in the National Forest System; or''; (3) in section 203 (43 U.S.C. 2302), by inserting the following paragraph after section 203(2) (and redesignating the following paragraphs accordingly): ``(3) Inaccessible lands that are open to public hunting, fishing, recreational shooting, or other recreational purposes.--The term `inaccessible lands that are open to public hunting, fishing, recreational shooting, or other recreational purposes' means public lands in Alaska and the eleven contiguous Western States (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) consisting of at least 640 contiguous acres on which the public is allowed under Federal or State law to hunt, fish, target shoot or use the land for other recreational purposes but-- ``(A) to which there is no public access or egress; or ``(B) to which public access or egress to the land is significantly restricted, as determined by the Secretary.''; and (4) in section 205 (43 U.S.C. 2304)-- (A) in subsection (a), by striking ``section 206'' and all that follows through the period and inserting the following: ``section 206-- ``(1) to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); ``(2) not later than 180 days after the date of the enactment of the Federal Land Transaction Facilitation Act Reauthorization of 2018, to establish and make available to the public, on the website of the Department of the Interior, a database containing a comprehensive list of all the land referred to in paragraph (1); and ``(3) to maintain the database referred to in paragraph (2).''; and (B) by striking subsection (d); (5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))-- (A) in subparagraph(A)(i), by striking ``inholdings; and'' and inserting ``inholdings;''; (B) in subparagraph (A)(ii), by striking ``exceptional resources.'' and inserting ``exceptional resources; or''; (C) in subparagraph (A), by inserting after clause (ii), ``(iii) adjacent to inaccessible lands open to public hunting, fishing, recreational shooting, or other recreational purposes.''; and (D) by adding at the end the following: ``(E) Any funds made available under subparagraph (D) that are not obligated or expended by the end of the fourth full fiscal year after the date of the sale or exchange

of land that generated the funds may be expended in any State.''; (6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))-- (A) by inserting after subparagraph (A) the following: ``(B) the extent to which the acquisition of the land or interest therein will increase the public availability of resources for, and facilitate public access to, hunting, fishing, and other recreational activities;''; and (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D); (7) by striking section 206(f) (43 U.S.C. 2305(f)); and (8) in section 207(b) (43 U.S.C. 2306(b))-- (A) in paragraph (1)-- (i) by striking ``96-568'' and inserting ``96- 586''; and (ii) by striking ``; or'' and inserting a semicolon; (B) in paragraph (2)-- (i) by inserting ``Public Law 105-263;'' before ``112 Stat.''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(3) the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109-432; 120 Stat. 3028); ``(4) the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2403); ``(5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-11); ``(6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public Law 111-11); ``(7) section 2601 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1108); or ``(8) section 2606 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.

DETERMINATION ACT OF 2000.

(a) Secure Payments for States and Counties Containing Federal Land.-- (1) Full funding amount.--Section 3(11) of the Secure Rural Schools and Community Self-Determination Act (16 U.S.C. 7102(11)) is amended-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C)-- (i) by striking ``and each fiscal year thereafter'' and inserting ``through fiscal year 2015''; and (ii) by striking the period and inserting a semi-colon; and (C) by adding at the end the following:

``(D) for fiscal year 2017, the amount that is equal to 95 percent of the full funding amount for fiscal year 2015; and ``(E) for fiscal year 2018 and each fiscal year thereafter, the amount that is equal to 95 percent of the full funding amount for the preceding fiscal year.''. (2) Secure payments.-- (A) In general.--Section 101 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111) is amended, in subsections (a) and (b), by striking ``2015'' each place it appears and inserting ``2015, 2017, and 2018''. (B) Special rule for fiscal year 2017 payments.-- Section 101 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111) is amended by adding at the end the following:

``(d) Special Rule for Fiscal Year 2017 Payments.-- ``(1) State payment.--If an eligible county in a State that will receive a share of the State payment for fiscal year 2017 has already received, or will receive, a share of the 25-percent payment for fiscal year 2017 distributed to the State before the date of enactment of this subsection, the amount of the State payment shall be reduced by the amount of the share of the eligible county of the 25-percent payment. ``(2) County payment.--If an eligible county that will receive a county payment for fiscal year 2017 has already received a 50-percent payment for fiscal year 2017, the amount of the county payment shall be reduced by the amount of the 50- percent payment. ``(3) Prompt payment.--Not later than 45 days after the date of enactment of this subsection, the Secretary of the Treasury shall make all payments under this title for fiscal year 2017.''. (3) Payments to states and counties.-- (A) Election to receive payment amount.--Section 102(b) of the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 7112(b)) is amended-- (i) in paragraph (1), by adding after subparagraph (C) the following: ``(D) Payments for fiscal years 2017 and 2018.--The election otherwise required by subparagraph (A) shall not apply for fiscal years 2017 or 2018.''; and (ii) in paragraph (2)-- (I) in subparagraph (A), by inserting ``and for fiscal years 2017 and 2018'' after ``2015''; and (II) in subparagraph (B), by inserting ``and for fiscal years 2017 and 2018'' after ``2015''. (B) Expenditure rules for eligible counties.-- Section 102(d) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(d)) is amended-- (i) in paragraph (1), by adding after subparagraph (E) the following: ``(F) Payments for fiscal years 2017 and 2018.--The election made by an eligible county under subparagraph (B), (C), or (D) for fiscal year 2013, or deemed to be made

by the county under paragraph (3)(B) for that fiscal year, shall be effective for fiscal years 2017 and 2018.''; and (ii) in paragraph (3)-- (I) in subparagraph (B)(ii), by striking ``purpose described in section 202(b)'' and inserting ``purposes described in section 202(b), section 203(c), or section 204(a)(5)''; and (II) by adding after subparagraph (C) the following: ``(D) Payments for fiscal years 2017 and 2018.--This paragraph does not apply for fiscal years 2017 and 2018.''. (C) Elections as to allocation of balance.--Section 102(d)(1) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(d)(1)) is amended-- (i) in subparagraph (B)(ii), by striking ``not more than 7 percent of the total share for the eligible county of the State payment or the county payment'' and inserting ``any portion of the balance''; and (ii) by striking subparagraph (C) and inserting the following: ``(C) Counties with major distributions.--In the case of each eligible county to which $350,000 or more is distributed for any fiscal year pursuant to paragraph (1)(B) or (2)(B) of subsection (a), the eligible county shall elect to do 1 or more of the following with the balance of any funds not expended pursuant to subparagraph (A): ``(i) Reserve any portion of the balance for projects in accordance with title II. ``(ii) Reserve not more than 7 percent of the total share for the eligible county of the State payment or the county payment for projects in accordance with title III. ``(iii) Return the portion of the balance not reserved under clauses (i) and (ii) to the Treasury of the United States.''. (D) Treatment as supplemental funding.--Section 102 of the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 7112) is amended by adding at the end the following:

``(f) Treatment as Supplemental Funding.-- ``(1) In general.--None of the funds made available to an eligible county under this Act may be used in lieu of, or to otherwise offset, a State funding source for a local school, facility, or educational purpose. ``(2) Continuation of direct payments.--Payments to States made under the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 7101 et seq.) and 25- percent payments made to States and Territories under the Acts of May 23, 1908, and March 1, 1911 (16 U.S.C. 500), shall continue to be made as direct payments and not as Federal financial assistance.''. (E) Distribution of payments to eligible counties.-- Section 103(d)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by striking ``2015'' and inserting ``and for fiscal years 2017 and 2018''.

(b) Continuation of Authority to Conduct Special Projects on Federal Land.-- (1) Repeal of contracting pilot program.--Section 204(e) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7124(e)) is amended by striking paragraph (3). (2) Resource advisory committees.--Section 205(a)(4) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012'' each place it appears and inserting ``2018''. (3) Availability of project funds.--Section 207(d)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7127(d)(2)) is amended by striking ``subparagraph (B)'' and inserting ``subparagraph (B)(i), (B)(ii),''. (4) Termination of authority.--Section 208 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7128) is amended-- (A) in subsection (a), by striking ``2017'' and inserting ``2020''; and (B) in subsection (b), by striking ``2018'' and inserting ``2021''.

(c) Termination of Authority.--Section 304 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7144) is amended-- (1) in subsection (a), by striking ``2017'' and inserting ``2020''; and (2) in subsection (b), by striking ``2018'' and inserting ``2021''.

COUNTY PROJECTS.

Section 302(a) of the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 7142(a)) is amended-- (1) in paragraph (2)-- (A) by inserting ``and law enforcement patrols'' after ``including firefighting''; and (B) by striking ``and'' at the end; (2) in paragraph (3), by inserting ``and carry out'' after ``develop''; (3) by redesignating paragraph (3) as paragraph (4); and (4) by inserting after paragraph (2) the following new paragraph (3): ``(3) to cover training costs and equipment purchases directly related to the emergency services described in paragraph (2); and''.

DRAWDOWN.

(a) Drawdown and Sale.-- (1) In general.--Notwithstanding section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), except as provided in subsection (b), the Secretary of Energy shall draw down and sell 10,000,000 barrels of crude oil from the

Strategic Petroleum Reserve during the period of fiscal years 2020 through 2021. (2) Deposit of amounts received from sale.--Amounts received from a sale under paragraph (1) shall be deposited in the general fund of the Treasury during the fiscal year in which the sale occurs.

(b) Emergency Protection.--The Secretary of Energy may not draw down and sell crude oil under this section in quantities that would limit the authority to sell petroleum products under subsection (h) of section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) in the full quantity authorized by that subsection. (c) Strategic Petroleum Drawdown Limitations.--Section 161(h)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6241(h)(2)) is amended by striking ``350,000,000'' each place it appears and inserting ``340,000,000''.

DIVISION P--RAY <<NOTE: Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018. 47 USC 609 note.>> BAUM'S ACT OF 2018

SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This division may be cited as the ``Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018'' or the ``RAY BAUM'S Act of 2018''. (b) Table of Contents.--The table of contents for this division is as follows:

Sec. 1. Short title; table of contents. Sec. 2. Commission defined.

In this division, the term ``Commission'' means the Federal Communications Commission.

(a) In General.--Section 6 of the Communications Act of 1934 (47 U.S.C. 156) is amended to read as follows:

``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

``(a) Authorization.--There are authorized to be appropriated to the Commission to carry out the functions of the Commission $333,118,000 for fiscal year 2019 and $339,610,000 for fiscal year 2020. ``(b) Offsetting Collections.--The sum appropriated in any fiscal year to carry out the activities described in subsection (a), to the extent and in the amounts provided for in Appropriations Acts, shall be derived from fees authorized by section 9.''. (b) Deposits of Bidders To Be Deposited in Treasury.--Section 309(j)(8)(C) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(C)) is amended-- (1) in the first sentence, by striking ``an interest bearing account'' and all that follows and inserting ``the Treasury.''; (2) in clause (i)-- (A) by striking ``paid to the Treasury'' and inserting ``deposited in the general fund of the Treasury (where such deposits shall be used for the sole purpose of deficit reduction)''; and (B) by striking the semicolon and inserting ``; and''; (3) in clause (ii), by striking ``; and'' and inserting ``, and payments representing the return of such deposits shall not be subject to administrative offset under section 3716(c) of title 31, United States Code.''; and (4) by striking clause (iii).

(c) Elimination of Duplicative Authorization of Appropriations.-- (1) In general.--Section 710 of the Telecommunications Act of 1996 (Public Law 104-104) is repealed. (2) Conforming amendment.--The table of contents in section 2 of such Act is amended by striking the item relating to section 710.

(d) Transfer of Funds.--On the effective date described in section 103 of this title, any amounts in the account providing appropriations to carry out the functions of the Commission that were collected in excess of the amounts provided for in Appropriations Acts in any fiscal year prior to such date shall be transferred to the general fund of the Treasury of the United States for the sole purpose of deficit reduction.

(a) Application Fees.--Section 8 of the Communications Act of 1934 (47 U.S.C. 158) is amended to read as follows:

``SEC. 8. APPLICATION FEES.

``(a) General Authority; Establishment of Schedule.--The Commission shall assess and collect application fees at such rates as the Commission shall establish in a schedule of application fees to recover the costs of the Commission to process applications. ``(b) Adjustment of Schedule.-- ``(1) In general.--In every even-numbered year, the Commission shall review the schedule of application fees established under this section and, except as provided in paragraph (2), set a new amount for each fee in the schedule that is equal to the amount of the fee on the date when the fee was established or the date when the fee was last amended under subsection (c), whichever is later-- ``(A) increased or decreased by the percentage change in the Consumer Price Index during the period beginning on such date and ending on the date of the review; and ``(B) rounded to the nearest $5 increment. ``(2) Threshold for adjustment.--The Commission may not adjust a fee under paragraph (1) if-- ``(A) in the case of a fee the current amount of which is less than $200, the adjustment would result in a change in the current amount of less than $10; or ``(B) in the case of a fee the current amount of which is $200 or more, the adjustment would result in a change in the current amount of less than 5 percent. ``(3) Current amount defined.--In paragraph (2), the term `current amount' means, with respect to a fee, the amount of the fee on the date when the fee was established, the date when the fee was last adjusted under paragraph (1), or the date when the fee was last amended under subsection (c), whichever is latest.

``(c) Amendments to Schedule.--In addition to the adjustments required by subsection (b), the Commission shall by rule amend the schedule of application fees established under this section if the Commission determines that the schedule requires amendment-- ``(1) so that such fees reflect increases or decreases in the costs of processing applications at the Commission; or

``(2) so that such schedule reflects the consolidation or addition of new categories of applications.

``(d) Exceptions.-- ``(1) Parties to which fees are not applicable.--The application fees established under this section shall not be applicable to-- ``(A) a governmental entity; ``(B) a nonprofit entity licensed in the Local Government, Police, Fire, Highway Maintenance, Forestry- Conservation, Public Safety, or Special Emergency Radio radio services; or ``(C) a noncommercial radio station or noncommercial television station. ``(2) Cost of collection.--If, in the judgment of the Commission, the cost of collecting an application fee established under this section would exceed the amount collected, the Commission may by rule eliminate such fee.

``(e) Deposit of Collections.--Moneys received from application fees established under this section shall be deposited in the general fund of the Treasury.''. (b) Regulatory Fees.--Section 9 of the Communications Act of 1934 (47 U.S.C. 159) is amended to read as follows:

``SEC. 9. REGULATORY FEES.

``(a) General Authority.--The Commission shall assess and collect regulatory fees to recover the costs of carrying out the activities described in section 6(a) only to the extent, and in the total amounts, provided for in Appropriations Acts. ``(b) Establishment of Schedule.--The Commission shall assess and collect regulatory fees at such rates as the Commission shall establish in a schedule of regulatory fees that will result in the collection, in each fiscal year, of an amount that can reasonably be expected to equal the amounts described in subsection (a) with respect to such fiscal year. ``(c) Adjustment of Schedule.-- ``(1) In general.--For each fiscal year, the Commission shall by rule adjust the schedule of regulatory fees established under this section to-- ``(A) reflect unexpected increases or decreases in the number of units subject to the payment of such fees; and ``(B) result in the collection of the amount required by subsection (b). ``(2) Rounding.--In making adjustments under this subsection, the Commission may round fees to the nearest $5 increment.

``(d) Amendments to Schedule.--In addition to the adjustments required by subsection (c), the Commission shall by rule amend the schedule of regulatory fees established under this section if the Commission determines that the schedule requires amendment so that such fees reflect the full-time equivalent number of employees within the bureaus and offices of the Commission, adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission's activities. In making an amendment under this subsection, the Commission may not change the total amount of regulatory fees required by subsection (b) to be collected in a fiscal year. ``(e) Exceptions.--

``(1) Parties to which fees are not applicable.--The regulatory fees established under this section shall not be applicable to-- ``(A) a governmental entity or nonprofit entity; ``(B) an amateur radio operator licensee under part 97 of the Commission's rules (47 CFR part 97); or ``(C) a noncommercial radio station or noncommercial television station. ``(2) Cost of collection.--If, in the judgment of the Commission, the cost of collecting a regulatory fee established under this section from a party would exceed the amount collected from such party, the Commission may exempt such party from paying such fee.

``(f) Deposit of Collections.-- ``(1) In general.--Amounts received from fees authorized by this section shall be deposited as an offsetting collection in, and credited to, the account through which funds are made available to carry out the activities described in section 6(a). ``(2) Deposit of excess collections.--Any regulatory fees collected in excess of the total amount of fees provided for in Appropriations Acts for a fiscal year shall be deposited in the general fund of the Treasury of the United States for the sole purpose of deficit reduction.''.

(c) Provisions Applicable to Application and Regulatory Fees.--Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by inserting after section 9 the following:

``SEC. 9A. PROVISIONS APPLICABLE TO APPLICATION AND REGULATORY FEES.

``(a) Judicial Review Prohibited.--Any adjustment or amendment to a schedule of fees under subsection (b) or (c) of section 8 or subsection (c) or (d) of section 9 is not subject to judicial review. ``(b) Notice to Congress.--The Commission shall transmit to Congress notification-- ``(1) of any adjustment under section 8(b) or 9(c) immediately upon the adoption of such adjustment; and ``(2) of any amendment under section 8(c) or 9(d) not later than 90 days before the effective date of such amendment.

``(c) Enforcement.-- ``(1) Penalties for late payment.--The Commission shall by rule prescribe an additional penalty for late payment of fees under section 8 or 9. Such additional penalty shall be 25 percent of the amount of the fee that was not paid in a timely manner. ``(2) Interest on unpaid fees and penalties.--The Commission shall charge interest, at a rate determined under section 3717 of title 31, United States Code, on a fee under section 8 or 9 or an additional penalty under this subsection that is not paid in a timely manner. Such section 3717 shall not otherwise apply with respect to such a fee or penalty. ``(3) Dismissal of applications or filings.--The Commission may dismiss any application or other filing for failure to pay in a timely manner any fee under section 8 or 9 or any interest or additional penalty under this subsection. ``(4) Revocations.--

``(A) In general.--In addition to or in lieu of the penalties and dismissals authorized by this subsection, the Commission may revoke any instrument of authorization held by any licensee that has not paid in a timely manner a regulatory fee assessed under section 9 or any related interest or penalty. ``(B) Notice.--Revocation action may be taken by the Commission under this paragraph after notice of the Commission's intent to take such action is sent to the licensee by registered mail, return receipt requested, at the licensee's last known address. The notice shall provide the licensee at least 30 days to either pay the fee, interest, and any penalty or show cause why the fee, interest, or penalty does not apply to the licensee or should otherwise be waived or payment deferred. ``(C) Hearing.-- ``(i) Generally not required.--A hearing is not required under this paragraph unless the licensee's response presents a substantial and material question of fact. ``(ii) Evidence and burdens.--In any case where a hearing is conducted under this paragraph, the hearing shall be based on written evidence only, and the burden of proceeding with the introduction of evidence and the burden of proof shall be on the licensee. ``(iii) Costs.--Unless the licensee substantially prevails in the hearing, the Commission may assess the licensee for the costs of such hearing. ``(D) Opportunity to pay prior to revocation.--Any Commission order adopted under this paragraph shall determine the amount due, if any, and provide the licensee with at least 30 days to pay that amount or have its authorization revoked. ``(E) Finality.--No order of revocation under this paragraph shall become final until the licensee has exhausted its right to judicial review of such order under section 402(b)(5).

``(d) Waiver, Reduction, and Deferment.--The Commission may waive, reduce, or defer payment of a fee under section 8 or 9 or an interest charge or penalty under this section in any specific instance for good cause shown, where such action would promote the public interest. ``(e) Payment Rules.--The Commission shall by rule permit payment-- ``(1) in the case of fees under section 8 or 9 in large amounts, by installments; and ``(2) in the case of fees under section 8 or 9 in small amounts, in advance for a number of years not to exceed the term of the license held by the payor.

``(f) Accounting System.--The Commission shall develop accounting systems necessary to make the amendments authorized by sections 8(c) and 9(d).''. (d) Transitional Rules.-- (1) Application fees.--An application fee established under section 8 of the Communications Act of 1934, as such section is in effect on the day before the effective date described in section 103 of this title, shall remain in effect under section

8 of the Communications Act of 1934, as amended by subsection (a) of this section, until such time as the Commission adjusts or amends such fee under subsection (b) or (c) of such section 8, as so amended. (2) Regulatory fees.--A regulatory fee established under section 9 of the Communications Act of 1934, as such section is in effect on the day before the effective date described in section 103 of this title, shall remain in effect under section 9 of the Communications Act of 1934, as amended by subsection (b) of this section, until such time as the Commission adjusts or amends such fee under subsection (c) or (d) of such section 9, as so amended.

(e) Rulemaking To Amend Schedule of Regulatory Fees.-- (1) In general.--Not later than 1 year after the effective date described in section 103 of this title, the Commission shall complete a rulemaking proceeding under subsection (d) of section 9 of the Communications Act of 1934, as amended by subsection (b) of this section. (2) Report to congress.--If the Commission has not completed the rulemaking proceeding required by paragraph (1) by the date that is 6 months after the effective date described in section 103 of this title, the Commission shall submit to Congress a report on the progress of such rulemaking proceeding.

This title and the amendments made by this title shall take effect on October 1, 2018.

PROGRAM.

Section 302 of Public Law 108-494 (118 Stat. 3998) is amended by striking ``December 31, 2018'' each place it appears and inserting ``December 31, 2019''.

Not later than 36 months after the date of enactment of this Act, the Commission shall submit to Congress, and make publically available on the Commission's website, a study on the public safety benefits and technical feasibility and cost of-- (1) making telecommunications service provider-owned WiFi access points, and other communications technologies operating on unlicensed spectrum, available to the general public for access to 9-1-1 services, without requiring any login credentials, during times of emergency when mobile service is unavailable;

(2) the provision by non-telecommunications service provider-owned WiFi access points of public access to 9-1-1 services during times of emergency when mobile service is unavailable; and (3) other alternative means of providing the public with access to 9-1-1 services during times of emergency when mobile service is unavailable.

DECLARED EMERGENCIES.

Section 427(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189e(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``telecommunications service'' and inserting ``wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service''; (B) in subparagraph (E), by striking the semicolon and inserting ``; or''; (C) by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively; and (D) by adding at the end of the following: ``(B) is a tower owner or operator;''; and (2) by striking ``(1) provides'' and inserting ``(1)(A) provides''.

As used in this title-- (1) the term ``mobile service'' means commercial mobile service (as defined in section 332 of the Communications Act of 1934 (47 U.S.C. 332)) or commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)); (2) the term ``WiFi access point'' means wireless Internet access using the standard designated as 802.11 or any variant thereof; and (3) the term ``times of emergency'' means either an emergency as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), or an emergency as declared by the governor of a State or territory of the United States.

Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following:

``SEC. 13. COMMUNICATIONS MARKETPLACE REPORT.

``(a) In General.--In the last quarter of every even-numbered year, the Commission shall publish on its website and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the state of the communications marketplace. ``(b) Contents.--Each report required by subsection (a) shall--

``(1) assess the state of competition in the communications marketplace, including competition to deliver voice, video, audio, and data services among providers of telecommunications, providers of commercial mobile service (as defined in section 332), multichannel video programming distributors (as defined in section 602), broadcast stations, providers of satellite communications, Internet service providers, and other providers of communications services; ``(2) assess the state of deployment of communications capabilities, including advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)), regardless of the technology used for such deployment; ``(3) assess whether laws, regulations, regulatory practices (whether those of the Federal Government, States, political subdivisions of States, Indian tribes or tribal organizations (as such terms are defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)), or foreign governments), or demonstrated marketplace practices pose a barrier to competitive entry into the communications marketplace or to the competitive expansion of existing providers of communications services; ``(4) describe the agenda of the Commission for the next 2- year period for addressing the challenges and opportunities in the communications marketplace that were identified through the assessments under paragraphs (1) through (3); and ``(5) describe the actions that the Commission has taken in pursuit of the agenda described pursuant to paragraph (4) in the previous report submitted under this section.

``(c) Extension.--If the President designates a Commissioner as Chairman of the Commission during the last quarter of an even-numbered year, the portion of the report required by subsection (b)(4) may be published on the website of the Commission and submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate as an addendum during the first quarter of the following odd-numbered year. ``(d) Special Requirements.-- ``(1) Assessing competition.--In assessing the state of competition under subsection (b)(1), the Commission shall consider all forms of competition, including the effect of intermodal competition, facilities-based competition, and competition from new and emergent communications services, including the provision of content and communications using the Internet. ``(2) Assessing deployment.--In assessing the state of deployment under subsection (b)(2), the Commission shall compile a list of geographical areas that are not served by any provider of advanced telecommunications capability. ``(3) Considering small businesses.--In assessing the state of competition under subsection (b)(1) and regulatory barriers under subsection (b)(3), the Commission shall consider market entry barriers for entrepreneurs and other small businesses in the communications marketplace in accordance with the national policy under section 257(b).''.

CONSOLIDATION OF REDUNDANT REPORTS; CONFORMING AMENDMENTS.

(a) ORBIT Act Report.--Section 646 of the Communications Satellite Act of 1962 (47 U.S.C. 765e; 114 Stat. 57) is repealed. (b) Satellite Competition Report.--Section 4 of Public Law 109-34 (47 U.S.C. 703) is repealed. (c) International Broadband Data Report.--Section 103(b)(1) of the Broadband Data Improvement Act (47 U.S.C. 1303(b)(1)) is amended by striking ``the assessment and report'' and all that follows through ``Federal Communications Commission'' and inserting ``its report under section 13 of the Communications Act of 1934, the Federal Communications Commission''. (d) Status of Competition in the Market for the Delivery of Video Programming Report.--Section 628 of the Communications Act of 1934 (47 U.S.C. 548) is amended-- (1) by striking subsection (g); (2) by redesignating subsection (j) as subsection (g); and (3) by transferring subsection (g) (as redesignated) so that it appears after subsection (f).

(e) Report on Cable Industry Prices.--Section 623(k) of the Communications Act of 1934 (47 U.S.C. 543(k)) is amended-- (1) in paragraph (1), by striking ``annually publish'' and inserting ``publish with its report under section 13''; and (2) in the heading of paragraph (2), by striking ``annual''.

(f) Triennial Report Identifying and Eliminating Market Entry Barriers for Entrepreneurs and Other Small Businesses.--Section 257 of the Communications Act of 1934 (47 U.S.C. 257) is amended by striking subsection (c). (g) State of Competitive Market Conditions With Respect to Commercial Mobile Radio Services.--Section 332(c)(1)(C) of the Communications Act of 1934 (47 U.S.C. 332(c)(1)(C)) is amended by striking the first and second sentences. (h) Previously Eliminated Annual Report.-- (1) In general.--Section 4 of the Communications Act of 1934 (47 U.S.C. 154) is amended-- (A) by striking subsection (k); and (B) by redesignating subsections (l) through (o) as subsections (k) through (n), respectively. (2) Conforming amendment.--Section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)) is amended by striking the last sentence.

(i) Additional Outdated Reports.--The Communications Act of 1934 is further amended-- (1) in section 4-- (A) in subsection (b)(2)(B)(ii), by striking ``and shall furnish notice of such action'' and all that follows through ``subject of the waiver''; and (B) in subsection (g), by striking paragraph (2); (2) in section 215-- (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b); (3) in section 227(e), by striking paragraph (4); (4) in section 309(j)-- (A) by striking paragraph (12); and (B) in paragraph (15)(C), by striking clause (iv); (5) in section 331(b), by striking the last sentence;

(6) in section 336(e), by amending paragraph (4) to read as follows: ``(4) Report.--The Commission shall annually advise the Congress on the amounts collected pursuant to the program required by this subsection.''; (7) in section 339(c), by striking paragraph (1); (8) in section 396-- (A) by striking subsection (i); (B) in subsection (k)-- (i) in paragraph (1), by striking subparagraph (F); and (ii) in paragraph (3)(B)(iii), by striking subclause (V); (C) in subsection (l)(1)(B), by striking ``shall be included'' and all that follows through ``The audit report''; and (D) by striking subsection (m); (9) in section 398(b)(4), by striking the third sentence; (10) in section 624A(b)(1)-- (A) by striking ``Report; regulations'' and inserting ``Regulations''; (B) by striking ``Within 1 year after'' and all that follows through ``on means of assuring'' and inserting ``The Commission shall issue such regulations as are necessary to assure''; and (C) by striking ``Within 180 days after'' and all that follows through ``to assure such compatibility.''; and (11) in section 713, by striking subsection (a).

Nothing in this title or the amendments made by this title shall be construed to expand or contract the authority of the Commission.

Nothing in this title or the amendments made by this title shall be construed to prohibit or otherwise prevent the Commission from producing any additional reports otherwise within the authority of the Commission.

(a) Amendments.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in section 8G(a)(2), by striking ``the Federal Communications Commission,''; and (2) in section 12-- (A) in paragraph (1), by inserting ``, the Federal Communications Commission,'' after ``the Chairman of the Nuclear Regulatory Commission''; and (B) in paragraph (2), by inserting ``the Federal Communications Commission,'' after ``the Environmental Protection Agency,''.

(b) Transition Rule.--An individual serving as Inspector General of the Commission on the date of the enactment of this Act

pursuant to an appointment made under section 8G of the Inspector General Act of 1978 (5 U.S.C. App.)-- (1) may continue so serving until the President makes an appointment under section 3(a) of such Act with respect to the Commission consistent with the amendments made by subsection (a); and (2) shall, while serving under paragraph (1), remain subject to the provisions of section 8G of such Act which, immediately before the date of the enactment of this Act, applied with respect to the Inspector General of the Commission and suffer no reduction in pay.

OFFICER.

(a) In General.--The Commission shall ensure that the Chief Information Officer of the Commission has a significant role in-- (1) the decision-making process for annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports related to information technology; (2) the management, governance, and oversight processes related to information technology; and (3) the hiring of personnel with information technology responsibilities.

(b) CIO Approval.--The Chief Information Officer of the Commission, in consultation with the Chief Financial Officer of the Commission and budget officials, shall specify and approve the allocation of amounts appropriated to the Commission for information technology, consistent with the provisions of appropriations Acts, budget guidelines, and recommendations from the Director of the Office of Management and Budget.

(a) Expanding and Clarifying Prohibition on Misleading or Inaccurate Caller Identification Information.-- (1) Communications from outside the united states.--Section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by striking ``in connection with any telecommunications service or IP-enabled voice service'' and inserting ``or any person outside the United States if the recipient is within the United States, in connection with any voice service or text messaging service''. (2) Coverage of text messages and voice services.--Section 227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is amended-- (A) in subparagraph (A), by striking ``telecommunications service or IP-enabled voice service'' and inserting ``voice service or a text message sent using a text messaging service''; (B) in the first sentence of subparagraph (B), by striking ``telecommunications service or IP-enabled voice service'' and inserting ``voice service or a text message sent using a text messaging service''; and (C) by striking subparagraph (C) and inserting the following: ``(C) Text message.--The term `text message'-- ``(i) means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving

or transmitting device by means of a 10-digit telephone number or N11 service code; ``(ii) includes a short message service (commonly referred to as `SMS') message and a multimedia message service (commonly referred to as `MMS') message; and ``(iii) does not include-- ``(I) a real-time, two-way voice or video communication; or ``(II) a message sent over an IP- enabled messaging service to another user of the same messaging service, except a message described in clause (ii). ``(D) Text messaging service.--The term `text messaging service' means a service that enables the transmission or receipt of a text message, including a service provided as part of or in connection with a voice service. ``(E) Voice service.--The term `voice service'-- ``(i) means any service that is interconnected with the public switched telephone network and that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor to the North American Numbering Plan adopted by the Commission under section 251(e)(1); and ``(ii) includes transmissions from a telephone facsimile machine, computer, or other device to a telephone facsimile machine.''. (3) Technical amendment.--Section 227(e) of the Communications Act of 1934 (47 U.S.C. 227(e)) is amended in the heading by inserting ``Misleading or'' before ``Inaccurate''. (4) Regulations.-- (A) In general.--Section 227(e)(3)(A) of the Communications Act of 1934 (47 U.S.C. 227(e)(3)(A)) is amended by striking ``Not later than 6 months after the date of enactment of the Truth in Caller ID Act of 2009, the Commission'' and inserting ``The Commission''. (B) Deadline.--The Commission shall prescribe regulations to implement the amendments made by this subsection not later than 18 months after the date of enactment of this Act. (5) Effective date.--The amendments made by this subsection shall take effect on the date that is 6 months after the date on which the Commission prescribes regulations under paragraph (4).

(b) Consumer Education Materials on How To Avoid Scams That Rely Upon Misleading or Inaccurate Caller Identification Information.-- (1) Development of materials.--Not later than 1 year after the date of enactment of this Act, the Commission, in coordination with the Federal Trade Commission, shall develop consumer education materials that provide information about-- (A) ways for consumers to identify scams and other fraudulent activity that rely upon the use of misleading or inaccurate caller identification information; and

(B) existing technologies, if any, that a consumer can use to protect against such scams and other fraudulent activity. (2) Contents.--In developing the consumer education materials under paragraph (1), the Commission shall-- (A) identify existing technologies, if any, that can help consumers guard themselves against scams and other fraudulent activity that rely upon the use of misleading or inaccurate caller identification information, including-- (i) descriptions of how a consumer can use the technologies to protect against such scams and other fraudulent activity; and (ii) details on how consumers can access and use the technologies; and (B) provide other information that may help consumers identify and avoid scams and other fraudulent activity that rely upon the use of misleading or inaccurate caller identification information. (3) Updates.--The Commission shall ensure that the consumer education materials required under paragraph (1) are updated on a regular basis. (4) Website.--The Commission shall include the consumer education materials developed under paragraph (1) on its website.

(c) GAO Report on Combating the Fraudulent Provision of Misleading or Inaccurate Caller Identification Information.-- (1) In general.--The Comptroller General of the United States shall conduct a study of the actions the Commission and the Federal Trade Commission have taken to combat the fraudulent provision of misleading or inaccurate caller identification information, and the additional measures that could be taken to combat such activity. (2) Required considerations.--In conducting the study under paragraph (1), the Comptroller General shall examine-- (A) trends in the types of scams that rely on misleading or inaccurate caller identification information; (B) previous and current enforcement actions by the Commission and the Federal Trade Commission to combat the practices prohibited by section 227(e)(1) of the Communications Act of 1934 (47 U.S.C. 227(e)(1)); (C) current efforts by industry groups and other entities to develop technical standards to deter or prevent the fraudulent provision of misleading or inaccurate caller identification information, and how such standards may help combat the current and future provision of misleading or inaccurate caller identification information; and (D) whether there are additional actions the Commission, the Federal Trade Commission, and Congress should take to combat the fraudulent provision of misleading or inaccurate caller identification information. (3) Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the study under paragraph (1), including any recommendations

regarding combating the fraudulent provision of misleading or inaccurate caller identification information.

(d) Rule of Construction.--Nothing in this section, or the amendments made by this section, shall be construed to modify, limit, or otherwise affect any rule or order adopted by the Commission in connection with-- (1) the Telephone Consumer Protection Act of 1991 (Public Law 102-243; 105 Stat. 2394) or the amendments made by that Act; or (2) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.).

VETERANS.

(a) Veteran Defined.--In this section, the term ``veteran'' has the meaning given the term in section 101 of title 38, United States Code. (b) Report Required.--Not later than 1 year after the date of the enactment of this Act, the Commission shall submit to Congress a report on promoting broadband Internet access service for veterans, in particular low-income veterans and veterans residing in rural areas. In such report, the Commission shall-- (1) examine such access and how to promote such access; and (2) provide findings and recommendations for Congress with respect to such access and how to promote such access.

(c) Public Notice and Opportunity To Comment.--In preparing the report required by subsection (b), the Commission shall provide the public with notice and an opportunity to comment on broadband Internet access service for veterans, in particular low-income veterans and veterans residing in rural areas, and how to promote such access.

MOBILE SERVICE COVERAGE DATA.

(a) Definitions.--In this section-- (1) the term ``commercial mobile data service'' has the meaning given the term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401); (2) the term ``commercial mobile service'' has the meaning given the term in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)); (3) the term ``coverage data'' means, if commercial mobile service or commercial mobile data service is available, general information about the service, which may include available speed tiers, radio frequency signal levels, and network and performance characteristics; and (4) the term ``Universal Service program'' means the universal service support mechanisms established under section 254 of the Communications Act of 1934 (47 U.S.C. 254) and the regulations issued under that section.

(b) Methodology Established.--Not later than 180 days after the conclusion of the Mobility Fund Phase II Auction, the Commission shall promulgate regulations to establish a methodology that shall apply to the collection of coverage data by the Commission for the purposes of-- (1) the Universal Service program; or (2) any other similar program.

(c) Requirements.--The methodology established under subsection (b) shall-- (1) contain standard definitions for different available technologies such as 2G, 3G, 4G, and 4G LTE; (2) enhance the consistency and robustness of how the data are collected by different parties; (3) improve the validity and reliability of coverage data; and (4) increase the efficiency of coverage data collection.

FOR 9-1-1 CALLS.

(a) Proceeding Required.--Not later than 18 months after the date of the enactment of this Act, the Commission shall conclude a proceeding to consider adopting rules to ensure that the dispatchable location is conveyed with a 9-1-1 call, regardless of the technological platform used and including with calls from multi-line telephone systems (as defined in section 6502 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1471)). (b) Relationship to Other Proceedings.--In conducting the proceeding required by subsection (a), the Commission may consider information and conclusions from other Commission proceedings regarding the accuracy of the dispatchable location for a 9-1-1 call, but nothing in this section shall be construed to require the Commission to reconsider any information or conclusion from a proceeding regarding the accuracy of the dispatchable location for a 9-1-1 call in which the Commission has adopted rules or issued an order before the date of the enactment of this Act. (c) Definitions.--In this section: (1) 9-1-1 call.--The term ``9-1-1 call'' means a voice call that is placed, or a message that is sent by other means of communication, to a public safety answering point (as defined in section 222 of the Communications Act of 1934 (47 U.S.C. 222)) for the purpose of requesting emergency services. (2) Dispatchable location.--The term ``dispatchable location'' means the street address of the calling party, and additional information such as room number, floor number, or similar information necessary to adequately identify the location of the calling party.

INCIDENTS.

(a) In General.--The Assistant Secretary of Commerce for Communications and Information shall complete a study on how the National Telecommunications and Information Administration can best coordinate the interagency process following cybersecurity incidents. (b) Report to Congress.--Not later than 18 months after the date of the enactment of this Act, the Assistant Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the findings and recommendations of the study conducted under subsection (a).

(a) Tribal Broadband Data Report.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Commission shall submit

to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report evaluating broadband coverage in Indian country (as defined in section 1151 of title 18, United States Code) and on land held by a Native Corporation pursuant to the Alaska Native Claims Settlement Act. (2) Required assessments.--The report required by paragraph (1) shall include the following: (A) An assessment of areas of Indian country (as so defined) and land held by a Native Corporation pursuant to the Alaska Native Claims Settlement Act that have adequate broadband coverage. (B) An assessment of unserved areas of Indian country (as so defined) and land held by a Native Corporation pursuant to the Alaska Native Claims Settlement Act.

(b) Tribal Broadband Proceeding.--Not later than 30 months after the date of the enactment of this Act, the Commission shall complete a proceeding to address the unserved areas identified in the report under subsection (a).

Section 4(c) of the Communications Act of 1934 (47 U.S.C. 154(c)) is amended to read as follows: ``(c)(1) A commissioner-- ``(A) shall be appointed for a term of 5 years; ``(B) except as provided in subparagraph (C), may continue to serve after the expiration of the fixed term of office of the commissioner until a successor is appointed and has been confirmed and taken the oath of office; and ``(C) may not continue to serve after the expiration of the session of Congress that begins after the expiration of the fixed term of office of the commissioner.

``(2) Any person chosen to fill a vacancy in the Commission-- ``(A) shall be appointed for the unexpired term of the commissioner that the person succeeds; ``(B) except as provided in subparagraph (C), may continue to serve after the expiration of the fixed term of office of the commissioner that the person succeeds until a successor is appointed and has been confirmed and taken the oath of office; and ``(C) may not continue to serve after the expiration of the session of Congress that begins after the expiration of the fixed term of office of the commissioner that the person succeeds.

``(3) No vacancy in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission.''.

The Commission may not modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments.

REGARDING NOTICES OF APPARENT LIABILITY.

The Commission shall include in any press release regarding the issuance of a notice of apparent liability under section 503(b)(4) of the Communications Act of 1934 (47 U.S.C. 503(b)(4)) a disclaimer informing consumers that-- (1) the issuance of a notice of apparent liability should be treated only as allegations; and (2) the amount of any forfeiture penalty proposed in a notice of apparent liability represents the maximum penalty that the Commission may impose for the violations alleged in the notice of apparent liability.

(a) Estimate of Upcoming Auctions.--Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended by adding at the end the following: ``(18) Estimate of upcoming auctions.-- ``(A) Not later than September 30, 2018, and annually thereafter, the Commission shall make publicly available an estimate of what systems of competitive bidding authorized under this subsection may be initiated during the upcoming 12-month period. ``(B) The estimate under subparagraph (A) shall, to the extent possible, identify the bands of frequencies the Commission expects to be included in each such system of competitive bidding.''.

(b) Auction Expenditure Justification Report.--Not later than April 1, 2019, and annually thereafter, the Commission shall provide to the appropriate committees of Congress a report containing a detailed justification for the use of proceeds retained by the Commission under section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)) for the costs of developing and implementing the program required by section 309(j) of that Act. (c) Definition.--For purposes of this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives.

This title may be cited as the ``Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless Act'' or the ``MOBILE NOW Act''.

In this title: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means--

(A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Commerce of the House of Representatives; and (C) each committee of the Senate or of the House of Representatives with jurisdiction over a Federal entity affected by the applicable section in which the term appears. (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Federal entity.--The term ``Federal entity'' has the meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)). (4) NTIA.--The term ``NTIA'' means the National Telecommunications and Information Administration of the Department of Commerce. (5) OMB.--The term ``OMB'' means the Office of Management and Budget. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce.

(a) Requirements.-- (1) In general.--Not later than December 31, 2022, the Secretary, working through the NTIA, and the Commission shall identify a total of at least 255 megahertz of Federal and non- Federal spectrum for mobile and fixed wireless broadband use. (2) Unlicensed and licensed use.--Of the spectrum identified under paragraph (1), not less than-- (A) 100 megahertz below the frequency of 8000 megahertz shall be identified for use on an unlicensed basis; (B) 100 megahertz below the frequency of 6000 megahertz shall be identified for use on an exclusive, licensed basis for commercial mobile use, pursuant to the Commission's authority to implement such licensing in a flexible manner, and subject to potential continued use of such spectrum by incumbent Federal entities in designated geographic areas indefinitely or for such length of time stipulated in transition plans approved by the Technical Panel under section 113(h) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(h)) for those incumbent entities to be relocated to alternate spectrum; and (C) 55 megahertz below the frequency of 8000 megahertz shall be identified for use on either a licensed or unlicensed basis, or a combination of licensed and unlicensed. (3) Non-eligible spectrum.--For purposes of satisfying the requirement under paragraph (1), the following spectrum shall not be counted: (A) The frequencies between 1695 and 1710 megahertz. (B) The frequencies between 1755 and 1780 megahertz. (C) The frequencies between 2155 and 2180 megahertz. (D) The frequencies between 3550 and 3700 megahertz.

(E) Spectrum that the Commission determines had more than de minimis mobile or fixed wireless broadband operations within the band on the day before the date of enactment of this Act. (4) Treatment of certain other spectrum.--Spectrum identified pursuant to this section may include eligible spectrum, if any, identified after the date of enactment of this Act pursuant to title X of the Bipartisan Budget Act of 2015 (Public Law 114-74). (5) Spectrum made available on and after february 11, 2016.--Any spectrum that has been made available for licensed or unlicensed use on and after February 11, 2016, and that otherwise satisfies the requirements of this section may be counted towards the requirements of this subsection. (6) Relocation prioritized over sharing.--This section shall be carried out in accordance with section 113(j) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(j)). (7) Considerations.--In identifying spectrum for use under this section, the Secretary, working through the NTIA, and Commission shall consider-- (A) the need to preserve critical existing and planned Federal Government capabilities; (B) the impact on existing State, local, and tribal government capabilities; (C) the international implications; (D) the need for appropriate enforcement mechanisms and authorities; and (E) the importance of the deployment of wireless broadband services in rural areas of the United States.

(b) Rules of Construction.--Nothing in this section shall be construed-- (1) to impair or otherwise affect the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals; (2) to require the disclosure of classified information, law enforcement sensitive information, or other information that must be protected in the interest of national security; or (3) to affect any requirement under section 156 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 note), as added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000, or any other relevant statutory requirement applicable to the reallocation of Federal spectrum.

(a) FCC Proceeding.--Not later than 2 years after the date of enactment of this Act, the Commission shall publish a notice of proposed rulemaking to consider service rules to authorize mobile or fixed terrestrial wireless operations, including for advanced mobile service operations, in the radio frequency band between 42000 and 42500 megahertz. (b) Considerations.--In conducting a rulemaking under subsection (a), the Commission shall-- (1) consider how the band described in subsection (a) may be used to provide commercial wireless broadband service, including whether--

(A) such spectrum may be best used for licensed or unlicensed services, or some combination thereof; and (B) to permit additional licensed operations in such band on a shared basis; and (2) include technical characteristics under which the band described in subsection (a) may be employed for mobile or fixed terrestrial wireless operations, including any appropriate coexistence requirements.

(c) Spectrum Made Available on and After February 11, 2016.--Any spectrum that has been made available for licensed or unlicensed use on or after February 11, 2016, and that otherwise satisfies the requirements of section 603 of this title may be counted towards the requirements of section 603(a) of this title.

(a) Between 3100 Megahertz and 3550 Megahertz.--Not later than 24 months after the date of enactment of this Act, and in consultation with the Commission and the head of each affected Federal agency (or a designee thereof), the Secretary, working through the NTIA, shall submit to the Commission and the appropriate committees of Congress a report evaluating the feasibility of allowing commercial wireless services, licensed or unlicensed, to share use of the frequencies between 3100 megahertz and 3550 megahertz. (b) Between 3700 Megahertz and 4200 Megahertz.--Not later than 18 months after the date of enactment of this Act, after notice and an opportunity for public comment, and in consultation with the Secretary, working through the NTIA, and the head of each affected Federal agency (or a designee thereof), the Commission shall submit to the Secretary and the appropriate committees of Congress a report evaluating the feasibility of allowing commercial wireless services, licensed or unlicensed, to use or share use of the frequencies between 3700 megahertz and 4200 megahertz. (c) Requirements.--A report under subsection (a) or (b) shall include the following: (1) An assessment of the operations of Federal entities that operate Federal Government stations authorized to use the frequencies described in that subsection. (2) An assessment of the possible impacts of such sharing on Federal and non-Federal users already operating on the frequencies described in that subsection. (3) The criteria that may be necessary to ensure shared licensed or unlicensed services would not cause harmful interference to Federal or non-Federal users already operating in the frequencies described in that subsection. (4) If such sharing is feasible, an identification of which of the frequencies described in that subsection are most suitable for sharing with commercial wireless services through the assignment of new licenses by competitive bidding, for sharing with unlicensed operations, or through a combination of licensing and unlicensed operations.

(d) Commission Action.--The Commission, in consultation with the NTIA, shall seek public comment on the reports required under subsections (a) and (b), including regarding the bands identified in such report as feasible pursuant to subsection (c)(4).

(a) In General.--Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) is amended by striking subsections (b), (c), and (d) and inserting the following: ``(b) Federal Easements, Rights-of-way, and Leases.-- ``(1) Grant.--If an executive agency, a State, a political subdivision or agency of a State, or a person, firm, or organization applies for the grant of an easement, right-of-way, or lease to, in, over, or on a building or other property owned by the Federal Government for the right to install, construct, modify, or maintain a communications facility installation, the executive agency having control of the building or other property may grant to the applicant, on behalf of the Federal Government, subject to paragraph (3), an easement, right-of-way, or lease to perform such installation, construction, modification, or maintenance. ``(2) Application.-- ``(A) In general.--The Administrator of General Services shall develop a common form for applications for easements, rights-of-way, and leases under paragraph (1) for all executive agencies that, except as provided in subparagraph (B), shall be used by all executive agencies and applicants with respect to the buildings or other property of each such agency. ``(B) Exception.--The requirement under subparagraph (A) for an executive agency to use the common form developed by the Administrator of General Services shall not apply to an executive agency if the head of an executive agency notifies the Administrator that the executive agency uses a substantially similar application. ``(3) Timely consideration of applications.-- ``(A) In general.--Not later than 270 days after the date on which an executive agency receives a duly filed application for an easement, right-of-way, or lease under this subsection, the executive agency shall-- ``(i) grant or deny, on behalf of the Federal Government, the application; and ``(ii) notify the applicant of the grant or denial. ``(B) Explanation of denial.--If an executive agency denies an application under subparagraph (A), the executive agency shall notify the applicant in writing, including a clear statement of the reasons for the denial. ``(C) Applicability of environmental laws.--Nothing in this paragraph shall be construed to relieve an executive agency of the requirements of division A of subtitle III of title 54, United States Code, or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(D) Point of contact.--Upon receiving an application under subparagraph (A), an executive agency shall designate one or more appropriate individuals within the executive agency to act as a point of contact with the applicant.

``(c) Master Contracts for Communications Facility Installation Sitings.-- ``(1) In general.--Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104-104; 110 Stat.

151) or any other provision of law, the Administrator of General Services shall-- ``(A) develop one or more master contracts that shall govern the placement of communications facility installations on buildings and other property owned by the Federal Government; and ``(B) in developing the master contract or contracts, standardize the treatment of the placement of communications facility installations on building rooftops or facades, the placement of communications facility installations on rooftops or inside buildings, the technology used in connection with communications facility installations placed on Federal buildings and other property, and any other key issues the Administrator of General Services considers appropriate. ``(2) Applicability.--The master contract or contracts developed by the Administrator of General Services under paragraph (1) shall apply to all publicly accessible buildings and other property owned by the Federal Government, unless the Administrator of General Services decides that issues with respect to the siting of a communications facility installation on a specific building or other property warrant nonstandard treatment of such building or other property. ``(3) Application.-- ``(A) In general.--The Administrator of General Services shall develop a common form or set of forms for communications facility installation siting applications that, except as provided in subparagraph (B), shall be used by all executive agencies and applicants with respect to the buildings and other property of each such agency. ``(B) Exception.--The requirement under subparagraph (A) for an executive agency to use the common form or set of forms developed by the Administrator of General Services shall not apply to an executive agency if the head of the executive agency notifies the Administrator that the executive agency uses a substantially similar application.

``(d) Definitions.--In this section: ``(1) Communications facility installation.--The term `communications facility installation' includes-- ``(A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and ``(B) any antenna or apparatus that-- ``(i) is designed for the purpose of emitting radio frequency; ``(ii) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission or is using duly authorized devices that do not require individual licenses; and ``(iii) is added to a tower, building, or other structure.

``(2) Executive agency.--The term `executive agency' has the meaning given such term in section 102 of title 40, United States Code.''.

(b) Savings Provision.--An application for an easement, right-of-way, or lease that was made or granted under section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) before the date of enactment of this Act shall continue, subject to that section as in effect on the day before such date of enactment.

(c) Streamlining Broadband Facility Applications.-- (1) Definition of communications facility installation.--In this subsection, the term ``communications facility installation'' has the meaning given the term in section 6409(d) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(d)), as amended by subsection (a). (2) Recommendations.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, the NTIA, in coordination with the Department of the Interior, the Department of Agriculture, the Department of Defense, the Department of Transportation, OMB, and the General Services Administration, shall develop recommendations to streamline the process for considering applications by those agencies under section 6409(b) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(b)), as amended by subsection (a). (B) Requirements for recommendations.--The recommendations developed under subparagraph (A) shall include-- (i) procedures for the tracking of applications described in subparagraph (A); (ii) methods by which to reduce the amount of time between the receipt of an application and the issuance of a final decision on an application; (iii) policies to expedite renewals of an easement, license, or other authorization to locate communications facility installations on land managed by the agencies described in subparagraph (A); and (iv) policies that would prioritize or streamline a permit for construction in a previously-disturbed right-of-way. (C) Report to congress.--Not later than 2 years after the date on which the recommendations required under subparagraph (A) are developed, the NTIA shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Oversight and Government Reform of the House of Representatives a report that describes-- (i) the status of the implementation of the recommendations developed under subparagraph (A); and (ii) any improvements to the process for considering applications described in subparagraph (A) that have resulted from those recommendations, including

in particular the speed at which such applications are reviewed and a final determination is issued.

(d) Additional Savings Provisions.-- (1) Real property authorities.--Nothing in this section, or the amendments made by this section, shall be construed as providing any executive agency with any new leasing or other real property authorities not existing prior to the date of enactment of this Act. (2) Effect on other laws.--Nothing in this section, or the amendments made by this section, and no actions taken pursuant to this section, or the amendments made by this section, shall impact a decision or determination by any executive agency to sell, dispose of, declare excess or surplus, lease, reuse, or redevelop any Federal real property pursuant to title 40, United States Code, the Federal Assets Sale and Transfer Act of 2016 (Public Law 114-287), or any other law governing real property activities of the Federal Government. No agreement entered into pursuant to this section, or the amendments made by this section, may obligate the Federal Government to hold, control, or otherwise retain or use real property that may otherwise be deemed as excess, surplus, or that could be otherwise sold, leased, or redeveloped.

(a) Definitions.--In this section: (1) Appropriate state agency.--The term ``appropriate State agency'' means a State governmental agency that is recognized by the executive branch of the State as having the experience necessary to evaluate and carry out projects relating to the proper and effective installation and operation of broadband infrastructure. (2) Broadband infrastructure.--The term ``broadband infrastructure'' means any buried, underground, or aerial facility, and any wireless or wireline connection, that enables users to send and receive voice, video, data, graphics, or any combination thereof. (3) Broadband infrastructure entity.--The term ``broadband infrastructure entity'' means any entity that-- (A) installs, owns, or operates broadband infrastructure; and (B) provides broadband services in a manner consistent with the public interest, convenience, and necessity, as determined by the State. (4) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; and (C) the Commonwealth of Puerto Rico.

(b) Broadband Infrastructure Deployment.--To facilitate the installation of broadband infrastructure, the Secretary of Transportation shall promulgate regulations to ensure that each State that receives funds under chapter 1 of title 23, United States Code, meets the following requirements: (1) Broadband consultation.--The State department of transportation, in consultation with appropriate State agencies, shall-- (A) identify a broadband utility coordinator, that may have additional responsibilities, whether in the State

department of transportation or in another State agency, that is responsible for facilitating the broadband infrastructure right-of-way efforts within the State; (B) establish a process for the registration of broadband infrastructure entities that seek to be included in those broadband infrastructure right-of-way facilitation efforts within the State; (C) establish a process to electronically notify broadband infrastructure entities identified under subparagraph (B) of the State transportation improvement program on an annual basis and provide additional notifications as necessary to achieve the goals of this section; and (D) coordinate initiatives carried out under this section with other statewide telecommunication and broadband plans and State and local transportation and land use plans, including strategies to minimize repeated excavations that involve the installation of broadband infrastructure in a right-of-way. (2) Priority.--If a State chooses to provide for the installation of broadband infrastructure in the right-of-way of an applicable Federal-aid highway project under this subsection, the State department of transportation shall carry out any appropriate measures to ensure that any existing broadband infrastructure entities are not disadvantaged, as compared to other broadband infrastructure entities, with respect to the program under this subsection.

(c) Effect of Section.--This section applies only to activities for which Federal obligations or expenditures are initially approved on or after the date regulations under subsection (b) become effective. Nothing in this section establishes a mandate or requirement that a State install or allow the installation of broadband infrastructure in a highway right-of-way. Nothing in this section authorizes the Secretary of Transportation to withhold or reserve funds or approval of a project under title 23, United States Code.

(a) In General.--Section 21 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note) is amended-- (1) in subsection (b), by adding at the end the following: ``(8) The ability of the Federal real property to support a communications facility installation.''; and (2) by adding at the end the following:

``(f) Definition of Communications Facility Installation.--In this section, the term `communications facility installation' means-- ``(1) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of any kind; and ``(2) any antenna or apparatus that-- ``(A) is designed for the purpose of emitting radio frequency; ``(B) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal

Communications Commission or is using duly authorized devices that do not require individual licenses; and ``(C) is added to a tower, building, or other structure.''.

(b) Public Comment.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Administrator of General Services shall issue a notice for public comment regarding the inclusion of a communications facility installation under section 21 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note), as amended by subsection (a) of this section. (2) Contents.--In seeking public comment under paragraph (1), the Administrator shall include a request for recommendations on-- (A) the criteria that make Federal real property capable of supporting communications facility installations; (B) the types of information related to the Federal real property that should be included in the database; and (C) other matters that the Administrator determines necessary.

(c) Provision of Information.-- (1) In general.--Not later than 90 days after the period for public comment under subsection (b)(1) ends, the Administrator of General Services shall notify the head of each Executive agency of the manner and format for submitting such information as the Administrator determines appropriate to the database established under section 21 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note), as amended by subsection (a) of this section. (2) Submission.--Not later than 90 days after the date of the notification under paragraph (1), the head of an Executive agency shall submit the information required under paragraph (1).

(d) State and Local Governments.-- (1) In general.--The Administrator of General Services, in consultation with the Chairman of the Commission, the Assistant Secretary of Commerce for Communications and Information, the Under Secretary of Commerce for Standards and Technology, and the Director of OMB, shall study-- (A) how to incentivize State and local governments to provide the Administrator with information, similar to the information required under subsection (c)(1), for inclusion in the database described in that subsection; and (B) the feasibility of establishing or operating a database to which State and local governments can voluntarily submit such information. (2) Report on incentivizing participation by state and local governments.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator of General Services, in consultation with the Chairman of the Commission, the Assistant Secretary of Commerce for Communications and Information, the Under Secretary of Commerce for Standards and Technology, and the Director of OMB, shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security

and Governmental Affairs of the Senate, and the Committee on Energy and Commerce, the Committee on Transportation and Infrastructure, and the Committee on Oversight and Government Reform of the House of Representatives a report on the findings of the study under paragraph (1), including recommendations, if any, consistent with this section. (B) Considerations.--The Administrator of General Services, in preparing the report under subparagraph (A), shall-- (i) consult with State and local governments, or their representatives, to identify for inclusion in the report the most cost-effective options for State and local governments to collect and provide the information described in paragraph (1), including utilizing and leveraging State broadband initiatives and programs; and (ii) make recommendations on ways the Federal Government can assist State and local governments in collecting and providing the information described in paragraph (1).

(e) Savings Provisions.-- (1) Real property authorities.--Nothing in this section, or an amendment made by this section, shall be construed as providing any Executive agency with any new leasing or other real property authority that did not exist prior to the date of enactment of this Act. (2) Effect on other laws.--Nothing in this section, or an amendment made by this section, and no information submitted pursuant to this section, or pursuant to an amendment made by this section, shall be used to prevent or otherwise restrict a decision or determination by any Executive agency to sell, dispose of, declare excess or surplus, lease, reuse or redevelop any Federal real property pursuant to-- (A) title 40 of the United States Code; (B) the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note); or (C) any other law governing real property activities of the Federal Government.

(a) In General.--Not later than 24 months after the date of enactment of this Act, the Assistant Secretary of Commerce for Communications and Information, in consultation with the Commission, the Director of OMB, and the head of each affected Federal agency (or a designee thereof), after notice and an opportunity for public comment, shall submit to the appropriate committees of Congress a report that includes legislative or regulatory recommendations to incentivize a Federal entity to relinquish, or share with Federal or non-Federal users, Federal spectrum for the purpose of allowing commercial wireless broadband services to operate on that Federal spectrum. (b) Post-Auction Payments.-- (1) Report.--In preparing the report under subsection (a), the Assistant Secretary of Commerce for Communications and Information shall--

(A) consider whether permitting eligible Federal entities that are implementing a transition plan submitted under section 113(h) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(h)) to accept payments could result in access to the eligible frequencies that are being reallocated for exclusive non-Federal use or shared use sooner than would otherwise occur without such payments; and (B) include the findings under subparagraph (A), including the analysis under paragraph (2) and any recommendations for legislation, in the report. (2) Analysis.--In considering payments under paragraph (1)(A), the Assistant Secretary of Commerce for Communications and Information shall conduct an analysis of whether and how such payments would affect-- (A) bidding in auctions conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) of such eligible frequencies; and (B) receipts collected from the auctions described in subparagraph (A). (3) Definitions.--In this subsection: (A) Payment.--The term ``payment'' means a payment in cash or in-kind by any auction winner, or any person affiliated with an auction winner, of eligible frequencies during the period after eligible frequencies have been reallocated by competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) but prior to the completion of relocation or sharing transition of such eligible frequencies per transition plans approved by the Technical Panel. (B) Eligible frequencies.--The term ``eligible frequencies'' has the meaning given the term in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)).

(a) In General.--Not later than 18 months after the date of enactment of this Act, including an opportunity for public comment, the Commission, in collaboration with the NTIA, shall-- (1) conduct a bidirectional sharing study to determine the best means of providing Federal entities flexible access to non- Federal spectrum on a shared basis across a range of short-, mid-, and long-range timeframes, including for intermittent purposes like emergency use; and (2) submit to Congress a report on the study under paragraph (1), including any recommendations for legislation or proposed regulations.

(b) Considerations.--In conducting the study under subsection (a), the Commission shall-- (1) consider the regulatory certainty that commercial spectrum users and Federal entities need to make longer-term investment decisions for shared access to be viable; and (2) evaluate any barriers to voluntary commercial arrangements in which non-Federal users could provide access to Federal entities.

(a) In General.--After public notice and comment, and in consultation with the Assistant Secretary of Commerce for Communications and Information and the head of each affected Federal agency (or a designee thereof), with respect to frequencies allocated for Federal use, the Commission shall adopt rules that permit unlicensed services where feasible to use any frequencies that are designated as guard bands to protect frequencies allocated after the date of enactment of this Act by competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), including spectrum that acts as a duplex gap between transmit and receive frequencies. (b) Limitation.--The Commission may not permit any use of a guard band under this section that would cause harmful interference to a licensed service or a Federal service. (c) Rule of Construction.--Nothing in this section shall be construed as limiting the Commission or the Assistant Secretary of Commerce for Communications and Information from otherwise making spectrum available for licensed or unlicensed use in any frequency band in addition to guard bands, including under section 603 of this title, consistent with their statutory jurisdictions.

Section 118(d)(3)(B)(i)(II) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(d)(3)(B)(i)(II)) is amended by striking ``5 years'' and inserting ``8 years''.

Section 118(e)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(e)(1)) is amended by adding at the end the following: ``(D) At the request of an eligible Federal entity, the Director of the Office of Management and Budget (in this subsection referred to as `OMB') may transfer the amount under subparagraph (A) immediately-- ``(i) after the frequencies are reallocated by competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)); or ``(ii) in the case of an incumbent Federal entity that is incurring relocation or sharing costs to accommodate sharing spectrum frequencies with another Federal entity, after the frequencies from which the other eligible Federal entity is relocating are reallocated by competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), without regard to the availability of such sums in the Fund. ``(E) Prior to the deposit of proceeds into the Fund from an auction, the Director of OMB may borrow from the Treasury the amount under subparagraph (A) for a transfer under subparagraph (D). The Treasury shall immediately be reimbursed, without interest, from funds deposited into the Fund.''.

Section 1008 of the Spectrum Pipeline Act of 2015 (Public Law 114- 74; 129 Stat. 584) is amended in the matter preceding

paragraph (1) by inserting ``, after notice and an opportunity for public comment,'' after ``the Commission''.

INCOME NEIGHBORHOODS.

(a) Study.-- (1) In general.--The Comptroller General of the United States shall conduct a study to evaluate the availability of broadband Internet access using unlicensed spectrum and wireless networks in low-income neighborhoods. (2) Requirements.--In conducting the study under paragraph (1), the Comptroller General shall consider and evaluate-- (A) the availability of wireless Internet hot spots and access to unlicensed spectrum in low-income neighborhoods, particularly for elementary and secondary school-aged children in such neighborhoods; (B) any barriers preventing or limiting the deployment and use of wireless networks in low-income neighborhoods; (C) how to overcome any barriers described in subparagraph (B), including through incentives, policies, or requirements that would increase the availability of unlicensed spectrum and related technologies in low-income neighborhoods; and (D) how to encourage home broadband adoption by households with elementary and secondary school-age children that are in low-income neighborhoods.

(b) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) summarizes the findings of the study conducted under subsection (a); and (2) makes recommendations with respect to potential incentives, policies, and requirements that could help achieve the goals described in subparagraphs (C) and (D) of subsection (a)(2).

DISAGGREGATING LICENSES.

(a) Definitions.--In this section: (1) Covered small carrier.--The term ``covered small carrier'' means a carrier (as defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153)) that-- (A) has not more than 1,500 employees (as determined under section 121.106 of title 13, Code of Federal Regulations, or any successor thereto); and (B) offers services using the facilities of the carrier. (2) Rural area.--The term ``rural area'' means any area other than-- (A) a city, town, or incorporated area that has a population of more than 20,000 inhabitants; or (B) an urbanized area contiguous and adjacent to a city or town that has a population of more than 50,000 inhabitants.

(b) Rulemaking.--

(1) In general.--Not later than 1 year after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to assess whether to establish a program, or modify existing programs, under which a licensee that receives a license for the exclusive use of spectrum in a specific geographic area under section 301 of the Communications Act of 1934 (47 U.S.C. 301) may partition or disaggregate the license by sale or long-term lease-- (A) in order to-- (i) provide services consistent with the license; and (ii) make unused spectrum available to-- (I) an unaffiliated covered small carrier; or (II) an unaffiliated carrier to serve a rural area; and (B) if the Commission finds that such a program would promote-- (i) the availability of advanced telecommunications services in rural areas; or (ii) spectrum availability for covered small carriers. (2) Considerations.--In conducting the rulemaking proceeding under paragraph (1), the Commission shall consider, with respect to the program proposed to be established under that paragraph-- (A) whether reduced performance requirements with respect to spectrum obtained through the program would facilitate deployment of advanced telecommunications services in the areas covered by the program; (B) what conditions may be needed on transfers of spectrum under the program to allow covered small carriers that obtain spectrum under the program to build out the spectrum in a reasonable period of time; (C) what incentives may be appropriate to encourage licensees to lease or sell spectrum, including-- (i) extending the term of a license granted under section 301 of the Communications Act of 1934 (47 U.S.C. 301); or (ii) modifying performance requirements of the license relating to the leased or sold spectrum; and (D) the administrative feasibility of-- (i) the incentives described in subparagraph (C); and (ii) other incentives considered by the Commission that further the goals of this section. (3) Forfeiture of spectrum.--If a party fails to meet any build out requirements set by the Commission for any spectrum sold or leased under this section, the right to the spectrum shall be forfeited to the Commission unless the Commission finds that there is good cause for the failure of the party. (4) Requirement.--The Commission may offer a licensee incentives or reduced performance requirements under this section only if the Commission finds that doing so would likely result in increased availability of advanced telecommunications services in a rural area.

(a) Statement of Policy.--It is the policy of the United States-- (1) to maximize the benefit to the people of the United States of the spectrum resources of the United States; (2) to advance innovation and investment in wireless broadband services; and (3) to promote spectrum policy that makes available on an unlicensed basis radio frequency bands to address consumer demand for unlicensed wireless broadband operations.

(b) Commission Responsibilities.--The Commission shall ensure that the efforts of the Commission related to spectrum allocation and assignment made available on an unlicensed basis radio frequency bands to address demand for unlicensed wireless broadband operations if doing so is, after taking into account the future needs of homeland security, national security, and other spectrum users-- (1) reasonable; and (2) in the public interest.

(c) Rule of Construction.--Nothing in this section confers any additional rights on unlicensed users or users licensed by rule under part 96 of title 47, Code of Federal Regulations, to protection from harmful interference.

(a) Definitions.--In this section: (1) Spectrum relocation fund.--The term ``Spectrum Relocation Fund'' means the Fund established under section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928). (2) Unlicensed or licensed by rule operations.--The term ``unlicensed or licensed by rule operations'' means the use of spectrum on a non-exclusive basis under-- (A) part 15 of title 47, Code of Federal Regulations; or (B) licensing by rule under part 96 of title 47, Code of Federal Regulations.

(b) National Plan.--Not later than 18 months after the date of enactment of this Act, the Commission, in consultation with the NTIA, shall develop a national plan for making additional radio frequency bands available for unlicensed or licensed by rule operations. (c) Requirements.--The plan developed under this section shall-- (1) identify an approach that ensures that consumers have access to additional spectrum to conduct unlicensed or licensed by rule operations in a range of radio frequencies to meet consumer demand; (2) recommend specific actions by the Commission and the NTIA to permit unlicensed or licensed by rule operations in additional radio frequency ranges that the Commission finds-- (A) are consistent with the statement of policy under section 617(a) of this title; (B) will-- (i) expand opportunities for unlicensed or licensed by rule operations in a spectrum band; or

(ii) otherwise improve spectrum utilization and intensity of use of bands where unlicensed or licensed by rule operations are already permitted; (C) will not cause harmful interference to Federal or non-Federal users of such bands; and (D) will not significantly impact homeland security or national security communications systems; and (3) examine additional ways, with respect to existing and planned databases or spectrum access systems designed to promote spectrum sharing and access to spectrum for unlicensed or licensed by rule operations-- (A) to improve accuracy and efficacy; (B) to reduce burdens on consumers, manufacturers, and service providers; and (C) to protect sensitive Government information.

(d) Spectrum Relocation Fund.--To be included as an appendix as part of the plan developed under this section, the NTIA, in consultation with the Director of the Office of Management and Budget, shall share with the Commission recommendations about how to reform the Spectrum Relocation Fund-- (1) to address costs incurred by Federal entities related to sharing radio frequency bands with radio technologies conducting unlicensed or licensed by rule operations; and (2) to ensure the Spectrum Relocation Fund has sufficient funds to cover-- (A) the costs described in paragraph (1); and (B) other expenditures allowed of the Spectrum Relocation Fund under section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928).

(e) Report Required.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report that describes the plan developed under this section, including any recommendations for legislative change. (2) Publication on commission website.--Not later than the date on which the Commission submits the report under paragraph (1), the Commission shall make the report publicly available on the website of the Commission.

(f) Rule of Construction.--Nothing in this section confers any additional rights on unlicensed users or users licensed by rule under part 96 of title 47, Code of Federal Regulations, to protection from harmful interference.

CHALLENGE PRIZE.

(a) Short Title.--This section may be cited as the ``Spectrum Challenge Prize Act''. (b) Definition of Prize Competition.--In this section, the term ``prize competition'' means a prize competition conducted by the Secretary under subsection (c)(1). (c) Spectrum Challenge Prize.-- (1) In general.--The Secretary, in consultation with the Assistant Secretary of Commerce for Communications and Information and the Under Secretary of Commerce for Standards and Technology, shall, subject to the availability of funds for prize competitions under this section--

(A) conduct prize competitions to dramatically accelerate the development and commercialization of technology that improves spectrum efficiency and is capable of cost-effective deployment; and (B) define a measurable set of performance goals for participants in the prize competitions to demonstrate their solutions on a level playing field while making a significant advancement over the current state of the art. (2) Authority of secretary.--In carrying out paragraph (1), the Secretary may-- (A) enter into a grant, contract, cooperative agreement, or other agreement with a private sector for- profit or nonprofit entity to administer the prize competitions; (B) invite the Defense Advanced Research Projects Agency, the Commission, the National Aeronautics and Space Administration, the National Science Foundation, or any other Federal agency to provide advice and assistance in the design or administration of the prize competitions; and (C) award not more than $5,000,000, in the aggregate, to the winner or winners of the prize competitions.

(d) Criteria.--Not later than 180 days after the date on which funds for prize competitions are made available pursuant to this section, the Commission shall publish a technical paper on spectrum efficiency providing criteria that may be used for the design of the prize competitions. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

<<NOTE: Wireless Telecommunications Tax and Fee Collection Fairness Act. 47 USC 1510.>> WIRELESS TELECOMMUNICATIONS TAX AND FEE COLLECTION FAIRNESS.

(a) Short Title.--This section may be cited as the ``Wireless Telecommunications Tax and Fee Collection Fairness Act''. (b) Definitions.--In this section: (1) Financial transaction.--The term ``financial transaction'' means a transaction in which the purchaser or user of a wireless telecommunications service upon whom a tax, fee, or surcharge is imposed gives cash, credit, or any other exchange of monetary value or consideration to the person who is required to collect or remit the tax, fee, or surcharge. (2) Local jurisdiction.--The term ``local jurisdiction'' means a political subdivision of a State. (3) State.--The term ``State'' means any of the several States, the District of Columbia, and any territory or possession of the United States. (4) State or local jurisdiction.--The term ``State or local jurisdiction'' includes any governmental entity or person acting on behalf of a State or local jurisdiction that has the authority to assess, impose, levy, or collect taxes or fees. (5) Wireless telecommunications service.--The term ``wireless telecommunications service'' means a commercial mobile radio service, as defined in section 20.3 of title 47, Code of Federal Regulations, or any successor thereto.

(c) Financial Transaction Requirement.-- (1) In general.--A State, or a local jurisdiction of a State, may not require a person who is neither a resident of such

State or local jurisdiction nor an entity having its principal place of business in such State or local jurisdiction to collect from, or remit on behalf of, any other person a State or local tax, fee, or surcharge imposed on a purchaser or user with respect to the purchase or use of any wireless telecommunications service within the State unless the collection or remittance is in connection with a financial transaction. (2) Rule of construction.--Nothing in this subsection shall be construed to affect the right of a State or local jurisdiction to require the collection of any tax, fee, or surcharge in connection with a financial transaction.

(d) Enforcement.-- (1) Private right of action.--Any person aggrieved by a violation of subsection (c) may bring a civil action in an appropriate district court of the United States for equitable relief in accordance with paragraph (2) of this subsection. (2) Jurisdiction of district courts.--Notwithstanding section 1341 of title 28, United States Code, or the constitution or laws of any State, the district courts of the United States shall have jurisdiction, without regard to the amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunctive relief, interim equitable relief, and declaratory judgments as may be necessary to prevent, restrain, or terminate any acts in violation of subsection (c).

(a) Ranges of Frequencies.--Each range of frequencies described in this title shall be construed to be inclusive of the upper and lower frequencies in the range. (b) Assessment of Electromagnetic Spectrum Reallocation.--Nothing in this title shall be construed to affect any requirement under section 156 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 note), as added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000.

RELIEF AND JOB CREATION ACT OF 2012.

Nothing in this title shall be construed to limit, restrict, or circumvent in any way the implementation of the nationwide public safety broadband network defined in section 6001 of title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401) or any rules implementing that network under title VI of that Act (47 U.S.C. 1401 et seq.).

No additional funds are authorized to be appropriated to carry out this title, or the amendments made by this title. This title, and the amendments made by this title, shall be carried out using amounts otherwise authorized.

DIVISION Q--KEVIN <<NOTE: Kevin and Avonte's Law of 2018. 34 USC 10101 note.>> AND AVONTE'S LAW

This division may be cited as the ``Kevin and Avonte's Law of 2018''.

This title may be cited as the ``Missing Americans Alert Program Act of 2018''.

ALERT PROGRAM.

(a) Amendments.--Section 240001 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12621) is amended-- (1) in the section header, by striking ``alzheimer's disease patient'' and inserting ``americans''; (2) by striking subsection (a) and inserting the following:

``(a) Grant Program To Reduce Injury and Death of Missing Americans With Dementia and Developmental Disabilities.--Subject to the availability of appropriations to carry out this section, the Attorney General, through the Bureau of Justice Assistance and in consultation with the Secretary of Health and Human Services-- ``(1) shall award competitive grants to health care agencies, State and local law enforcement agencies, or public safety agencies and nonprofit organizations to assist such entities in planning, designing, establishing, or operating locally based, proactive programs to prevent wandering and locate missing individuals with forms of dementia, such as Alzheimer's Disease, or developmental disabilities, such as autism, who, due to their condition, wander from safe environments, including programs that-- ``(A) provide prevention and response information, including online training resources, and referrals to families or guardians of such individuals who, due to their condition, wander from a safe environment; ``(B) provide education and training, including online training resources, to first responders, school personnel, clinicians, and the public in order to-- ``(i) increase the safety and reduce the incidence of wandering of persons, who, due to their dementia or developmental disabilities, may wander from safe environments; ``(ii) facilitate the rescue and recovery of individuals who, due to their dementia or developmental disabilities, wander from safe environments; and ``(iii) recognize and respond to and appropriately interact with endangered missing individuals with dementia or developmental disabilities who, due to their condition, wander from safe environments; ``(C) provide prevention and response training and emergency protocols for school administrators, staff, and families or guardians of individuals with dementia, such as Alzheimer's Disease, or developmental disabilities, such as autism, to help reduce the risk of wandering by such individuals; and

``(D) develop, operate, or enhance a notification or communications systems for alerts, advisories, or dissemination of other information for the recovery of missing individuals with forms of dementia, such as Alzheimer's Disease, or with developmental disabilities, such as autism; and ``(2) shall award grants to health care agencies, State and local law enforcement agencies, or public safety agencies to assist such agencies in designing, establishing, and operating locative tracking technology programs for individuals with forms of dementia, such as Alzheimer's Disease, or children with developmental disabilities, such as autism, who have wandered from safe environments.''; (3) in subsection (b)-- (A) by inserting ``competitive'' after ``to receive a''; (B) by inserting ``agency or'' before ``organization'' each place it appears; and (C) by adding at the end the following: ``The Attorney General shall periodically solicit applications for grants under this section by publishing a request for applications in the Federal Register and by posting such a request on the website of the Department of Justice.''; and (4) by striking subsections (c) and (d) and inserting the following:

``(c) Preference.--In awarding grants under subsection (a)(1), the Attorney General shall give preference to law enforcement or public safety agencies that partner with nonprofit organizations that appropriately use person-centered plans minimizing restrictive interventions and that have a direct link to individuals, and families of individuals, with forms of dementia, such as Alzheimer's Disease, or developmental disabilities, such as autism. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2018 through 2022. ``(e) Grant Accountability.--All grants awarded by the Attorney General under this section shall be subject to the following accountability provisions: ``(1) Audit requirement.-- ``(A) Definition.--In this paragraph, the term `unresolved audit finding' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued. ``(B) Audits.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. ``(C) Mandatory exclusion.--A recipient of grant funds under this section that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this section during the first 2 fiscal years beginning

after the end of the 12-month period described in subparagraph (A). ``(D) Priority.--In awarding grants under this section, the Attorney General shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this section. ``(E) Reimbursement.--If an entity is awarded grant funds under this section during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall-- ``(i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and ``(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. ``(2) Nonprofit organization requirements.-- ``(A) Definition of nonprofit organization.--For purposes of this paragraph and the grant programs under this section, the term `nonprofit organization' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. ``(B) Prohibition.--The Attorney General may not award a grant under this section to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. ``(C) Disclosure.--Each nonprofit organization that is awarded a grant under this section and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subparagraph available for public inspection. ``(3) Conference expenditures.-- ``(A) Limitation.--No amounts made available to the Department of Justice under this section may be used by the Attorney General, or by any individual or entity awarded discretionary funds through a cooperative agreement under this section, to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the Department of Justice, unless the head of the relevant agency or department, provides prior written authorization that the funds may be expended to host the conference. ``(B) Written approval.--Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost

of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment. ``(C) Report.--The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all conference expenditures approved under this paragraph. ``(4) Annual certification.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification-- ``(A) indicating whether-- ``(i) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director; ``(ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and ``(iii) all reimbursements required under paragraph (1)(E) have been made; and ``(B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year.

``(f) Preventing Duplicative Grants.-- ``(1) In general.--Before the Attorney General awards a grant to an applicant under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. ``(2) Report.--If the Attorney General awards grants to the same applicant for a similar purpose the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes-- ``(A) a list of all such grants awarded, including the total dollar amount of any such grants awarded; and ``(B) the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose.''.

(b) Annual Report.--Not later than 2 years after the date of enactment of this Act and every year thereafter, the Attorney General shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives a report on the Missing Americans Alert Program, as amended by subsection (a), which shall address-- (1) the number of individuals who benefitted from the Missing Americans Alert Program, including information such as the number of individuals with reduced unsafe wandering, the number of people who were trained through the program, and the estimated number of people who were impacted by the program; (2) the number of State, local, and tribal law enforcement or public safety agencies that applied for funding under the Missing Americans Alert Program;

(3) the number of State, local, and tribal local law enforcement or public safety agencies that received funding under the Missing Americans Alert Program, including-- (A) the number of State, local, and tribal law enforcement or public safety agencies that used such funding for training; and (B) the number of State, local, and tribal law enforcement or public safety agencies that used such funding for designing, establishing, or operating locative tracking technology; (4) the companies, including the location (city and State) of the headquarters and local offices of each company, for which their locative tracking technology was used by State, local, and tribal law enforcement or public safety agencies; (5) the nonprofit organizations, including the location (city and State) of the headquarters and local offices of each organization, that State, local, and tribal law enforcement or public safety agencies partnered with and the result of each partnership; (6) the number of missing children with autism or another developmental disability with wandering tendencies or adults with Alzheimer's being served by the program who went missing and the result of the search for each such individual; and (7) any recommendations for improving the Missing Americans Alert Program.

(c) Table of Contents.--The table of contents in section 2 of the Violent Crime Control and Law Enforcement Act of 1994 is amended by striking the item relating to section 240001 and inserting the following:

``Sec. 240001. Missing Americans Alert Program.''.

CHILDREN.

Section 404(b)(1)(H) of the Missing Children's Assistance Act (34 U.S.C. 11293(b)(1)(H)) is amended by inserting ``, including cases involving children with developmental disabilities such as autism'' before the semicolon.

In this title: (1) Child.--The term ``child'' means an individual who is less than 18 years of age. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).

(3) Law enforcement agency.--The term ``law enforcement agency'' means an agency of a State, unit of local government, or Indian tribe that is authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (4) Non-invasive and non-permanent.--The term ``non-invasive and non-permanent'' means, with regard to any technology or device, that the procedure to install the technology or device does not create an external or internal marker or implant a device, such as a microchip, or other trackable items. (5) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. (6) Unit of local government.--The term ``unit of local government'' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level.

OF NON-INVASIVE AND NON-PERMANENT TRACKING DEVICES.

(a) Establishment.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Health and Human Services and leading research, advocacy, self-advocacy, and service organizations, shall establish standards and best practices relating to the use of non-invasive and non-permanent tracking technology, where a guardian or parent has determined that a non-invasive and non- permanent tracking device is the least restrictive alternative, to locate individuals as described in subsection (a)(2) of section 240001 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12621), as added by this Act. (2) Requirements.--In establishing the standards and best practices required under paragraph (1), the Attorney General shall-- (A) determine-- (i) the criteria used to determine which individuals would benefit from the use of a tracking device; (ii) the criteria used to determine who should have direct access to the tracking system; and (iii) which non-invasive and non-permanent types of tracking devices can be used in compliance with the standards and best practices; and (B) establish standards and best practices the Attorney General determines are necessary to the administration of a tracking system, including procedures to-- (i) safeguard the privacy of the data used by the tracking device such that-- (I) access to the data is restricted to law enforcement and health agencies determined necessary by the Attorney General; and (II) collection, use, and retention of the data is solely for the purpose of preventing injury to or death of the individual wearing the tracking device;

(ii) establish criteria to determine whether use of the tracking device is the least restrictive alternative in order to prevent risk of injury or death before issuing the tracking device, including the previous consideration of less restrictive alternatives; (iii) provide training for law enforcement agencies to recognize signs of abuse during interactions with applicants for tracking devices; (iv) protect the civil rights and liberties of the individuals who use tracking devices, including their rights under the Fourth Amendment to the Constitution of the United States and title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); (v) establish a complaint and investigation process to address-- (I) incidents of noncompliance by recipients of grants under subsection (a)(2) of section 240001 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12621), as added by this Act, with the best practices established by the Attorney General or other applicable law; and (II) use of a tracking device over the objection of an individual; and (vi) determine the role that State agencies should have in the administration of a tracking system. (3) Effective date.--The standards and best practices established pursuant to paragraph (1) shall take effect 90 days after publication of such standards and practices by the Attorney General.

(b) Required Compliance.-- (1) In general.--Each entity that receives a grant under subsection (a)(2) of section 240001 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12621), as added by this Act, shall comply with any standards and best practices relating to the use of tracking devices established by the Attorney General in accordance with subsection (a). (2) Determination of compliance.--The Attorney General, in consultation with the Secretary of Health and Human Services, shall determine whether an entity that receives a grant under subsection (a)(2) of section 240001 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12621), as added by this Act, acts in compliance with the standards and best practices described in paragraph (1).

(c) Applicability of Standards and Best Practices.--The standards and best practices established by the Attorney General under subsection (a) shall apply only to the grant programs authorized under subsection (a)(2) of section 240001 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12621), as added by this Act. (d) Limitations on Program.-- (1) Data storage.--Any tracking data provided by tracking devices issued under this program may not be used by a Federal entity to create a database. (2) Voluntary participation.--Nothing in this Act may be construed to require that a parent or guardian use a tracking device to monitor the location of a child or adult under that parent or guardian's supervision if the parent or guardian

does not believe that the use of such device is necessary or in the interest of the child or adult under supervision.

DIVISION R--TARGET <<NOTE: Targeted Rewards for the Global Eradication of Human Trafficking. 22 USC 2651 note. 22 USC 2708 note.>> ACT

This division may be cited as the ``Targeted Rewards for the Global Eradication of Human Trafficking'' or the ``TARGET Act''.

FINDINGS; SENSE OF CONGRESS.

(a) Findings.--Congress finds the following: (1) Trafficking in persons is a major transnational crime, as recognized by the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.; division A of Public Law 106-386). (2) Trafficking in persons is increasingly perpetrated by organized, sophisticated criminal enterprises. (3) Combating trafficking in persons requires a global approach to identifying and apprehending the world's worst human trafficking rings.

(b) Sense of Congress.--It is the sense of Congress that the Department of State's rewards program is a powerful tool in combating sophisticated international crime and that the Department of State and Federal law enforcement should work in concert to offer rewards that target human traffickers who prey on the most vulnerable people around the world.

Section 36(k)(5) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(k)(5)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``means''; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses, as redesignated, 2 ems to the right; (3) by inserting before clause (i), as redesignated, the following: ``(A) means--''; (4) in clause (ii), as redesignated, by striking the period at the end and inserting ``; and''; and (5) by adding at the end following: ``(B) includes severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) involving at least 1 jurisdiction outside of the United States.''.

DIVISION S--OTHER MATTER

HISTORY REVIEW PROGRAM.

(a) In General.--The National Child Protection Act of 1993 (34 U.S.C. 40101 et seq.) is amended-- (1) in section 3 (34 U.S.C. 40102)--

(A) by striking ``provider'' each place it appears and inserting ``covered individual''; (B) by striking ``provider's'' each place it appears and inserting ``covered individual's''; (C) by amending subsection (a)(3) to read as follows:

``(3)(A) The Attorney General shall establish a program, in accordance with this section, to provide qualified entities located in States that do not have in effect procedures described in paragraph (1), or qualified entities located in States that do not prohibit the use of the program established under this paragraph, with access to national criminal history background checks on, and criminal history reviews of, covered individuals. In any case where the use of a Federal national criminal history background check program is required pursuant to Federal law as of the effective date of this subparagraph, the program under this subparagraph may not be used. ``(B) A qualified entity described in subparagraph (A) may submit to the appropriate designated entity a request for a national criminal history background check on, and a criminal history review of, a covered individual. Qualified entities making a request under this paragraph shall comply with the guidelines set forth in subsection (b), and with any additional applicable procedures set forth by the Attorney General or by the State in which the entity is located.''; (D) in subsection (b)-- (i) in paragraph (1)(E), by striking ``unsupervised''; (ii) by amending paragraph (2) to read as follows: ``(2) that the State, or in a State that does not have in effect procedures described in subsection (a)(1), the designated entity, ensures that-- ``(A) each covered individual who is the subject of a background check under subsection (a) is entitled to obtain a copy of any background check report; ``(B) each covered individual who is the subject of a background check under subsection (a) is provided a process by which the covered individual may appeal the results of the background check to challenge the accuracy or completeness of the information contained in the background report of the covered individual and obtain a prompt determination as to the validity of such challenge before a final determination is made by the authorized agency; ``(C)(i) each covered individual described in subparagraph (B) is given notice of the opportunity to appeal; ``(ii) each covered individual described in subparagraph (B) will receive instructions on how to complete the appeals process if the covered individual wishes to challenge the accuracy or completeness of the information contained in the background report of the covered individual; and ``(iii) the appeals process is completed in a timely manner for each covered individual described in subparagraph (B); ``(iv) the appeals process is consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); and ``(D) an authorized agency, upon receipt of a background check report lacking disposition data, shall conduct

research in whatever State and local recordkeeping systems are available in order to obtain complete data;''; (iii) in paragraph (3), by inserting ``or designated entity, as applicable,'' after ``authorized agency''; and (iv) in paragraph (4), by inserting ``or designated entity, as applicable,'' after ``authorized agency''; (E) in subsection (d), by inserting ``, nor shall any designated entity nor any officer or employee thereof,'' after ``officer or employee thereof,''; (F) by amending subsection (e) to read as follows:

``(e) Fees.-- ``(1) State program.--In the case of a background check conducted pursuant to a State requirement adopted after December 20, 1993, conducted with fingerprints on a covered individual, the fees collected by authorized State agencies and the Federal Bureau of Investigation may not exceed the actual cost of the background check conducted with fingerprints. ``(2) Federal program.--In the case of a national criminal history background check and criminal history review conducted pursuant to the procedures established pursuant to subsection (a)(3), the fees collected by a designated entity shall be set at a level that will ensure the recovery of the full costs of providing all such services. The designated entity shall remit the appropriate portion of such fee to the Attorney General, which amount is in accordance with the amount published in the Federal Register to be collected for the provision of a criminal history background check by the Federal Bureau of Investigation. ``(3) Ensuring fees do not discourage volunteers.--A fee system under this subsection shall be established in a manner that ensures that fees to qualified entities for background checks do not discourage volunteers from participating in programs to care for children, the elderly, or individuals with disabilities. A fee charged to a qualified entity that is not organized under section 501(c)(3) of the Internal Revenue Code of 1986 may not be less than the total sum of the costs of the Federal Bureau of Investigation and the designated entity.''; and (G) by inserting after subsection (e) the following:

``(f) National Criminal History Background Check and Criminal History Review Program.-- ``(1) National criminal history background check.--Upon a designated entity receiving notice of a request submitted by a qualified entity pursuant to subsection (a)(3), the designated entity shall forward the request to the Attorney General, who shall, acting through the Director of the Federal Bureau of Investigation, complete a fingerprint-based check of the national criminal history background check system, and provide the information received in response to such national criminal history background check to the appropriate designated entity. The designated entity may, upon request from a qualified entity, complete a check of a State criminal history database. ``(2) Criminal history review.-- ``(A) Designated entities.--The Attorney General shall designate, and enter into an agreement with, one or more entities to make determinations described in

subparagraph (B). The Attorney General may not designate and enter into an agreement with a Federal agency under this subparagraph. ``(B) Determinations.--A designated entity shall, upon the receipt of the information described in paragraph (1), make a determination of fitness described in subsection (b)(4), using the criteria described in subparagraph (C). ``(C) Criminal history review criteria.--The Attorney General shall, by rule, establish the criteria for use by designated entities in making a determination of fitness described in subsection (b)(4). Such criteria shall be based on the criteria established pursuant to section 108(a)(3)(G)(i) of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (34 U.S.C. 40102 note) and section 658H of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858f).''; and (2) in section 5 (34 U.S.C. 40104)-- (A) by amending paragraph (9) to read as follows: ``(9) the term `covered individual' means an individual-- ``(A) who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities, served by a qualified entity; and ``(B) who-- ``(i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a qualified entity; or ``(ii) owns or operates, or seeks to own or operate, a qualified entity;''; (B) in paragraph (10), by striking ``and'' at the end; (C) in paragraph (11), by striking the period at the end and inserting ``; and''; and (D) by inserting after paragraph (11) the following: ``(12) the term `designated entity' means an entity designated by the Attorney General under section 3(f)(2)(A).''.

(b) Implementation.--The Attorney General shall ensure that this section and the amendments made by this section are fully implemented not later than 1 year after the date of enactment of this section.

LEAGUE BASEBALL PLAYERS.

(a) In General.--Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended-- (1) in paragraph (18), by striking the period and inserting ``; or''; and (2) by adding at the end the following: ``(19) any employee employed to play baseball who is compensated pursuant to a contract that provides for a weekly salary for services performed during the league's championship season (but not spring training or the off season) at a rate that is not less than a weekly salary equal to the minimum wage under section 6(a) for a workweek of 40 hours, irrespective

of the number of hours the employee devotes to baseball related activities.''.

(b) Effective Date.--This section, and the amendments made by this section, shall take effect on the date of enactment of this Act.

This title may be cited as the ``Keep Young Athletes Safe Act of 2018''.

(a) In General.--Chapter 2205 of title 36, United States Code, is amended by adding at the end the following:

``SUBCHAPTER III--GRANT TO KEEP YOUNG ATHLETES SAFE

``Sec. 220531. Grant to protect young athletes from abuse

``(a) Authority.--The Attorney General may award a grant to an eligible nonprofit nongovernmental entity in order to support oversight of the United States Olympic Committee, each national governing body, and each paralympic sports organization with regard to safeguarding amateur athletes against abuse, including emotional, physical, and sexual abuse in sports. ``(b) Applications.--To be eligible to receive a grant under this section, a nonprofit nongovernmental entity shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require, including information that demonstrates that the entity has-- ``(1) nationally recognized expertise in preventing and investigating emotional, physical, and sexual abuse in the athletic programs of the United States Olympic Committee, each national governing body, and each paralympic sports organization; and ``(2) the capacity to oversee regular and random audits to ensure that the policies and procedures used by the United States Olympic Committee, each national governing body, and each paralympic sports organization to prevent and identify the abuse of an amateur athlete are followed correctly.

``(c) Use of Grant Amount.--An entity that receives a grant under this section may use such funds-- ``(1) to develop and test new training materials for emotional, physical, and sexual abuse prevention and identification education in youth athletic programs; ``(2) for staff salaries, travel expenses, equipment, printing, and other reasonable expenses necessary to develop, maintain, and disseminate to the United States Olympic Committee, each national governing body, each paralympic sports organization, and other amateur sports organizations information about safeguarding amateur athletes against abuse, including emotional, physical, and sexual abuse in sports; and

``(3) to oversee the administration of the procedures described in subsection (b)(2).

``(d) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $2,500,000 for each of the fiscal years 2018 through 2022. ``(2) Availability of grant funds.--Funds appropriated under this section shall remain available until expended.''.

(b) Clerical Amendment.--The table of sections for chapter 2205 of title 36, United States Code, is amended by inserting after the item related to section 220529 the following:

``subchapter iii--grant to keep young athletes safe

``220531. Grant to protect young athletes from abuse.''.

STATE OF ARIZONA.

Congress consents to the amendments to the Constitution of the State of Arizona proposed by House Concurrent Resolution 2001 of the 52nd Legislature of the State of Arizona, First Special Session, 2015, entitled ``A Concurrent Resolution Proposing an Amendment to the Constitution of Arizona; Amending Article X, Section 7, Constitution of Arizona; Amending Article XI, Constitution of Arizona, by Adding Section 11; Relating to Education Finance'', approved by the voters of the State of Arizona at the special election held on May 17, 2016.

This title may be cited as the ``Student, Teachers, and Officers Preventing School Violence Act of 2018'' or the ``STOP School Violence Act of 2018''.

Part AA of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10551 et seq.) is amended-- (1) in section 2701 (34 U.S.C. 10551)-- (A) by striking subsection (a) and inserting the following:

``(a) In General.-- ``(1) COPS grants.--The Director of the Office of Community Oriented Policing Services (referred to in this part as the `COPS Director') is authorized to make grants to States, units of local government, and Indian tribes for the purposes described in paragraphs (5) through (9) of subsection (b). ``(2) BJA grants.--The Director of the Bureau of Justice Assistance (referred to in this part as the `BJA Director') is authorized to make grants to States, units of local government, and Indian tribes for the purposes described in paragraphs (1) through (4) of subsection (b).'';

(B) in subsection (b)-- (i) in the matter preceding paragraph (1), by inserting ``evidence-based school safety programs that may include'' after ``through''; and (ii) by striking paragraphs (1) through (6) and inserting the following: ``(1) Training school personnel and students to prevent student violence against others and self. ``(2) The development and operation of anonymous reporting systems for threats of school violence, including mobile telephone applications, hotlines, and Internet websites. ``(3) The development and operation of-- ``(A) school threat assessment and intervention teams that may include coordination with law enforcement agencies and school personnel; and ``(B) specialized training for school officials in responding to mental health crises. ``(4) Any other measure that, in the determination of the BJA Director, may provide a significant improvement in training, threat assessments and reporting, and violence prevention. ``(5) Coordination with local law enforcement. ``(6) Training for local law enforcement officers to prevent student violence against others and self. ``(7) Placement and use of metal detectors, locks, lighting, and other deterrent measures. ``(8) Acquisition and installation of technology for expedited notification of local law enforcement during an emergency. ``(9) Any other measure that, in the determination of the COPS Director, may provide a significant improvement in security.''; (C) by redesignating subsections (c) through (f) as subsections (e) through (h), respectively; (D) by inserting after subsection (b) the following:

``(c) Contracts and Subawards.--A State, unit of local government, or Indian tribe may, in using a grant under this part for purposes authorized under subsection (b), use the grant to contract with or make 1 or more subawards to 1 or more-- ``(1) local educational agencies; ``(2) nonprofit organizations, excluding schools; or ``(3) units of local government or tribal organizations.

``(d) Services and Benefits for Schools.--An entity that receives a subaward or contract under subsection (c) may use such funds to provide services or benefits described under subsection (b) to 1 or more schools.''; (E) in subsection (e), as so redesignated-- (i) by striking ``Director'' and inserting ``COPS Director and the BJA Director''; (ii) by striking ``and has'' and inserting ``has''; and (iii) by inserting before the period at the end the following: ``, and will use evidence-based strategies and programs, such as those identified by the Comprehensive School Safety Initiative of the Department of Justice''; (F) in subsection (f), as so redesignated-- (i) in paragraph (1), by striking ``50 percent'' and inserting ``75 percent''; and

(ii) in paragraph (3), by striking ``Director may'' and inserting ``COPS Director and the BJA Director may each''; (G) in subsection (g), as so redesignated, by striking ``Director shall'' and inserting ``COPS Director and the BJA shall each''; and (H) in subsection (h), as so redesignated, by striking ``Director may'' and inserting ``COPS Director and the BJA Director may each''; (2) in section 2702 (34 U.S.C. 10552)-- (A) in subsection (a)-- (i) in the matter preceding paragraph (1)-- (I) by striking ``the Director'' the first place it appears and inserting ``the COPS Director or the BJA Director, as the case may be,''; and (II) by striking ``the Director may'' and inserting ``the COPS Director or the BJA Director may''; (ii) in paragraph (1)(B), by striking ``and'' at the end; (iii) in paragraph (2)-- (I) in the matter preceding subparagraph (A), by striking ``child psychologists'' and inserting ``licensed mental health professionals''; and (II) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: ``(3) include an assurance that the applicant shall maintain and report such data, records, and information (programmatic and financial) as the COPS Director or the BJA Director may reasonably require; ``(4) include a certification, made in a form acceptable to the COPS Director or the BJA Director, as the case may be, that-- ``(A) the programs to be funded by the grant meet all the requirements of this part; ``(B) all the information contained in the application is correct; and ``(C) the applicant will comply with all provisions of this part and all other applicable Federal laws.''; and (B) in subsection (b)-- (i) by striking ``this part'' and inserting ``the STOP School Violence Act of 2018''; and (ii) by striking ``Director shall'' and inserting ``COPS Director and the BJA Director shall each''; (3) in section 2703 (34 U.S.C. 10553)-- (A) in the section heading, by inserting after ``<SUP>congress</SUP>'' the following: ``; <SUP>grant</SUP> accountability</SUP>''; (B) by striking ``Not later'' and inserting the following:

``(a) Annual Report.--Not later''; (C) by striking ``Director shall'' and inserting ``COPS Director and the BJA Director shall each''; and (D) by adding at the end the following:

``(b) Grant Accountability.--Section 3026 (relating to grant accountability) shall apply to grants awarded by the COPS Director and the BJA Director under this part. For purposes of the preceding sentence, any references in section 3026 to the Attorney General

shall be considered references to the COPS Director or the BJA Director, as appropriate, and any references in that section to part LL shall be considered references to part AA.''; (4) in section 2704 (34 U.S.C. 10554)-- (A) in paragraph (1)-- (i) by striking ``a public'' and inserting ``an''; and (ii) by inserting ``, including a Bureau- funded school (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021))'' after ``secondary school''; (B) in paragraph (2), by striking ``and'' at the end; (C) in paragraph (3), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(4) the term `evidence-based' means a program, practice, technology, or equipment that-- ``(A) demonstrates a statistically significant effect on relevant outcomes based on-- ``(i) strong evidence from not less than 1 well-designed and well-implemented experimental study; ``(ii) moderate evidence from not less than 1 well-designed and well-implemented quasi- experimental study; or ``(iii) promising evidence from not less than 1 well-designed and well-implemented correlational study with statistical controls for selection bias; ``(B) demonstrates a rationale based on high-quality research findings or positive evaluation that such program, practice, technology, or equipment is likely to improve relevant outcomes, and includes ongoing efforts to examine the effects of the program, practice, technology, or equipment; or ``(C) in the case of technology or equipment, demonstrates that use of the technology or equipment is-- ``(i) consistent with best practices for school security, including-- ``(I) applicable standards for school security established by a Federal or State government agency; and ``(II) findings and recommendations of public commissions and task forces established to make recommendations or set standards for school security; and ``(ii) compliant with all applicable codes, including building and life safety codes; and ``(5) the term `tribal organization' has the same meaning given the term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(l)).''; (5) by striking section 2705 and inserting the following:

``SEC. 2705. AUTHORIZATION OF APPROPRIATIONS.

``(a) In General.--There are authorized to be appropriated-- ``(1) $75,000,000 for fiscal year 2018, of which-- ``(A) $50,000,000 shall be made available to the BJA Director to carry out this part; and ``(B) $25,000,000 shall be made available to the COPS Director to carry out this part; and

``(2) $100,000,000 for each of fiscal years 2019 through 2028, of which, for each fiscal year-- ``(A) $67,000,000 shall be made available to the BJA Director to carry out this part; and ``(B) $33,000,000 shall be made available to the COPS Director to carry out this part.

``(b) Offset.--Any funds appropriated for the Comprehensive School Safety Initiative of the National Institute of Justice in fiscal year 2018 shall instead be used for the purposes in subsection (a).''; and (6) by adding at the end the following:

``SEC. 2706. RULES OF CONSTRUCTION.

``(a) No Funds To Provide Firearms or Training.--No amounts provided as a grant under this part may be used for the provision to any person of a firearm or training in the use of a firearm. ``(b) No Effect on Other Laws.--Nothing in this part may be construed to preclude or contradict any other provision of law authorizing the provision of firearms or training in the use of firearms.''.

This title may be cited as the ``Fix NICS Act of 2018''.

Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is amended-- (1) in subsection (e)(1), by adding at the end the following: ``(F) Semiannual certification and reporting.-- ``(i) In general.--The head of each Federal department or agency shall submit a semiannual written certification to the Attorney General indicating whether the department or agency is in compliance with the record submission requirements under subparagraph (C). ``(ii) Submission dates.--The head of a Federal department or agency shall submit a certification to the Attorney General under clause (i)-- ``(I) not later than July 31 of each year, which shall address all relevant records, including those that have not been transmitted to the Attorney General, in possession of the department or agency during the period beginning on January 1 of the year and ending on June 30 of the year; and ``(II) not later than January 31 of each year, which shall address all relevant records, including those that have not been transmitted to the Attorney General, in possession of the department or agency during the period beginning on July 1 of the previous year and ending on December 31 of the previous year. ``(iii) Contents.--A certification required under clause (i) shall state, for the applicable period--

``(I) the total number of records of the Federal department or agency demonstrating that a person falls within one of the categories described in subsection (g) or (n) of section 922 of title 18, United States Code; ``(II) for each category of records described in subclause (I), the total number of records of the Federal department or agency that have been provided to the Attorney General; and ``(III) the efforts of the Federal department or agency to ensure complete and accurate reporting of relevant records, including efforts to monitor compliance and correct any reporting failures or inaccuracies. ``(G) Implementation plan.-- ``(i) In general.--Not later than 1 year after the date of enactment of this subparagraph, the head of each Federal department or agency, in coordination with the Attorney General, shall establish a plan to ensure maximum coordination and automated reporting or making available of records to the Attorney General as required under subparagraph (C), and the verification of the accuracy of those records, including the pre- validation of those records, where appropriate, during a 4-year period specified in the plan. The records shall be limited to those of an individual described in subsection (g) or (n) of section 922 of title 18, United States Code. ``(ii) Benchmark requirements.--Each plan established under clause (i) shall include annual benchmarks to enable the Attorney General to assess implementation of the plan, including-- ``(I) qualitative goals and quantitative measures; ``(II) measures to monitor internal compliance, including any reporting failures and inaccuracies; ``(III) a needs assessment, including estimated compliance costs; and ``(IV) an estimated date by which the Federal department or agency will fully comply with record submission requirements under subparagraph (C). ``(iii) Compliance determination.--Not later than the end of each fiscal year beginning after the date of the establishment of a plan under clause (i), the Attorney General shall determine whether the applicable Federal department or agency has achieved substantial compliance with the benchmarks included in the plan. ``(H) Accountability.--The Attorney General shall publish, including on the website of the Department of Justice, and submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives a semiannual report that discloses--

``(i) the name of each Federal department or agency that has failed to submit a required certification under subparagraph (F); ``(ii) the name of each Federal department or agency that has submitted a required certification under subparagraph (F), but failed to certify compliance with the record submission requirements under subparagraph (C); ``(iii) the name of each Federal department or agency that has failed to submit an implementation plan under subparagraph (G); ``(iv) the name of each Federal department or agency that is not in substantial compliance with an implementation plan under subparagraph (G); ``(v) a detailed summary of the data, broken down by department or agency, contained in the certifications submitted under subparagraph (F); ``(vi) a detailed summary of the contents and status, broken down by department or agency, of the implementation plans established under subparagraph (G); and ``(vii) the reasons for which the Attorney General has determined that a Federal department or agency is not in substantial compliance with an implementation plan established under subparagraph (G). ``(I) Noncompliance penalties.--For each of fiscal years 2019 through 2022, each political appointee of a Federal department or agency that has failed to certify compliance with the record submission requirements under subparagraph (C), and is not in substantial compliance with an implementation plan established under subparagraph (G), shall not be eligible for the receipt of bonus pay, excluding overtime pay, until the department or agency-- ``(i) certifies compliance with the record submission requirements under subparagraph (C); or ``(ii) achieves substantial compliance with an implementation plan established under subparagraph (G). ``(J) Technical assistance.--The Attorney General may use funds made available for the national instant criminal background check system established under subsection (b) to provide technical assistance to a Federal department or agency, at the request of the department or agency, in order to help the department or agency comply with the record submission requirements under subparagraph (C). ``(K) Application to federal courts.--For purposes of this paragraph-- ``(i) the terms `department or agency of the United States' and `Federal department or agency' include a Federal court; and ``(ii) the Director of the Administrative Office of the United States Courts shall perform, for a Federal court, the functions assigned to the head of a department or agency.''; and

(2) in subsection (g), by adding at the end the following: ``For purposes of the preceding sentence, not later than 60 days after the date on which the Attorney General receives such information, the Attorney General shall determine whether or not the prospective transferee is the subject of an erroneous record and remove any records that are determined to be erroneous. In addition to any funds made available under subsection (k), the Attorney General may use such sums as are necessary and otherwise available for the salaries and expenses of the Federal Bureau of Investigation to comply with this subsection.''.

(a) Requirements To Obtain Waiver.--Section 102 of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40912) is amended-- (1) in subsection (a), in the first sentence-- (A) by striking ``the Crime Identification Technology Act of 1988 (42 U.S.C. 14601)'' and inserting ``section 102 of the Crime Identification Technology Act of 1998 (34 U.S.C. 40301)''; and (B) by inserting ``is in compliance with an implementation plan established under subsection (b) or'' before ``provides at least 90 percent of the information described in subsection (c)''; and (2) in subsection (b)(1)(B), by inserting ``or has established an implementation plan under section 107'' after ``the Attorney General''.

(b) Implementation Assistance to States.--Section 103 of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40913) is amended-- (1) in subsection (b)(3), by inserting before the semicolon at the end the following: ``, including through increased efforts to pre-validate the contents of those records to expedite eligibility determinations''; (2) in subsection (e)-- (A) in paragraph (1)-- (i) by striking ``and''; and (ii) by inserting before the period at the end the following: ``, and $125,000,000 for each of fiscal years 2018 through 2022''; and (B) by striking paragraph (2) and inserting the following-- ``(2) Domestic abuse and violence prevention initiative.-- ``(A) Establishment.--For each of fiscal years 2018 through 2022, the Attorney General shall create a priority area under the NICS Act Record Improvement Program (commonly known as `NARIP') for a Domestic Abuse and Violence Prevention Initiative that emphasizes the need for grantees to identify and upload all felony conviction records and domestic violence records. ``(B) Funding.--The Attorney General-- ``(i) may use not more than 50 percent of the amounts made available under this subsection for each

of fiscal years 2018 through 2022 to carry out the initiative described in subparagraph (A); and ``(ii) shall give a funding preference under NARIP to States that-- ``(I) have established an implementation plan under section 107; and ``(II) will use amounts made available under this subparagraph to improve efforts to identify and upload all felony conviction records and domestic violence records described in clauses (i), (v), and (vi) of section 102(b)(1)(C) by not later than September 30, 2022.''; and (3) by adding at the end the following:

``(g) Technical Assistance.--The Attorney General shall direct the Office of Justice Programs, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Federal Bureau of Investigation to-- ``(1) assist States that are not currently eligible for grants under this section to achieve compliance with all eligibility requirements; and ``(2) provide technical assistance and training services to grantees under this section.''.

PROGRAM.

(a) State Grant Program for Criminal Justice Identification, Information, and Communication.--Section 102 of the Crime Identification Technology Act of 1998 (34 U.S.C. 40301) is amended-- (1) in subsection (a)(3)-- (A) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; and (B) by inserting after subparagraph (B) the following: ``(C) identification of all individuals who have been convicted of a crime punishable by imprisonment for a term exceeding 1 year''; (2) in subsection (b)(6)-- (A) by striking ``(18 U.S.C. 922 note)'' and inserting ``(34 U.S.C. 40901(b))''; and (B) by inserting before the semicolon at the end the following: ``, including through increased efforts to pre-validate the contents of felony conviction records and domestic violence records to expedite eligibility determinations, and measures and resources necessary to establish and achieve compliance with an implementation plan under section 107 of the NICS Improvement Amendments Act of 2007''; (3) in subsection (d), by inserting after ``unless'' the following: ``the State has achieved compliance with an implementation plan under section 107 of the NICS Improvement Amendments Act of 2007 or''; and (4) in subsection (e)(1), by striking ``2002 through 2007'' and inserting ``2018 through 2022''.

(b) Grants for the Improvement of Criminal Records.--Section 106(b)(1) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40302(1)) is amended-- (1) in the matter preceding subparagraph (A)--

(A) by striking ``as of the date of enactment of this Act'' and inserting ``, as of the date of enactment of the Fix NICS Act of 2018,''; and (B) by striking ``files,'' and inserting the following: ``files and that will utilize funding under this subsection to prioritize the identification and transmittal of felony conviction records and domestic violence records,''; (2) in subparagraph (B), by striking ``and'' at the end; (3) in subparagraph (C)-- (A) by striking ``upon establishment of the national system,''; and (B) by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following-- ``(D) to establish and achieve compliance with an implementation plan under section 107 of the NICS Improvement Amendments Act of 2007.''.

(a) In General.--Title I of the NICS Improvement Amendments Act of 2007 (34 U.S. 40911 et seq.) is amended by adding at the end the following:

``SEC. 107. IMPLEMENTATION PLAN.

``(a) In General.--Not later than 1 year after the date of enactment of the Fix NICS Act of 2018, the Attorney General, in coordination with the States and Indian tribal governments, shall establish, for each State or Indian tribal government, a plan to ensure maximum coordination and automation of the reporting or making available of appropriate records to the National Instant Criminal Background Check System established under section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) and the verification of the accuracy of those records during a 4-year period specified in the plan. The records shall be limited to those of an individual described in subsection (g) or (n) of section 922 of title 18, United States Code ``(b) Benchmark Requirements.--Each plan established under this section shall include annual benchmarks to enable the Attorney General to assess the implementation of the plan, including-- ``(1) qualitative goals and quantitative measures; and ``(2) a needs assessment, including estimated compliance costs.

``(c) Compliance Determination.--Not later than the end of each fiscal year beginning after the date of the establishment of an implementation plan under this section, the Attorney General shall determine whether each State or Indian tribal government has achieved substantial compliance with the benchmarks included in the plan. ``(d) Accountability.--The Attorney General-- ``(1) shall disclose and publish, including on the website of the Department of Justice-- ``(A) the name of each State or Indian tribal government that received a determination of failure to achieve substantial compliance with an implementation plan under subsection (c) for the preceding fiscal year; and ``(B) a description of the reasons for which the Attorney General has determined that the State or Indian tribal government is not in substantial compliance with the

implementation plan, including, to the greatest extent possible, a description of the types and amounts of records that have not been submitted; and ``(2) if a State or Indian tribal government described in paragraph (1) subsequently receives a determination of substantial compliance, shall-- ``(A) immediately correct the applicable record; and ``(B) not later than 3 days after the determination, remove the record from the website of the Department of Justice and any other location where the record was published.

``(e) Incentives.--For each of fiscal years 2018 through 2022, the Attorney General shall give affirmative preference to all Bureau of Justice Assistance discretionary grant applications of a State or Indian tribal government that received a determination of substantial compliance under subsection (c) for the fiscal year in which the grant was solicited.''. (b) Table of Contents.--The table of contents in section 1(b) of the NICS Improvement Amendments Act of 2007 (Public Law 110-180; 121 Stat. 2559) is amended by inserting after the item relating to section 106 the following:

``Sec. 107. Implementation plan.''.

EDUCATION PROGRAM.

(a) In General.--Paragraph (1) of section 510(d) of the Social Security Act (42 U.S.C. 710(d)) is amended by inserting before the period at the end the following: ``, except that section 503(a) shall be applied by substituting `the total of the sums' for `four-sevenths of the total of the sums' ''. (b) Technical Corrections.--Section 510(a)(1)(A) of the Social Security Act (42 U.S.C. 710(a)(1)(A)) is amended-- (1) by striking ``subsection (e)(1)'' and inserting ``subsection (f)(1)''; and (2) by striking ``subsection (e)(2)'' and inserting ``subsection (f)(2)''.

This title may be cited as the ``Small Business Credit Availability Act''.

COMPANIES.

(a) In General.--Section 61(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-60(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and

(2) by striking paragraph (1) and inserting the following: ``(1) Except as provided in paragraph (2), the asset coverage requirements of subparagraphs (A) and (B) of section 18(a)(1) (and any related rule promulgated under this Act) applicable to business development companies shall be 200 percent. ``(2) The asset coverage requirements of subparagraphs (A) and (B) of section 18(a)(1) and of subparagraphs (A) and (B) of section 18(a)(2) (and any related rule promulgated under this Act) applicable to a business development company shall be 150 percent if-- ``(A) not later than 5 business days after the date on which those asset coverage requirements are approved under subparagraph (D) of this paragraph, the business development company discloses that the requirements were approved, and the effective date of the approval, in-- ``(i) any filing submitted to the Commission under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a); 78o(d)); and ``(ii) a notice on the website of the business development company; ``(B) the business development company discloses, in each periodic filing required under section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a))-- ``(i) the aggregate outstanding principal amount or liquidation preference, as applicable, of the senior securities issued by the business development company and the asset coverage percentage as of the date of the business development company's most recent financial statements included in that filing; ``(ii) that the business development company, under subparagraph (D), has approved the asset coverage requirements under this paragraph; and ``(iii) the effective date of the approval described in clause (ii); ``(C) with respect to a business development company that is an issuer of common equity securities, each periodic filing of the company required under section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)) includes disclosures that are reasonably designed to ensure that shareholders are informed of-- ``(i) the amount of senior securities (and the associated asset coverage ratios) of the company, determined as of the date of the most recent financial statements of the company included in that filing; and ``(ii) the principal risk factors associated with the senior securities described in clause (i), to the extent that risk is incurred by the company; and ``(D) the company-- ``(i)(I) through a vote of the required majority (as defined in section 57(o)), approves the application of this paragraph to the company, to become effective on the date that is 1 year after the date of the approval; or ``(II) obtains, at a special or annual meeting of shareholders or partners at which a quorum is present, the approval of more than 50 percent of the votes

cast for the application of this paragraph to the company, to become effective on the first day after the date of the approval; and ``(ii) if the company is not an issuer of common equity securities that are listed on a national securities exchange, extends, to each person that is a shareholder as of the date of an approval described in subclause (I) or (II) of clause (i), as applicable, the opportunity (which may include a tender offer) to sell the securities held by that shareholder as of that applicable approval date, with 25 percent of those securities to be repurchased in each of the 4 calendar quarters following the calendar quarter in which that applicable approval date takes place.''.

(b) Conforming Amendments.-- (1) Investment advisers act of 1940.--Section 205(b)(3) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-5(b)(3)) is amended-- (A) by striking ``section 61(a)(3)(B)(iii)'' and inserting ``section 61(a)(4)(B)(iii)''; and (B) by striking ``section 61(a)(3)(B)'' and inserting ``section 61(a)(4)(B)''. (2) Investment company act of 1940.--The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended-- (A) in section 57 (15 U.S.C. 80a-56)-- (i) in subsection (j)(1), by striking ``section 61(a)(3)(B)'' and inserting ``section 61(a)(4)(B)''; and (ii) in subsection (n)(2), by striking ``section 61(a)(3)(B)'' and inserting ``section 61(a)(4)(B)''; and (B) in section 63(3) (15 U.S.C. 80a-62(3)), by striking ``section 61(a)(3)'' and inserting ``section 61(a)(4)''.

COMPANIES REGARDING OFFERING AND PROXY RULES.

(a) Definitions.--In this section-- (1) the term ``business development company'' has the meaning given the term in section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)); (2) the term ``Commission'' means the Securities and Exchange Commission; (3) the term ``Form N-2'' means the form described in section 239.14 of title 17, Code of Federal Regulations; (4) the term ``Form S-3'' means the form described in section 239.13 of title 17, Code of Federal Regulations; and (5) the term ``Schedule 14A'' means the information required under section 240.14a-101 of title 17, Code of Federal Regulations.

(b) Revision to Rules.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Commission shall make the revisions described in paragraph (2) to allow a business development company that has filed an election under section 54 of the Investment Company Act of 1940 (15 U.S.C. 80a-53) to use the securities offering and proxy rules that are available to other issuers that are required to file reports under section 13(a) or section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a); 78o(d)).

(2) Required revisions.--The revisions described in this paragraph are revisions to-- (A) section 230.405 of title 17, Code of Federal Regulations-- (i) to remove the exclusion of a business development company from the definition of the term ``well-known seasoned issuer'' under that section; and (ii) to add a registration statement filed on Form N-2 to the definition of the term ``automatic shelf registration statement'' under that section; (B) sections 230.168 and 230.169 of title 17, Code of Federal Regulations, to remove the exclusion of a business development company from an issuer that is eligible for the exemptions under those sections; (C) section 230.163 of title 17, Code of Federal Regulations, to remove a business development company from the list of issuers that are ineligible for the exemption under that section; (D) section 230.163A of title 17, Code of Federal Regulations, to remove the communications made by a business development company from the list of communications that are ineligible for the exemption under that section; (E) section 230.134 of title 17, Code of Federal Regulations, to remove the exclusion of a communication relating to a business development company from the application of that section; (F) sections 230.138 and 230.139 of title 17, Code of Federal Regulations, to specifically include a business development company as an issuer to which those sections apply; (G) section 230.156 of title 17, Code of Federal Regulations, to provide that nothing in that section may be construed to prevent a business development company from qualifying for an exemption under section 230.168 or 230.169 of title 17, Code of Federal Regulations, as amended by the Commission in accordance with the requirements of this section; (H) section 230.164 of title 17, Code of Federal Regulations, to remove a business development company from the list of issuers that are excluded under that section; (I) section 230.433 of title 17, Code of Federal Regulations, to specifically include a business development company that is a well-known seasoned issuer as an issuer to which that section applies; (J) section 230.415 of title 17, Code of Federal Regulations to state that the registration for securities under section 230.415(a)(1)(x) of title 17, Code of Federal Regulations, includes securities registered on Form N-2 by a business development company that would otherwise meet the eligibility requirements of Form S-3; (K) section 230.497 of title 17, Code of Federal Regulations, to include a process for a business development company to file a form of prospectus in the same manner as the process for filing a form of prospectus under section 230.424(b) of title 17, Code of Federal Regulations; (L) sections 230.172 and 230.173 of title 17, Code of Federal Regulations, to remove the exclusion of an offering

of a business development company from the application of those sections; (M) section 230.418 of title 17, Code of Federal Regulations, to provide that a business development company that would otherwise meet the eligibility requirements of Form S-3 shall be exempt from paragraph (a)(3) of that section; (N) Schedule 14A to revise item 13(b)(1) of that Schedule to include a business development company that would otherwise meet the requirements of note E of that Schedule as an issuer to which that item applies; (O) section 243.103 of title 17, Code of Federal Regulations, to provide that paragraph (a) of that section applies for the purposes of Form N-2; and (P) item 34 on Form N-2 to require a business development company to provide undertakings that are no more restrictive than the undertakings that are required of a registrant under section 229.512 of title 17, Code of Federal Regulations.

(c) Revision to Form N-2.--Not later than 1 year after the date of enactment of this Act, the Commission shall revise Form N-2-- (1) to include an item or instruction that is similar to item 12 on Form S-3 to provide that a business development company that would otherwise meet the requirements of Form S-3 shall incorporate by reference the reports and documents filed by the business development company under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) into the registration statement of the business development company filed on Form N-2; and (2) to include an item or instruction that is similar to the instruction regarding automatic shelf offerings by well-known seasoned issuers on Form S-3 to provide that a business development company that is a well-known seasoned issuer may file automatic shelf offerings on Form N-2.

(d) Treatment if Revisions Not Completed in Timely Manner.--If the Commission fails to complete the revisions required under subsections (b) and (c) by the dates described in those subsections, a business development company, during the period beginning on the date that is 1 day after 1 year after the date of enactment of this Act and ending on the date that the Commission completes those revisions, may deem those revisions to have been completed in accordance with the actions required to be taken by the Commission under those subsections. (e) Rules of Construction.-- (1) Treatment of successor regulations and forms.--Any reference in this section to a regulation or form shall be construed as a reference to-- (A) that regulation or form, as in effect on the day before the date of enactment of this Act; or (B) any successor to that regulation or form. (2) Distribution of sales material.--Nothing in this section, or in the amendments made pursuant to the requirements of this section, may be construed to prevent a business development company from distributing sales material under section 230.482 of title 17, Code of Federal Regulations.

This title may be cited as the ``Small Business Access to Capital After a Natural Disaster Act''.

NATURAL DISASTER.

Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended-- (1) in subsection (j)(4)(C), by striking ``minority-owned and women-owned small businesses'' and inserting ``minority- owned small businesses, women-owned small businesses, and small businesses affected by hurricanes or other natural disasters''; and (2) in subsection (j)(6)(B)(iii), by striking ``minority- owned and women-owned small businesses'' and inserting ``minority-owned small businesses, women-owned small businesses, and small businesses affected by hurricanes or other natural disasters''.

This title may be cited as the ``Taylor Force Act''.

Congress makes the following findings: (1) The Palestinian Authority's practice of paying salaries to terrorists serving in Israeli prisons, as well as to the families of deceased terrorists, is an incentive to commit acts of terror. (2) The United States does not provide direct budgetary support to the Palestinian Authority. The United States does pay certain debts held by the Palestinian Authority and funds programs for which the Palestinian Authority would otherwise be responsible. (3) The United States Government supports community-based programs in the West Bank and Gaza that provide for basic human needs, such as food, water, health, shelter, protection, education, and livelihoods, and that promote peace and development. (4) Since fiscal year 2015, annual appropriations legislation has mandated the reduction of Economic Support Fund aid for the Palestinian Authority as a result of their payments for acts of terrorism including, in fiscal year 2017, a reduction ``by an amount the Secretary determines is equivalent to the amount expended by the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations with such entities as payments for acts of terrorism by individuals who are imprisoned after being fairly tried and convicted for acts of terrorism and by individuals who died committing acts of terrorism during the previous calendar year''.

Congress-- (1) calls on the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations to stop payments for acts of terrorism by individuals who are imprisoned after being fairly tried and convicted for acts of terrorism and by individuals who died committing acts of terrorism and to repeal the laws authorizing such payments; (2) calls on all donor countries providing budgetary assistance to the Palestinian Authority to cease direct budgetary support until the Palestinian Authority stops all payments incentivizing terror; (3) urges the Palestinian Authority to develop programs to provide essential public services and support to any individual in need within its jurisdictional control, rather than to provide payments contingent on perpetrating acts of violence; (4) urges the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to highlight the issue of Palestinian Authority payments for acts of terrorism and to urge other Member States to apply pressure upon the Palestinian Authority to immediately cease such payments; and (5) urges the Department of State to use its bilateral and multilateral engagements with all governments and organizations committed to the cause of peace between Israel and the Palestinians to highlight the issue of Palestinian Authority payments for acts of terrorism and to urge such governments and organizations to join the United States in calling on the Palestinian Authority to immediately cease such payments.

WEST BANK AND GAZA.

(a) Limitation.-- (1) In general.--Funds authorized to be appropriated or otherwise made available for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to Economic Support Fund) and available for assistance for the West Bank and Gaza that directly benefits the Palestinian Authority may only be made available for such purpose if, except as provided in subsection (d), not later than 30 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of State certifies in writing to the appropriate congressional committees that the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations-- (A) are taking credible steps to end acts of violence against Israeli citizens and United States citizens that are perpetrated or materially assisted by individuals under their jurisdictional control, such as the March 2016 attack that killed former United States Army officer Taylor Force, a veteran of the wars in Iraq and Afghanistan; (B) have terminated payments for acts of terrorism against Israeli citizens and United States citizens to any individual, after being fairly tried, who has been imprisoned for such acts of terrorism and to any individual who died committing such acts of terrorism, including to a family member of such individuals;

(C) have revoked any law, decree, regulation, or document authorizing or implementing a system of compensation for imprisoned individuals that uses the sentence or period of incarceration of an individual imprisoned for an act of terrorism to determine the level of compensation paid, or have taken comparable action that has the effect of invalidating any such law, decree, regulation, or document; and (D) are publicly condemning such acts of violence and are taking steps to investigate or are cooperating in investigations of such acts to bring the perpetrators to justice. (2) Additional certification requirement.--The Secretary of State shall include in the certification required under paragraph (1) the definition of ``acts of terrorism'' that the Secretary used for purposes of making the determination in subparagraph (B) of such paragraph.

(b) Exception.-- (1) In general.--Subject to paragraph (2), the limitation on assistance under subsection (a) shall not apply to-- (A) payments made to the East Jerusalem Hospital Network; (B) assistance for wastewater projects not exceeding $5,000,000 in any one fiscal year; and (C) assistance for any other program, project, or activity that provides vaccinations to children not exceeding $500,000 in any one fiscal year. (2) Notification.--The Secretary of State shall notify in writing the appropriate congressional committees not later than 15 days prior to making funds available for assistance under subparagraph (A), (B), or (C) of paragraph (1).

(c) Rule of Construction.--Funds withheld pursuant to this section-- (1) shall be deemed to satisfy any similar withholding or reduction required under any other provision of law relating to the Palestinian Authority's payments for acts of terrorism; and (2) shall be in an amount that is not less than the total amount required by such other provision of law.

(d) Initial Use and Disposition of Withheld Funds.-- (1) Period of availability.--Funds withheld pursuant to this section are authorized to remain available for an additional 2 years from the date on which the availability of such funds would otherwise have expired. (2) Use of funds.--Funds withheld pursuant to this section may be made available for assistance for the West Bank and Gaza that directly benefits the Palestinian Authority upon a certification by the Secretary of State that the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations have met the conditions set forth in subsection (a). Except as provided in paragraph (3), such funds may not be made available for any purpose other than for assistance for the West Bank and Gaza that directly benefits the Palestinian Authority.

(3) Disposition of unused funds.--Beginning on the date that is 180 days after the last day on which the initial availability of funds withheld pursuant to this section would otherwise have expired, such funds are authorized to be made available to the Department of State for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to Economic Support Fund) in the following manner-- (A) 50 percent for purposes of assistance other than that deemed benefiting the Palestinian Authority; and (B) 50 percent for purposes other than assistance for the West Bank and Gaza.

(e) Report.-- (1) In general.--If the Secretary of State is unable to certify in writing to the appropriate congressional committees that the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations have met the conditions described in subsection (a), the Secretary shall, not later than 15 days after the date on which the Secretary is unable to make such certification, submit to the appropriate congressional committees a report that contains the following: (A) The reasons why the Secretary was unable to certify in writing that such organizations have met such requirements. (B) The definition of ``acts of terrorism'' that the Secretary used for purposes of making the determination in subparagraph (B) of subsection (a)(1). (C) The total amount of funds to be withheld. (2) Form.--The report required by this subsection shall be submitted in unclassified form but may include a classified annex.

(f) List of Criteria.-- (1) In general.--Not later than 15 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a list of the criteria that the Secretary uses to determine whether assistance for the West Bank and Gaza is assistance that directly benefits the Palestinian Authority for purposes of carrying out this section. (2) Update.--The Secretary of State shall submit to the appropriate congressional committees an updated list under paragraph (1) not later than 15 days after the date on which the Secretary makes any modification to the list.

(a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report describing those programs, projects, and activities funded by the United States Government that have been or will be suspended by reason of withholding of funds under section 1004. (b) Form.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.

(a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 6 years,

the Secretary of State shall submit to the appropriate congressional committees a report including at a minimum the following elements: (1) An estimate of the amount expended by the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations during the previous calendar year as payments for acts of terrorism by individuals who are imprisoned for such acts. (2) An estimate of the amount expended by the Palestinian Authority, the Palestine Liberation Organization, and any successor or affiliated organizations during the previous calendar year as payments to the families of deceased individuals who committed an act of terrorism. (3) An overview of Palestinian laws, decrees, regulations, or documents in effect the previous calendar year that authorize or implement any payments reported under paragraphs (1) and (2). (4) A description of United States Government policy, efforts, and engagement with the Palestinian Authority in order to confirm the revocation of any law, decree, regulation, or document in effect the previous calendar year that authorizes or implements any payments reported under paragraphs (1) and (2). (5) A description of United States Government policy, efforts, and engagement with other governments, and at the United Nations, to highlight the issue of Palestinian payments for acts of terrorism and to urge other nations to join the United States in calling on the Palestinian Authority to immediately cease such payments.

(b) Form of Report.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.

COMMITTEES DEFINED.

In this title, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Appropriations and the Committee on Foreign Relations of the Senate.

This title may be cited as the ``Fair Agricultural Reporting Method Act'' or the ``FARM Act''.

Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9603) is amended by striking subsection (e) and inserting the following: ``(e) Applicability to Registered Pesticide Products and Air Emissions From Animal Waste at Farms.-- ``(1) In general.--This section shall not apply to-- ``(A) the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) or the handling and storage

of such a pesticide product by an agricultural producer; or ``(B) air emissions from animal waste (including decomposing animal waste) at a farm. ``(2) Definitions.--In this subsection: ``(A) Animal waste.-- ``(i) In general.--The term `animal waste' means feces, urine, or other excrement, digestive emission, urea, or similar substances emitted by animals (including any form of livestock, poultry, or fish). ``(ii) Inclusions.--The term `animal waste' includes animal waste that is mixed or commingled with bedding, compost, feed, soil, or any other material typically found with such waste. ``(B) Farm.--The term `farm' means a site or area (including associated structures) that-- ``(i) is used for-- ``(I) the production of a crop; or ``(II) the raising or selling of animals (including any form of livestock, poultry, or fish); and ``(ii) under normal conditions, produces during a farm year any agricultural products with a total value equal to not less than $1,000.''.

SEC. 1103. APPLICATION.

Nothing in this title or an amendment made by this title affects, or supersedes or modifies the responsibility or authority of any Federal official or employee to comply with or enforce, any requirement under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), other than the hazardous substance notification requirements under section 103 of that Act (42 U.S.C. 9603) with respect to air emissions from animal waste at farms.

(a) Prohibition on Keeping Tips.--Section 3(m) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)) is amended-- (1) by redesignating paragraphs (1) and (2) as clauses (i) and (ii), respectively; (2) by inserting ``(1)'' after ``(m)''; (3) by striking ``any employee. In determining'' and inserting the following: ``any employee.

``(2)(A) In determining''; (4) in clause (ii) of paragraph (2)(A) (as so redesignated), by striking ``paragraph (1)'' and inserting ``clause (i)''; and (5) by adding at the end the following:

``(B) An employer may not keep tips received by its employees for any purposes, including allowing managers or supervisors to keep any portion of employees' tips, regardless of whether or not the employer takes a tip credit.''. (b) Penalties.--Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in subsection (b)--

(A) by inserting after the second sentence the following: ``Any employer who violates section 3(m)(2)(B) shall be liable to the employee or employees affected in the amount of the sum of any tip credit taken by the employer and all such tips unlawfully kept by the employer, and in an additional equal amount as liquidated damages.''; and (B) by striking ``either of''; (2) in subsection (c), by adding at the end the following: ``The authority and requirements described in this subsection shall apply with respect to a violation of section 3(m)(2)(B), as appropriate, and the employer shall be liable for the amount of the sum of any tip credit taken by the employer and all such tips unlawfully kept by the employer, and an additional equal amount as liquidated damages.''; and (3) in subsection (e)(2), by adding at the end the following: ``Any person who violates section 3(m)(2)(B) shall be subject to a civil penalty not to exceed $1,100 for each such violation, as the Secretary determines appropriate, in addition to being liable to the employee or employees affected for all tips unlawfully kept, and an additional equal amount as liquidated damages, as described in subsection (b).''.

(c) Effect on Regulations.--The portions of the final rule promulgated by the Department of Labor entitled ``Updating Regulations Issued Under the Fair Labor Standards Act'' (76 Fed. Reg. 18832 (April 5, 2011)) that revised sections 531.52, 531.54, and 531.59 of title 29, Code of Federal Regulations (76 Fed. Reg. 18854- 18856) and that are not addressed by section 3(m) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)) (as such section was in effect on April 5, 2011), shall have no further force or effect until any future action taken by the Administrator of the Wage and Hour Division of the Department of Labor.

FOR CERTAIN NEW DRUGS AND BIOLOGICALS.

(a) Revisions to Pass-through Period and Payment Rules.-- (1) In general.--Section 1833(t)(6) of the Social Security Act (42 U.S.C. 1395l(t)(6)) is amended-- (A) in subparagraph (C)(i), in the matter preceding subclause (I), by striking ``The payment'' and inserting ``Subject to subparagraph (G), the payment''; (B) in subparagraph (D)(i), by inserting ``subject to subparagraph (H),'' before ``in the case''; and (C) by adding at the end the following new subparagraphs: ``(G) Pass-through extension for certain drugs and biologicals.--In the case of a drug or biological whose period of pass-through status under this paragraph ended on December 31, 2017, and for which payment under this subsection was packaged into a payment for a covered

OPD service (or group of services) furnished beginning January 1, 2018, such pass-through status shall be extended for a 2-year period beginning on October 1, 2018. ``(H) Temporary payment rule for certain drugs and biologicals.--In the case of a drug or biological whose period of pass-through status under this paragraph ended on December 31, 2017, and for which payment under this subsection was packaged into a payment for a covered OPD service (or group of services) furnished beginning January 1, 2018, the payment amount for such drug or biological under this subsection that is furnished during the period beginning on October 1, 2018, and ending on March 31, 2019, shall be the greater of-- ``(i) the payment amount that would otherwise apply under subparagraph (D)(i) for such drug or biological during such period; or ``(ii) the payment amount that applied under such subparagraph (D)(i) for such drug or biological on December 31, 2017. ``(I) Special payment adjustment rules for last quarter of 2018.--In the case of a drug or biological whose period of pass-through status under this paragraph ended on December 31, 2017, and for which payment under this subsection was packaged into a payment amount for a covered OPD service (or group of services) beginning January 1, 2018, the following rules shall apply with respect to payment amounts under this subsection for covered a OPD service (or group of services) furnished during the period beginning on October 1, 2018, and ending on December 31, 2018: ``(i) The Secretary shall remove the packaged costs of such drug or biological (as determined by the Secretary) from the payment amount under this subsection for the covered OPD service (or group of services) with which it is packaged. ``(ii) The Secretary shall not make any adjustments to payment amounts under this subsection for a covered OPD service (or group of services) for which no costs were removed under clause (i).''. (2) Nonapplication of limit on aggregate annual adjustment for 2018.--Section 1833(t)(6)(E)(i) of the Social Security Act (42 U.S.C. 1395l(t)(6)(E)(i)) is amended by adding at the end the following new sentence: ``This clause shall not apply for 2018.''. (3) Implementation.-- Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by paragraphs (1) and (2) by program instruction or otherwise.

(b) GAO Study and Report.-- (1) In general.--The Comptroller General of the United States (in this subsection referred to as the ``Comptroller General'') shall conduct a study on the policy for packaging high cost drugs and biologicals after their pass-through status under subsection (t)(6) of section 1833 of the Social Security Act (42 U.S.C. 1395l) has expired under the payment systems for hospital outpatient department services under section subsection (t) of such section and for surgical services furnished

in an ambulatory surgical center under subsection (i) of such section. Such study shall include an analysis of-- (A) the impact of such policy on-- (i) the utilization of such drugs and biologicals; (ii) the availability of treatment options, including consultations with physicians and hospitals; and (iii) to the extent practicable, the health outcomes of Medicare beneficiaries; and (B) the impact of the amendments made by subsection (a), including the impact on price competition and cost- sharing. (2) Report.--Not later than March 1, 2021, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

DIVISION T--REVENUE PROVISIONS

COOPERATIVE AND ITS PATRONS.

(a) Deduction for Qualified Production Activities Income.-- (1) In general.--Subsection (g) of section 199A of the Internal Revenue Code of 1986 is amended to read as follows:

``(g) Deduction for Income Attributable to Domestic Production Activities of Specified Agricultural or Horticultural Cooperatives.-- ``(1) Allowance of deduction.-- ``(A) In general.--In the case of a taxpayer which is a specified agricultural or horticultural cooperative, there shall be allowed as a deduction an amount equal to 9 percent of the lesser of-- ``(i) the qualified production activities income of the taxpayer for the taxable year, or ``(ii) the taxable income of the taxpayer for the taxable year. ``(B) Limitation.-- ``(i) In general.--The deduction allowable under subparagraph (A) for any taxable year shall not exceed 50 percent of the W-2 wages of the taxpayer for the taxable year. ``(ii) W-2 wages.--For purposes of this subparagraph, the W-2 wages of the taxpayer shall be determined in the same manner as under subsection (b)(4) (without regard to subparagraph (B) thereof and after application of subsection (b)(5)), except that such wages shall not include any amount which is not properly allocable to domestic production gross receipts for purposes of paragraph (3)(A). ``(C) Taxable income of cooperatives determined without regard to certain deductions.--For purposes of this subsection, the taxable income of a specified agricultural or horticultural cooperative shall be computed without regard to any deduction allowable under subsection (b) or (c) of section 1382 (relating to patronage dividends,

per-unit retain allocations, and nonpatronage distributions). ``(2) Deduction allowed to patrons.-- ``(A) In general.--In the case of any eligible taxpayer who receives a qualified payment from a specified agricultural or horticultural cooperative, there shall be allowed as a deduction for the taxable year in which such payment is received an amount equal to the portion of the deduction allowed under paragraph (1) to such cooperative which is-- ``(i) allowed with respect to the portion of the qualified production activities income to which such payment is attributable, and ``(ii) identified by such cooperative in a written notice mailed to such taxpayer during the payment period described in section 1382(d). ``(B) Limitation based on taxable income.--The deduction allowed to any taxpayer under this paragraph shall not exceed the taxable income of the taxpayer determined without regard to the deduction allowed under this paragraph and after taking into account any deduction allowed to the taxpayer under subsection (a) for the taxable year. ``(C) Cooperative denied deduction for portion of qualified payments.--The taxable income of a specified agricultural or horticultural cooperative shall not be reduced under section 1382 by reason of that portion of any qualified payment as does not exceed the deduction allowable under subparagraph (A) with respect to such payment. ``(D) Eligible taxpayer.--For purposes of this paragraph, the term `eligible taxpayer' means-- ``(i) a taxpayer other than a corporation, or ``(ii) a specified agricultural or horticultural cooperative. ``(E) Qualified payment.--For purposes of this section, the term `qualified payment' means, with respect to any eligible taxpayer, any amount which-- ``(i) is described in paragraph (1) or (3) of section 1385(a), ``(ii) is received by such taxpayer from a specified agricultural or horticultural cooperative, and ``(iii) is attributable to qualified production activities income with respect to which a deduction is allowed to such cooperative under paragraph (1). ``(3) Qualified production activities income.--For purposes of this subsection-- ``(A) In general.--The term `qualified production activities income' for any taxable year means an amount equal to the excess (if any) of-- ``(i) the taxpayer's domestic production gross receipts for such taxable year, over ``(ii) the sum of-- ``(I) the cost of goods sold that are allocable to such receipts, and

``(II) other expenses, losses, or deductions (other than the deduction allowed under this subsection), which are properly allocable to such receipts. ``(B) Allocation method.--The Secretary shall prescribe rules for the proper allocation of items described in subparagraph (A) for purposes of determining qualified production activities income. Such rules shall provide for the proper allocation of items whether or not such items are directly allocable to domestic production gross receipts. ``(C) Special rules for determining costs.-- ``(i) In general.--For purposes of determining costs under subclause (I) of subparagraph (A)(ii), any item or service brought into the United States shall be treated as acquired by purchase, and its cost shall be treated as not less than its value immediately after it entered the United States. A similar rule shall apply in determining the adjusted basis of leased or rented property where the lease or rental gives rise to domestic production gross receipts. ``(ii) Exports for further manufacture.--In the case of any property described in clause (i) that had been exported by the taxpayer for further manufacture, the increase in cost or adjusted basis under clause (i) shall not exceed the difference between the value of the property when exported and the value of the property when brought back into the United States after the further manufacture. ``(D) Domestic production gross receipts.-- ``(i) In general.--The term `domestic production gross receipts' means the gross receipts of the taxpayer which are derived from any lease, rental, license, sale, exchange, or other disposition of any agricultural or horticultural product which was manufactured, produced, grown, or extracted by the taxpayer (determined after the application of paragraph (4)(B)) in whole or significant part within the United States. Such term shall not include gross receipts of the taxpayer which are derived from the lease, rental, license, sale, exchange, or other disposition of land. ``(ii) Related persons.-- ``(I) In general.--The term `domestic production gross receipts' shall not include any gross receipts of the taxpayer derived from property leased, licensed, or rented by the taxpayer for use by any related person. ``(II) Related person.--For purposes of subclause (I), a person shall be treated as related to another person if such persons are treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414, except that determinations under subsections (a) and (b) of section 52 shall be made without regard to section 1563(b). ``(4) Specified agricultural or horticultural cooperative.-- For purposes of this section--

``(A) In general.--The term `specified agricultural or horticultural cooperative' means an organization to which part I of subchapter T applies which is engaged-- ``(i) in the manufacturing, production, growth, or extraction in whole or significant part of any agricultural or horticultural product, or ``(ii) in the marketing of agricultural or horticultural products. ``(B) Application to marketing cooperatives.--A specified agricultural or horticultural cooperative described in subparagraph (A)(ii) shall be treated as having manufactured, produced, grown, or extracted in whole or significant part any agricultural or horticultural product marketed by the specified agricultural or horticultural cooperative which its patrons have so manufactured, produced, grown, or extracted. ``(5) Definitions and special rules.-- ``(A) Special rule for affiliated groups.-- ``(i) In general.--All members of an expanded affiliated group shall be treated as a single corporation for purposes of this subsection. ``(ii) Partnerships owned by expanded affiliated groups.--For purposes of paragraph (3)(D), if all of the interests in the capital and profits of a partnership are owned by members of a single expanded affiliated group at all times during the taxable year of such partnership, the partnership and all members of such group shall be treated as a single taxpayer during such period. ``(iii) Expanded affiliated group.--For purposes of this subsection, the term `expanded affiliated group' means an affiliated group as defined in section 1504(a), determined-- ``(I) by substituting `more than 50 percent' for `at least 80 percent' each place it appears, and ``(II) without regard to paragraphs (2) and (4) of section 1504(b). ``(iv) Allocation of deduction.--Except as provided in regulations, the deduction under paragraph (1) shall be allocated among the members of the expanded affiliated group in proportion to each member's respective amount (if any) of qualified production activities income. ``(B) Special rule for cooperative partners.--In the case of a specified agricultural or horticultural cooperative which is a partner in a partnership, rules similar to the rules of subsection (f)(1) shall apply for purposes of this subsection. ``(C) Trade or business requirement.--This subsection shall be applied by only taking into account items which are attributable to the actual conduct of a trade or business. ``(D) Unrelated business taxable income.--For purposes of determining the tax imposed by section 511, this section shall be applied by substituting `unrelated business taxable income' for `taxable income' each place it appears in this section (other than this subparagraph).

``(E) Special rule for cooperative with oil related qualified production activities income.-- ``(i) In general.--If a specified agricultural or horticultural cooperative has oil related qualified production activities income for any taxable year, the amount otherwise allowable as a deduction under paragraph (1) shall be reduced by 3 percent of the least of-- ``(I) the oil related qualified production activities income of the cooperative for the taxable year, ``(II) the qualified production activities income of the cooperative for the taxable year, or ``(III) taxable income. ``(ii) Oil related qualified production activities income.--For purposes of this subparagraph, the term `oil related qualified production activities income' means for any taxable year the qualified production activities income which is attributable to the production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof (within the meaning of section 927(a)(2)(C), as in effect before its repeal) during such taxable year. ``(6) Regulations.--The Secretary shall prescribe such regulations as are necessary to carry out the purposes of this subsection, including regulations which prevent more than 1 taxpayer from being allowed a deduction under this subsection with respect to any activity described in paragraph (3)(D)(i). Such regulations shall be based on the regulations applicable to cooperatives and their patrons under section 199 (as in effect before its repeal).''. (2) Conforming amendments.-- (A) Sections 63(b)(3), 63(d)(3), 199A(e)(1), and 6662(d)(1)(C) of such Code <<NOTE: 26 USC 63, 199A, 6662.>> are each amended by striking ``the deduction'' and inserting ``any deduction''. (B) The last sentence of section 62(a) of such Code and section 172(d)(8) of such Code are each amended by striking ``The deduction'' and inserting ``Any deduction''. (C) Section 199A(e)(1) of such Code is amended by striking ``Taxable income'' and inserting ``Except as otherwise provided in subsection (g)(2)(B), taxable income''. (D) Section 613(a) of such Code is amended by striking ``the deduction under section 199A'' and inserting ``any deduction under section 199A''.

(b) Modifications Related to Payments From Cooperatives.-- (1) Repeal of special deduction for qualified cooperative dividends.--Subsection (a) of section 199A of such Code is amended to read as follows:

``(a) Allowance of Deduction.--In the case of a taxpayer other than a corporation, there shall be allowed as a deduction for any taxable year an amount equal to the lesser of-- ``(1) the combined qualified business income amount of the taxpayer, or ``(2) an amount equal to 20 percent of the excess (if any) of-- ``(A) the taxable income of the taxpayer for the taxable year, over

``(B) the net capital gain (as defined in section 1(h)) of the taxpayer for such taxable year.''. (2) Repeal of rule excluding qualified cooperative dividends from qualified business income.-- (A) In general.--Section 199A(c)(1) of such Code is amended by striking ``, qualified cooperative dividends,''. (B) Conforming amendments.-- (i) Section 199A(c)(3)(B) of such Code is amended-- (I) by striking ``investment'' in the matter preceding clause (i), and (II) by adding at the end of clause (ii) the following: ``Any amount described in section 1385(a)(1) shall not be treated as described in this clause.''. (ii) Section 199A(e) of such Code is amended by striking paragraph (4) and by redesignating paragraph (5) as paragraph (4). (3) Reduction of qualified business income with respect to income received from cooperatives.--Section 199A(b) of such Code is amended by adding at the end the following new paragraph: ``(7) Special rule with respect to income received from cooperatives.--In the case of any qualified trade or business of a patron of a specified agricultural or horticultural cooperative, the amount determined under paragraph (2) with respect to such trade or business shall be reduced by the lesser of-- ``(A) 9 percent of so much of the qualified business income with respect to such trade or business as is properly allocable to qualified payments received from such cooperative, or ``(B) 50 percent of so much of the W-2 wages with respect to such trade or business as are so allocable.''.

(c) Application of Section 199 to Certain Qualified Payments Paid After 2017.--Subsection (c) of section 13305 of Public Law 115- 97 is amended to read as follows:

``(c) Effective Dates.-- ``(1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2017. ``(2) Transition rule for qualified payments of patrons of cooperatives.-- ``(A) In general.--The amendments made by this section shall not apply to a qualified payment received by a taxpayer from a specified agricultural or horticultural cooperative in a taxable year of the taxpayer beginning after December 31, 2017, which is attributable to qualified production activities income with respect to which a deduction is allowable to the cooperative under section 199 of the Internal Revenue Code of 1986 (as in effect before the amendments made by this section) for a taxable year of the cooperative beginning before January 1, 2018. Any term used in this subparagraph which is also used in section 199 of such Code (as so in effect) shall have the same meaning as when used in such section. ``(B) Coordination with section 199a.--No deduction shall be allowed under section 199A of such Code for any qualified payment to which subparagraph (A) applies.''.

(d) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall take effect as if included in section 11011 of Public Law 115-97. (2) Application of section 199 to certain qualified payments paid after 2017.--The amendment made by subsection (c) shall take effect as if included in section 13305 of Public Law 115- 97.

2021.

(a) In General.--Section 42(h)(3)(I) of the Internal Revenue Code of 1986 is amended to read as follows: ``(I) Increase in state housing credit ceiling for 2018, 2019, 2020, and 2021.--In the case of calendar years 2018, 2019, 2020, and 2021, each of the dollar amounts in effect under clauses (I) and (II) of subparagraph (C)(ii) for any calendar year (after any increase under subparagraph (H)) shall be increased by multiplying such dollar amount by 1.125.''.

(b) Effective Date.--The amendment made by this section shall apply to calendar years beginning after December 31, 2017.

(a) In General.--Paragraph (1) of section 42(g) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``subparagraph (A) or (B)'' and inserting ``subparagraph (A), (B), or (C)'', and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) Average income test.-- ``(i) In general.--The project meets the minimum requirements of this subparagraph if 40 percent or more (25 percent or more in the case of a project described in section 142(d)(6)) of the residential units in such project are both rent- restricted and occupied by individuals whose income does not exceed the imputed income limitation designated by the taxpayer with respect to the respective unit. ``(ii) Special rules relating to income limitation.--For purposes of clause (i)-- ``(I) Designation.--The taxpayer shall designate the imputed income limitation of each unit taken into account under such clause. ``(II) Average test.--The average of the imputed income limitations designated under subclause (I) shall not exceed 60 percent of area median gross income. ``(III) 10-percent increments.--The designated imputed income limitation of any unit under subclause (I) shall be 20 percent, 30 percent, 40 percent, 50 percent, 60 percent, 70 percent, or 80 percent of area median gross income.''.

(b) Rules Relating to Next Available Unit.--Subparagraph (D) of section 42(g)(2) of the Internal Revenue Code of 1986 is amended-- (1) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii), (iii), and (iv)'',

(2) in clause (ii)-- (A) by striking ``If'' and inserting ``In the case of a project with respect to which the taxpayer elects the requirements of subparagraph (A) or (B) of paragraph (1), if'', (B) by striking the second sentence, and (C) by striking ``Next available unit must be rented to low-income tenant if income rises above 140 percent of income limit'' in the heading and inserting ``Rental of next available unit in case of 20-50 or 40-60 test'', and (3) by adding at the end the following new clauses: ``(iii) Rental of next available unit in case of average income test.--In the case of a project with respect to which the taxpayer elects the requirements of subparagraph (C) of paragraph (1), if the income of the occupants of the unit increases above 140 percent of the greater of-- ``(I) 60 percent of area median gross income, or ``(II) the imputed income limitation designated with respect to the unit under paragraph (1)(C)(ii)(I), clause (i) shall cease to apply to any such unit if any residential rental unit in the building (of a size comparable to, or smaller than, such unit) is occupied by a new resident whose income exceeds the limitation described in clause (v). ``(iv) Deep rent skewed projects.--In the case of a project described in section 142(d)(4)(B), clause (ii) or (iii), whichever is applicable, shall be applied by substituting `170 percent' for `140 percent', and-- ``(I) in the case of clause (ii), by substituting `any low-income unit in the building is occupied by a new resident whose income exceeds 40 percent of area median gross income' for `any residential rental unit' and all that follows in such clause, and ``(II) in the case of clause (iii), by substituting `any low-income unit in the building is occupied by a new resident whose income exceeds the lesser of 40 percent of area median gross income or the imputed income limitation designated with respect to such unit under paragraph (1)(C)(ii)(I)' for `any residential rental unit' and all that follows in such clause. ``(v) Limitation described.--For purposes of clause (iii), the limitation described in this clause with respect to any unit is-- ``(I) the imputed income limitation designated with respect to such unit under paragraph (1)(C)(ii)(I), in the case of a unit which was taken into account as a low-income unit prior to becoming vacant, and ``(II) the imputed income limitation which would have to be designated with respect to such unit under such paragraph in order for the project

to continue to meet the requirements of paragraph (1)(C)(ii)(II), in the case of any other unit.''.

(c) Effective Date.--The amendments made by this section shall apply to elections made under section 42(g)(1) of the Internal Revenue Code of 1986 after the date of the enactment of this Act.

DIVISION U --TAX TECHNICAL CORRECTIONS

SHORT TITLE; TABLE OF CONTENTS; ETC.

(a) Short Title.--This division may be cited as the ``Tax Technical Corrections Act of 2018''.

(b) Amendment of Internal Revenue Code of 1986.--Except as otherwise expressly provided, whenever in this division an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this division is as follows:

Sec. 1. Short title; table of contents; etc.

OF 2015.

(a) Amendment Relating to Section 103.-- (1) Section 32(b)(2) is amended-- (A) by striking clauses (ii) and (iii) of subparagraph (B), and (B) by striking so much of subparagraph (B) as precedes ``In the case of a joint return'' and inserting the following: ``(B) Joint returns.--''. (2) Section 32(j)(1) is amended-- (A) in the matter preceding subparagraph (A) by striking ``after 1996'' and inserting ``after 2015'', (B) in subparagraph (B) by inserting ``by substituting in subparagraph (A)(ii) thereof'' after ``, determined'', (C) in subparagraph (B)(i) by striking ``by substituting'' and ``in subparagraph (A)(ii) thereof'', (D) in subparagraph (B)(ii)-- (i) by striking ``by substituting'' and ``in subparagraph (A)(ii) of such section 1'', (ii) by striking ``$3,000'' and inserting ``$5,000'', (iii) by striking ``(b)(2)(B)(iii)'' and inserting ``(b)(2)(B)'', and (iv) by striking ``2007'' and inserting ``2008''.

(b) Amendment Relating to Section 105.--Section 132(f)(6)(A) is amended by striking the second sentence. (c) Amendments Relating to Section 121.--Section 41(c) is amended-- (1) by striking paragraph (4), (2) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively, and (3) by striking the last sentence of paragraph (4)(C) (as so redesignated).

(d) Amendments Relating to Section 143.-- (1) Section 168(k)(2)(B)(i)(III) is amended by inserting ``binding'' before ``contract''. (2) Section 168(k)(5)(B)(ii) is amended-- (A) by inserting ``crop or'' after ``more than one'', and (B) by inserting ``a marketable crop or yield of'' after ``begins bearing''. (3) For purposes of applying section 168(k) of the Internal Revenue Code of 1986, as in effect on the day before the date of the enactment of Public Law 115-97, with respect to property acquired before September 28, 2017, paragraph (6) thereof shall be treated as reading as follows (and as having been included in section 143 of the Protecting Americans from Tax Hikes Act of 2015): ``(6) Phase-down.--In the case of qualified property placed in service by the taxpayer after December 31, 2017 (December 31, 2018, in the case of property described in subparagraph (B) or (C) of paragraph (2)), paragraph (1)(A) shall be applied by substituting for `50 percent'-- ``(A) `40 percent' in the case of--

``(i) property placed in service in 2018 (other than property described in subparagraph (B) or (C) of paragraph (2)), and ``(ii) property described in subparagraph (B) or (C) of paragraph (2) which is placed in service in 2019, and ``(B) `30 percent' in the case of-- ``(i) property placed in service in 2019 (other than property described in subparagraph (B) or (C) of paragraph (2)), and ``(ii) property described in subparagraph (B) or (C) of paragraph (2) which is placed in service in 2020.''. (4) Section 168(k)(7) of the Internal Revenue Code of 1986, as in effect on the day before the date of the enactment of Public Law 115-97, shall be applied-- (A) by substituting ``paragraphs (1), (2)(F), and (4)'' for ``paragraphs (1) and (2)(F)'', and (B) as if the application of such substitution had been included in section 143 of the Protecting Americans from Tax Hikes Act of 2015.

(e) Amendments Relating to Section 167.-- (1) Section 168(j)(3) is amended by striking ``property to which paragraph (1) applies'' and inserting ``qualified Indian reservation property''. (2) Section 168(j)(8) is amended by striking ``this subsection'' and inserting ``paragraph (1)''.

(f) Amendments Relating to Section 202.-- (1) Section 6722(c)(3)(A) is amended-- (A) by striking ``any information return'' in clause (iii) and inserting ``the payee statement'', and (B) by striking ``filed'' in the flush matter at the end and inserting ``furnished''. (2) Section 6721(c)(3)(A) is amended by striking ``any information return'' and inserting ``the information return''. (3) Section 202(e) of the Protecting Americans from Tax Hikes Act of 2015 is amended by striking ``provided'' and inserting ``furnished''.

(g) Amendments Relating to Section 203.-- (1) Section 6109(i)(1)(A)(i) is amended by striking ``community-based certified acceptance agent'' and inserting ``community-based certifying acceptance agent''. (2) Section 6109(i)(1)(B) is amended by striking ``Internal Revenue Service'' and inserting ``Internal Revenue Service, a community-based certifying acceptance agent approved by the Secretary,''. (3) Section 6109(i)(3) is amended-- (A) in subparagraph (A)-- (i) by inserting ``ending after the issuance of such number'' before the period at the end of the first sentence, and (ii) by striking ``on the last day of such third consecutive taxable year'' and inserting ``on the day after the due date for the return of tax for such third consecutive taxable year'', and (B) by striking subparagraph (B)(ii) and inserting the following:

``(ii) if the individual does not file a return of tax (or is not included as a dependent on the return of tax of another taxpayer) for 3 consecutive taxable years at least one of which ends after December 18, 2015, the due date for the return of tax for such third consecutive taxable year.''. (4) Section 203(c) of the Protecting Americans from Tax Hikes Act of 2015 is amended-- (A) by striking ``section 6109(i)(1)(A)(i)'' and inserting ``section 6109(i)(1)'', (B) by striking ``community-based certified acceptance agents'' and inserting ``community-based certifying acceptance agents'', and (C) by striking ``Certified'' in the heading thereof and inserting ``Certifying''. (5) Section 203(f) of the Protecting Americans from Tax Hikes Act of 2015 is amended by striking ``The amendments'' and inserting ``Except to the extent provided in section 6109(i)(3) of the Internal Revenue Code of 1986, the amendments''.

(h) Amendments Relating to Section 204.--Section 204(b) of the Protecting Americans from Tax Hikes Act of 2015 <<NOTE: 26 USC 32 note.>> is amended-- (1) by striking paragraph (2), and (2) by striking so much as precedes ``amendment made by this section'' and inserting the following: ``(b) Effective Date.-- The''.

(i) Amendments Relating to Section 205.-- (1) Section 24(e)(2) is amended by striking ``identifying number'' and inserting ``taxpayer identification number''. (2) Section 205(c) of the Protecting Americans from Tax Hikes Act of 2015 is amended-- (A) by striking paragraph (2), and (B) by striking so much as precedes ``shall apply to any return of tax'' and inserting the following: ``(c) Effective Date.--The amendments made by this section''.

(j) Amendments Relating to Section 206.--Section 206(b) of the Protecting Americans from Tax Hikes Act of 2015 <<NOTE: 26 USC 25A note.>> is amended-- (1) by striking ``Except as provided in paragraph (2), the amendment'' in paragraph (1) and inserting ``The amendment'', and (2) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2).

(k) Amendment Relating to Section 209.--Section 209(d)(2) of the Protecting Americans from Tax Hikes Act of 2015 <<NOTE: 26 USC 6676 note.>> is amended by striking ``amendment made by subsection (b)'' and inserting ``amendments made by subsections (b) and (c)''.

(l) Amendments Related to Sections 102, 206, 207, 208, and 211.-- (1) Section 25A(b)(1) is amended-- (A) in subparagraph (A) by striking ``$1,000'' and inserting ``$2,000'', and (B) in subparagraph (B)-- (i) by striking ``50 percent'' and inserting ``25 percent'',

(ii) by striking ``$1,000'' and inserting ``$2,000'', and (iii) by striking ``the applicable limit'' and inserting ``$4,000''. (2) Subparagraphs (A) and (C) of section 25A(b)(2) are amended by striking ``2'' in the heading and text of each subparagraph and inserting ``4''. (3) Section 25A(b)(4) is amended to read as follows: ``(4) Restrictions on taxpayers who improperly claimed american opportunity tax credit in prior years.-- ``(A) Taxpayers making prior fraudulent or reckless claims.-- ``(i) In general.--No American Opportunity Tax Credit shall be allowed under this section for any taxable year in the disallowance period. ``(ii) Disallowance period.--For purposes of subparagraph (A), the disallowance period is-- ``(I) the period of 10 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of the American Opportunity Tax Credit under this section was due to fraud, and ``(II) the period of 2 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of the American Opportunity Tax Credit under this section was due to reckless or intentional disregard of rules and regulations (but not due to fraud). ``(B) Taxpayers making improper prior claims.--In the case of a taxpayer who is denied the American Opportunity Tax Credit under this section for any taxable year as a result of the deficiency procedures under subchapter B of chapter 63, no American Opportunity Tax Credit shall be allowed under this section for any subsequent taxable year unless the taxpayer provides such information as the Secretary may require to demonstrate eligibility for such credit.''. (4) Section 25A(d) is amended to read as follows:

``(d) Limitations Based on Modified Adjusted Gross Income.-- ``(1) American opportunity tax credit.--The American Opportunity Tax Credit (determined without regard to this paragraph) shall be reduced (but not below zero) by the amount which bears the same ratio to such credit (as so determined) as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $80,000 ($160,000 in the case of a joint return), bears to ``(B) $10,000 ($20,000 in the case of a joint return). ``(2) Lifetime learning credit.--The Lifetime Learning Credit (determined without regard to this paragraph) shall be reduced (but not below zero) by the amount which bears the same ratio to such credit (as so determined) as-- ``(A) the excess of--

``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $40,000 ($80,000 in the case of a joint return), bears to ``(B) $10,000 ($20,000 in the case of a joint return). ``(3) Modified adjusted gross income.--For purposes of this subsection, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.''. (5) Section 25A(f)(1) is amended by adding at the end the following new subparagraph: ``(D) Required course materials taken into account for american opportunity tax credit.--For purposes of determining the American Opportunity Tax Credit, subparagraph (A) shall be applied by substituting `tuition, fees, and course materials' for `tuition and fees'.''. (6) Section 25A(g)(1) is amended-- (A) by striking ``No credit'' and inserting the following: ``(A) In general.--No credit'', and (B) by adding at the end the following new subparagraph: ``(B) Additional identification requirements with respect to american opportunity tax credit.-- ``(i) Student.--The requirements of subparagraph (A) shall not be treated as met with respect to the American Opportunity Tax Credit unless the individual's taxpayer identification number was issued on or before the due date for filing the return of tax for the taxable year. ``(ii) Taxpayer.--No American Opportunity Tax Credit shall be allowed under this section if the taxpayer identification number of the taxpayer was issued after the due date for filing the return for the taxable year. ``(iii) Institution.--No American Opportunity Tax Credit shall be allowed under this section unless the taxpayer includes the employer identification number of any institution to which qualified tuition and related expenses were paid with respect to the individual.''. (7) Section 25A(h) is amended to read as follows:

``(h) Inflation Adjustment.-- ``(1) In general.--In the case of a taxable year beginning after 2001, the $40,000 and $80,000 amounts in subsection (d)(2) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2000' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000.''. (8) Section 25A(i) is amended to read as follows:

``(i) Portion of American Opportunity Tax Credit Made Refundable.-- Forty percent of so much of the credit allowed under

subsection (a) as is attributable to the American Opportunity Tax Credit (determined after application of subsection (d) and without regard to this paragraph and section 26(a)) shall be treated as a credit allowable under subpart C (and not allowed under subsection (a)). The preceding sentence shall not apply to any taxpayer for any taxable year if such taxpayer is a child to whom subsection (g) of section 1 applies for such taxable year.''. (9) The heading of section 25A is amended by striking ``<SUP>hope</SUP>'' and inserting ``<SUP>american</SUP> opportunity</SUP>''. (10) The item relating to section 25A in the table of contents for subpart A of part IV of subchapter A of chapter 1 is amended to read as follows:

``Sec. 25A. American Opportunity and Lifetime Learning credits.''.

(11) The heading of section 25A(b) is amended by striking ``Hope Scholarship Credit'' and inserting ``American Opportunity Tax Credit''. (12) The heading of section 25A(b)(2) is amended by striking ``hope scholarship credit'' and inserting ``american opportunity tax credit''. (13) The heading of section 25A(c)(2)(A) is amended by striking ``hope scholarship'' and inserting ``american opportunity tax credit''. (14) Section 25A, as amended by the preceding provisions of this Act, is amended by striking ``Hope Scholarship Credit'' each place it appears in the text and inserting ``American Opportunity Tax Credit''. (15) The heading of section 529(c)(3)(B)(v) is amended by striking ``hope'' and inserting ``american opportunity''. (16) The heading of section 530(d)(2)(C) is amended by striking ``hope'' and inserting ``american opportunity''. (17) Section 6211(b)(4)(A), as amended by this Act, is amended by striking ``subsection (i)(5)'' and inserting ``subsection (i)''. (18) Section 6213(g)(2)(Q) is amended to read as follows: ``(Q) an omission of information required by section 25A(b)(4)(B) or an entry on the return claiming the American Opportunity Tax Credit for a taxable year for which such credit is disallowed under section 25A(b)(4)(A).''. (19) Section 207(b)(1) of the Protecting Americans from Tax Hikes Act of 2015 is amended by striking ``the American opportunity tax credit under section 25A(i) of such Code'' and inserting ``the American Opportunity Tax Credit under section 25A of such Code''.

(m) Amendment Relating to Section 311.-- (1) The last sentence of section 355(h)(2)(B) is amended by striking ``80 percent'' both places it appears and inserting ``at least 80 percent''. (2) Section 355(h)(2) is amended-- (A) by striking ``spinoffs'' in the heading of such paragraph and inserting ``distributions'', and (B) by striking ``Spinoffs'' in the headings of subparagraphs (A) and (B) and inserting ``Distributions''.

(n) Amendment Relating to Section 318.-- (1) Section 856(c)(9)(A) is amended-- (A) by striking ``Personal property'' and inserting the following:

``(i) In general.--Personal property'', and (B) by adding at the end the following new clause: ``(ii) Treatment of gain on disposition.--If-- ``(I) personal property is leased under, or in connection with, a lease of real property, for a period of not less than 1 year, and rents attributable to such personal property are treated as rents from real property under subsection (d)(1)(C), ``(II) any portion of such personal property and any portion of such real property are sold, or otherwise disposed of, in a single disposition (or contemporaneously in separate dispositions), and ``(III) the fair market value of the personal property so sold or contemporaneously disposed of (determined at the time of disposition) does not exceed 15 percent of the total fair market value of all of the personal and real property so sold or contemporaneously disposed of (determined at the time of disposition), any gain from such dispositions shall be treated for purposes of paragraphs (2)(H) and (3)(H) as gain from the disposition of a real estate asset.''. (2) Section 856(c)(9)(B) is amended to read as follows: ``(B) Certain personal property mortgaged in connection with real property.-- ``(i) In general.--In the case of an obligation secured by a mortgage on both real property and personal property, if the fair market value of such personal property does not exceed 15 percent of the total fair market value of all such property, such obligation shall be treated-- ``(I) for purposes of paragraph (3)(B), as an obligation described therein, ``(II) for purposes of paragraph (4)(A), as a real estate asset, and ``(III) for purposes of paragraphs (2)(D) and (3)(C), as a mortgage on real property. ``(ii) Determination of fair market value.-- ``(I) In general.--Except as provided in subclause (II), the fair market value of all such property shall be determined for purposes of clause (i) in the same manner as the fair market value of real property is determined for purposes of apportioning interest income between real property and personal property under paragraph (3)(B). ``(II) Gain on disposition.--For purposes of applying clause (i)(III), fair market value shall be determined at the time of sale or other disposition.''.

(o) Amendment Related to Section 302(b).--Section 529A(c)(1) is amended by striking subparagraph (D). (p) Amendments Relating to Section 322.-- (1) Section 897(k)(2) is amended-- (A) by striking so much of subparagraph (B) as precedes ``amounts realized by the qualified shareholder'' and inserting the following:

``(B) Exception.--In the case of a qualified shareholder with one or more applicable investors-- ``(i) subparagraph (A)(i) shall not apply to the applicable percentage of the stock of the real estate investment trust held by the qualified shareholder, and ``(ii) the applicable percentage of the'', and (B) by adding at the end the following new subparagraph: ``(F) Applicable percentage.--For purposes of subparagraph (B), the term `applicable percentage' means the percentage of the value of the interests (other than interests held solely as a creditor) in the qualified shareholder held by applicable investors.''. (2) Section 897(k)(2)(D) is amended by striking ``paragraph'' and inserting ``subsection''. (3) Section 897(k)(2)(E) is amended by striking ``and (C) and paragraph (4)'' and inserting ``and (D)''. (4) Section 897(k)(3)(B)(i) is amended by striking so much as precedes ``for a reduced rate of withholding'' and inserting the following: ``(i) which-- ``(I) is eligible for benefits under the comprehensive income tax treaty described in subparagraph (A)(i)(I), but only if the dividends article of such treaty imposes conditions on the benefits allowable in the case of dividends paid by a real estate investment trust, and ``(II) is eligible under such treaty''. (5) Section 897(k)(3)(B)(ii) is amended-- (A) by adding ``and'' at the end of subclause (II), and (B) by striking ``United States corporation'' in subclause (III) and inserting ``domestic corporation''. (6) Section 322 of the Protecting Americans from Tax Hikes Act of 2015 is amended by striking subsections (b)(2) and (c)(3), and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments made thereby, had never been enacted. (7) Section 322(c)(2) of such Act is amended by striking ``take effect on'' and inserting the following: ``apply with respect to testing periods (as defined in section 897(h)(4)(D) of the Internal Revenue Code of 1986) ending on or after''.

(q) Amendments Related to Section 323.-- (1) So much of subsection (l) of section 897 as precedes paragraph (2) thereof is amended to read as follows:

``(l) Exception for Qualified Foreign Pension Funds.-- ``(1) In general.--For purposes of this section, a qualified foreign pension fund shall not be treated as a nonresident alien individual or a foreign corporation. For purposes of the preceding sentence, an entity all the interests of which are held by a qualified foreign pension fund shall be treated as such a fund.''. (2) Subparagraph (B) of section 897(l)(2) is amended to read as follows: ``(B) which is established-- ``(i) by such country (or one or more political subdivisions thereof) to provide retirement or pension

benefits to participants or beneficiaries that are current or former employees (including self- employed individuals) or persons designated by such employees, as a result of services rendered by such employees to their employers, or ``(ii) by one or more employers to provide retirement or pension benefits to participants or beneficiaries that are current or former employees (including self-employed individuals) or persons designated by such employees in consideration for services rendered by such employees to such employers,''. (3) Section 897(l)(2)(D) is amended by striking ``provides annual information reporting about its beneficiaries to the relevant tax authorities'' and inserting ``with respect to which annual information about its beneficiaries is provided, or is otherwise available, to the relevant tax authorities''. (4) Section 897(l)(2)(E) is amended-- (A) by striking ``such entity'' in clause (i) and inserting ``such entity or arrangement'', and (B) by striking ``or such income is taxed at a reduced rate'' in clause (ii) and inserting ``, or such income is excluded from the gross income of such entity or arrangement or is taxed at a reduced rate''.

(r) Amendments Relating to Section 333.-- (1) Section 831(b)(2)(B)(i)(II) is amended by striking ``specified assets'' and inserting ``relevant specified assets'' (2) Section 831(b)(2)(B) is amended by redesignating clause (ii) as clause (iv) and by inserting after clause (i) the following new clauses: ``(ii) Aggregation of certain spousal interests.--For purposes of clause (i)(II), any interest in the insurance company referred to in such clause which is held (directly or indirectly) by an individual who is a spouse of the specified holder, and who is a citizen of the United States, shall be treated as held by the specified holder. ``(iii) Specified holder.--For purposes of this subparagraph, the term `specified holder' means, with respect to any insurance company, any individual who holds (directly or indirectly) an interest in such insurance company and who-- ``(I) is a lineal descendent (including by adoption) of an individual who holds an interest (directly or indirectly) in the specified assets with respect to such insurance company or of such individual's spouse, ``(II) is a spouse of any lineal descendent described in subclause (I), or ``(III) is not a citizen of the United States and is a spouse of an individual who holds an interest (directly or indirectly) in the specified assets with respect to such insurance company.''. (3) Section 831(b)(2)(B)(iv), as redesignated by paragraph (2), is amended-- (A) by striking ``clause (i)(II)'' in the matter preceding subclause (I) and inserting ``this subparagraph'', and (B) by amending subclause (I) to read as follows:

``(I) Relevant specified assets.-- The term `relevant specified assets' means, with respect to any specified holder with respect to any insurance company, the aggregate amount of the specified assets, with respect to such insurance company, any interest in which is held (directly or indirectly) by any spouse or specified relation of such specified holder. Such term shall not include any specified asset solely by reason of an interest in such asset which was acquired by such spouse or specified relation by bequest, devise, or inheritance from a decedent during the taxable year of the insurance company or the preceding taxable year. For purposes of this subclause, the term `specified relation' means any individual with respect to whom the specified holder bears a relationship described in subclause (I) or (II) of clause (iii).''. (4) Section 831(b)(2) is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: ``(D) Look-through of reinsurance and fronting arrangements.--In the case of reinsurance or any fronting, intermediary, or similar arrangement, the term `policyholder' means each policyholder of the underlying direct written insurance with respect to such reinsurance or arrangement.''.

(s) Effective Date.--The amendments made by this section shall take effect as if included in the provision of the Protecting Americans from Tax Hikes Act of 2015 to which they relate.

APPROPRIATIONS ACT, 2016.

(a) Amendment Relating to Section 305 of Division P.--For purposes of applying section 199(c)(3)(C)(i) of the Internal Revenue Code of 1986 (as in effect before its repeal by Public Law 115-97) to taxable years beginning after December 31, 2015, and before January 1, 2018, such section shall be applied-- (1) by inserting ``who elects the application of this clause for any taxable year,'' after ``In the case of any taxpayer'', (2) by substituting ``, and who'' for ``and who'', (3) by substituting ``such taxable year'' for ``the taxable year'', and (4) by substituting ``(as defined in subsection (d)(9)(B))'' for ``under subsection (d)(9)(B)''.

(b) Effective Date.--The amendment made by this section shall take effect as if included in section 305 of division P of the Consolidated Appropriations Act, 2016.

ACT.

(a) Amendments Relating to Section 32101.-- (1) Section 7345(e)(1) is amended-- (A) by striking ``or the Tax Court'' and inserting ``, or against the Commissioner in the Tax Court,'', and (B) by adding at the end the following: ``For purposes of the preceding sentence, the court first acquiring jurisdiction over such an action shall have sole jurisdiction.''.

(2) Section 7345(f) is amended by striking ``subsection (a)'' and inserting ``subsection (b)(1)(B)''.

(b) Effective Date.--The amendments made by this section shall take effect as if included in section 32101 of the Fixing America's Surface Transportation Act.

HEALTH CARE CHOICE IMPROVEMENT ACT OF 2015.

(a) Amendment Relating to Section 2004.--Section 6662(k) is amended to read as follows: ``(k) Inconsistent Estate Basis Reporting.--For purposes of this section, the term `inconsistent estate basis' means any portion of an underpayment attributable to the failure to comply with section 1014(f).''. (b) Amendments Relating to Section 2008.--Section 9503(e)(2) is amended-- (1) by striking ``per gallon'' in subparagraph (C) and inserting ``per energy equivalent of a gallon of diesel (as defined in section 4041(a)(2)(D))'', and (2) by striking ``per gallon'' in subparagraph (D) and inserting ``per energy equivalent of a gallon of gasoline (as defined in section 4041(a)(2)(C))''.

(c) Effective Date.--The amendments made by this section shall take effect as if included in the provision of the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 to which they relate.

(a) Amendments Relating to Section 208.--Section 208(h) of the Stephen Beck, Jr., ABLE Act of 2014 is amended-- (1) by striking so much as precedes ``made by this section'' and inserting the following:

``(h) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2), the amendments'', (2) by inserting ``, and statements required to be furnished,'' after ``returns required to be filed'', and (3) by adding at the end the following new paragraph: ``(2) Subsection (c).--The amendment made by subsection (c) shall apply to returns or claims for refund filed after December 31, 2014.''.

(b) Effective Date.--The amendments made by this section shall take effect as if included in section 208 of the Stephen Beck, Jr., ABLE Act of 2014.

(a) Amendment Relating to Section 104.--Section 6211(b)(4)(A) is amended by striking ``subsection (i)(6)'' and inserting ``subsection (i)(5)''. (b) Effective Date.--The amendment made by this section shall take effect as if included in section 104 of the American Taxpayer Relief Act of 2012.

IMPLEMENTATION ACT.

(a) Amendment Relating to Section 501.--Section 501(b) of the United States-Korea Free Trade Agreement Implementation Act is <<NOTE: 19 USC 3805 note.>> amended by striking ``returns required to be filed'' and inserting ``documents prepared''.

(b) Effective Date.--The amendment made by this section shall take effect as if included in section 501 of the United States-Korea Free Trade Agreement Implementation Act.

(a) Amendment Relating to Section 11125.--Section <<NOTE: 26 USC 5681.>> 5681(b) is amended by striking ``who has paid the special tax (or who is exempt from payment of such special tax by reason of the provisions of section 5113(a))'' and inserting ``who meets the requirements of section 5121(a) and section 5124 (or who is exempt from such requirements by reason of section 5121(b))''.

(b) Effective Date.--The amendment made by this section shall take effect as if included in section 11125 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users.

(a) Amendment Relating to Section 233.--Section 1361(c)(2)(B)(vi) is amended by striking ``a shareholder'' and inserting ``the shareholder''. (b) Amendment Relating to Section 319.--Section 501(c)(12)(E) is amended by striking ``means the Federal Energy Regulatory Commission'' and all that follows and inserting: ``means-- ``(i) the Federal Energy Regulatory Commission, or ``(ii) in the case of any utility with respect to which all of the electricity generated, transmitted, or distributed by such utility is generated, transmitted, distributed, and consumed in the same State, the State agency of such State with the authority to regulate electric utilities.''.

(c) Effective Date.--The amendments made by this section shall take effect as if included in section 319 of the American Jobs Creation Act of 2004.

(a) In General.--Section 6241(2) is amended to read as follows: ``(2) Partnership adjustment.-- ``(A) In general.--The term `partnership adjustment' means any adjustment to a partnership-related item. ``(B) Partnership-related item.--The term `partnership-related item' means--

``(i) any item or amount with respect to the partnership (without regard to whether or not such item or amount appears on the partnership's return and including an imputed underpayment and any item or amount relating to any transaction with, basis in, or liability of, the partnership) which is relevant (determined without regard to this subchapter) in determining the tax liability of any person under chapter 1, and ``(ii) any partner's distributive share of any item or amount described in clause (i).''.

(b) Coordination With Other Chapters.-- (1) In general.--Section 6241 is amended by adding at the end the following new paragraph: ``(9) Coordination with other chapters.-- ``(A) In general.--This subchapter shall not apply with respect to any tax imposed (including any amount required to be deducted or withheld) under chapter 2, 2A, 3, or 4, except that any partnership adjustment determined under this subchapter for purposes of chapter 1 shall be taken into account for purposes of determining any such tax to the extent that such adjustment is relevant to such determination. ``(B) Timing of withholding.--In the case of any tax imposed (including any amount required to be deducted or withheld) under chapter 3 or 4, which is determined with respect to an adjustment described in subparagraph (A), such tax-- ``(i) shall be so determined with respect to the reviewed year, and ``(ii) shall be so imposed (or so required to be deducted or withheld) with respect to the adjustment year. ``(C) Statute of limitation on assessment.--For special rule with respect to limitation on assessment of taxes under chapter 2 or 2A which are attributable to any partnership adjustment, see section 6501(c)(12).''. (2) Special rule.--Section 6501(c) is amended by adding at the end the following new paragraph: ``(12) Certain taxes attributable to partnership adjustments.--In the case of any partnership adjustment determined under subchapter C of chapter 63, the period for assessment of any tax imposed under chapter 2 or 2A which is attributable to such adjustment shall not expire before the date that is 1 year after-- ``(A) in the case of an adjustment pursuant to the decision of a court in a proceeding brought under section 6234, such decision becomes final, or ``(B) in any other case, 90 days after the date on which the notice of the final partnership adjustment is mailed under section 6231.''.

(c) Conforming Amendments.-- (1) Section 6211(c) is amended to read as follows:

``(c) Coordination With Subchapter C.--In determining the amount of any deficiency for purposes of this subchapter, adjustments to partnership-related items shall be made only as provided in subchapter C.''.

(2) Section 6221(a) is amended to read as follows:

``(a) In General.--Any adjustment to a partnership-related item shall be determined, and any tax attributable thereto shall be assessed and collected, and the applicability of any penalty, addition to tax, or additional amount which relates to an adjustment to any such item shall be determined, at the partnership level, except to the extent otherwise provided in this subchapter.''. (3) Section 6222(a) is amended to read as follows:

``(a) In General.--A partner shall, on the partner's return, treat any partnership-related item in a manner which is consistent with the treatment of such item on the partnership return.''. (4) Section 6226(a)(2) is amended by striking ``any adjustment to income, gain, loss, deduction, or credit'' and inserting ``any adjustment to a partnership-related item''. (5) Section 6227(a) is amended by striking ``items of income, gain, loss, deduction, or credit of the partnership'' and inserting ``partnership-related items''. (6) Section 6231(a)(1) is amended by striking ``any item of income, gain, loss, deduction, or credit of a partnership for a partnership taxable year'' and inserting ``any partnership- related item for any partnership taxable year''. (7) Section 6234(c) is amended by striking ``all items of income, gain, loss, deduction, or credit of the partnership'' and inserting ``all partnership-related items''. (8) Section 7485(b) is amended by striking ``partnership items'' and inserting ``partnership-related items (as defined in section 6241)''.

(a) In General.--Section 6225(b) is amended to read as follows: ``(b) Determination of Imputed Underpayments.--For purposes of this subchapter-- ``(1) In general.--Except as otherwise provided in this section, any imputed underpayment with respect to any reviewed year shall be determined by the Secretary by-- ``(A) appropriately netting all partnership adjustments with respect to such reviewed year, and ``(B) applying the highest rate of tax in effect for the reviewed year under section 1 or 11. ``(2) Adjustments to distributive shares of partners not netted.--In the case of any adjustment which reallocates the distributive share of any item from one partner to another, such adjustment shall be taken into account by disregarding so much of such adjustment as results in a decrease in the amount of the imputed underpayment. ``(3) Adjustments separately netted by category.--For purposes of paragraph (1)(A), partnership adjustments for any reviewed year shall first be separately determined (and netted as appropriate) within each category of items that are required to be taken into account separately under section 702(a) or other provision of this title. ``(4) Limitation on adjustments that may be taken into account.--If any adjustment would (but for this paragraph)-- ``(A) result in a decrease in the amount of the imputed underpayment, and ``(B) could be subject to any additional limitation under the provisions of this title (or not allowed, in whole or

in part, against ordinary income) if such adjustment were taken into account by any person, such adjustment shall not be taken into account under paragraph (1)(A) except to the extent otherwise provided by the Secretary.''.

(b) Modifications of Imputed Underpayments.-- (1) Section 6225(c)(3) is amended by striking ``without regard to the portion thereof'' and inserting ``without regard to the portion of the adjustment''. (2) Section 6225(c)(4)(A) is amended by striking ``with respect to any portion of the imputed underpayment'' and inserting ``with respect to any portion of the adjustment''. (3) Section 6225(c)(5)(A)(i) is amended by striking ``without regard to the portion thereof'' and inserting ``without regard to the portion of the adjustment''.

(c) Conforming Amendments.-- (1) Section 6225(a) is amended to read as follows:

``(a) In General.--In the case of any adjustments by the Secretary to any partnership-related items with respect to any reviewed year of a partnership-- ``(1) if such adjustments result in an imputed underpayment, the partnership shall pay an amount equal to such imputed underpayment in the adjustment year as provided in section 6232, and ``(2) if such adjustments do not result in an imputed underpayment, such adjustments shall be taken into account by the partnership in the adjustment year.''. (2) Section 6225(c) is amended by adding at the end the following new paragraph: ``(9) Modification of adjustments not resulting in an imputed underpayment.--The Secretary shall establish procedures under which the adjustments described in subsection (a)(2) may be modified in such manner as the Secretary determines appropriate.''.

OF MODIFYING IMPUTED UNDERPAYMENT.

(a) In General.--Section 6225(c)(2) is amended to read as follows: ``(2) Procedures for partners to take adjustments into account.-- ``(A) Amended returns of partners.--Such procedures shall provide that if-- ``(i) one or more partners file returns for the taxable year of the partners which includes the end of the reviewed year of the partnership (and for any taxable year with respect to which any tax attribute is affected by reason of any adjustment referred to in clause (ii)), ``(ii) such returns take into account all adjustments under subsection (a) properly allocable to such partners (and the effect of such adjustments on any tax attributes), and ``(iii) payment of any tax due is included with such returns,

then the imputed underpayment amount shall be determined without regard to the portion of the adjustments so taken into account. ``(B) Alternative procedure to filing amended returns.--Such procedures shall provide that, with respect to any partner referred to in subparagraph (A), the requirements of subparagraph (A) shall be treated as satisfied with respect to adjustments properly allocable to such partner if, in lieu of filing the returns described in such subparagraph-- ``(i) the amounts described in subparagraph (A)(iii) are paid by the partner, ``(ii) the partner agrees to take into account, in the form and manner prescribed by the Secretary, the adjustments to the tax attributes of such partner referred to in subparagraph (A)(ii), and ``(iii) such partner provides, in the form and manner specified by the Secretary (including, if the Secretary so specifies, in the same form as on an amended return), such information as the Secretary may require to carry out this subparagraph. ``(C) Reallocation of distributive share.--In the case of any adjustment which reallocates the distributive share of any item from one partner to another, this paragraph shall apply with respect to any such partner only if the requirements of subparagraph (A) or (B) are satisfied with respect to all partners affected by such adjustment. ``(D) Application of statute of limitations.--In the case of adjustments referred to in subparagraph (A)(ii), sections 6501 and 6511 shall not apply with respect to any return filed for purposes of subparagraph (A)(i) or any amount paid under subparagraph (A)(iii) or (B)(i). ``(E) Adjustments to tax attributes binding for affected taxable years of partner.--The adjustments to the tax attributes of any partner provided for in subparagraph (A)(ii) or (B)(ii) shall be binding with respect to the taxable year of the partner which includes the end of the reviewed year of the partnership and any taxable years for which any tax attribute is affected by such adjustment. Any failure to so treat any such tax attribute shall be treated for purposes of this title in the same manner as a failure to treat a partnership-related item in a manner which is consistent with the treatment of such item on the partnership return within the meaning of section 6222. ``(F) Application to partnerships and s corporations in tiered structures.-- ``(i) In general.--In the case of any partnership any partner of which is a partnership, subparagraph (A) or (B) may apply with respect to any partner (hereafter in this subparagraph referred to as the `relevant partner') in the chain of ownership of such partnerships if-- ``(I) such information as the Secretary may require is furnished to the Secretary for purposes of carrying out this paragraph with respect to such

partnerships (including any information the Secretary may require with respect to any chain of ownership of the relevant partner), and ``(II) to such extent as the Secretary may require, each partnership in the chain of ownership between the relevant partner and the audited partnership satisfies the requirements of subparagraph (A) or (B). ``(ii) Treatment of s corporations.--For purposes of clause (i), an S corporation and its shareholders shall be treated in the same manner as a partnership and its partners.''.

(b) Conforming Amendment.--Section 6201(a)(1) <<NOTE: 26 USC 6201.>> is amended by inserting ``(or payments under section 6225(c)(2)(B)(i))'' after ``returns or lists''.

(a) In General.--Section 6226(b) is amended by adding at the end the following new paragraph: ``(4) Treatment of partnerships and s corporations in tiered structures.-- ``(A) In general.--If a partner which receives a statement under subsection (a)(2) is a partnership or an S corporation, such partner shall, with respect to the partner's share of the adjustment-- ``(i) file with the Secretary a partnership adjustment tracking report which includes such information as the Secretary may require, and ``(ii)(I) furnish statements under rules similar to the rules of subsection (a)(2), or ``(II) if no such statements are furnished, compute and pay an imputed underpayment under rules similar to the rules of section 6225 (other than paragraphs (2), (7), and (9) of subsection (c) thereof). ``(B) Due date.--For purposes of subparagraph (A), with respect to a partner's share of the adjustment, the partnership adjustment tracking report shall be filed, and the imputed underpayment shall be paid or statements shall be furnished, not later than the due date for the return for the adjustment year of the audited partnership. ``(C) Partnership payment of tax if elected out of subchapter.--In the case of a partnership which has elected the application of section 6221(b) with respect to the taxable year of the partnership which includes the end of the reviewed year of the audited partnership, this paragraph shall apply notwithstanding such election. ``(D) Audited partnership.--For purposes of this paragraph, the term `audited partnership' means, with respect to any partner described in subparagraph (A), the partnership in the chain of ownership originally electing the application of this section. ``(E) Treatment of trusts.--The Secretary shall prescribe such rules as may be necessary with respect to trusts which receive a statement under subsection (a)(2).''.

(b) Conforming Amendments.--

(1) Section 6226(b)(1) is amended by striking ``Each partner's'' and inserting ``Except as provided in paragraph (4), each partner's''. (2) Section 6226(c)(2) is amended by inserting ``or which is described in subsection (b)(4)(A)(ii)(I),'' after ``is elected,''.

UNDERPAYMENT.

(a) In General.--Section 6232 is amended by adding at the end the following new subsection: ``(f) Failure to Pay Imputed Underpayment.-- ``(1) In general.--If any amount of any imputed underpayment to which section 6225 applies or any specified similar amount (or any interest or penalties with respect to any such amount) has not been paid by the date which is 10 days after the date on which the Secretary provides notice and demand for such payment-- ``(A) section 6621(a)(2)(B) shall be applied by substituting `5 percentage points' for `3 percentage points' with respect to such amount, and ``(B) the Secretary may assess upon each partner of the partnership (determined as of the close of the adjustment year or, if the partnership has ceased to exist as of such time, the former partners of the partnership as determined for purposes of section 6241(7)) a tax equal to such partner's proportionate share of such amount (including any such interest or penalties, determined after application of subparagraph (A)). ``(2) Specified similar amount.--For purposes of this subsection, the term `specified similar amount' means-- ``(A) the amount described in subclause (II) of section 6226(b)(4)(A)(ii) (including any failure to satisfy the requirement of subclause (I) of such section which is treated as a failure to pay such amount under section 6651(i)), and ``(B) any amount assessed under paragraph (1)(B) upon a partner which is a partnership. ``(3) Proportionate share.--For purposes of paragraph (1), a partner's proportionate share is such percentage as the Secretary may determine on the basis of such partner's distributive share. The Secretary shall make determinations under the preceding sentence such that the aggregate proportionate shares so determined total 100 percent. ``(4) Coordination with partnership liability.--The liability of the partnership for any amount with respect to which a partner is made liable under paragraph (1) shall be reduced upon payment by the partner of such amount. Paragraph (1)(B) shall not apply with respect to any amount after the date on which such amount is paid by the partnership. ``(5) S corporations.--For purposes of this subsection, an S corporation and its shareholders shall be treated in the same manner as a partnership and its partners. ``(6) Rules related to assessment and collection-- ``(A) Deficiency procedures not applicable.-- Subchapter B shall not apply to any assessment or collection under this paragraph.

``(B) Limitation on assessment.--Except as otherwise provided in this subtitle, no assessment may be made (or proceeding in court begun without assessment) with respect to any partner with respect to an amount under paragraph (1) after the date which is 2 years after the date on which the Secretary provides the notice and demand referred to in paragraph (1) with respect to such amount.''.

(b) Conforming Amendment.--Section 6501(c)(4) <<NOTE: 16 USC 6501.>> (A) is amended by striking ``in this section''.

RULES.

(a) Limitation on Amendment of Statements Furnished to Partners Not Applicable to Partnerships Electing Out of Partnership Audit Rules.-- Section 6031(b) is amended by striking the last sentence and inserting the following: ``Information required to be furnished by the partnership under this subsection may not be amended after the due date of the return under subsection (a) to which such information relates, except-- ``(1) in the case of a partnership which has elected the application of section 6221(b) for the taxable year, ``(2) as provided in the procedures under section 6225(c), ``(3) with respect to statements under section 6226, or ``(4) as otherwise provided by the Secretary.''.

(b) Administrative Adjustment Request and Partnership Adjustment Tracking Report Not Treated as Amended Return for Purposes of Modification of Imputed Underpayments.--Section 6225(c)(2), as amended by the preceding provisions of this Act, is amended by adding at the end the following new subparagraph: ``(F) Adjustments not treated as amended return.--An administrative adjustment request under section 6227 and a partnership adjustment tracking report under section 6226(b)(4)(A) shall not be treated as a return for purposes of this paragraph.''.

(c) Authority to Require e-filing of Materials in Connection With Modification of Imputed Underpayments, etc.--Section 6241, as amended by the preceding provisions of this Act, is amended by adding at the end the following new paragraph: ``(10) Authority to require electronic filing.-- Notwithstanding section 6011(e), the Secretary may require that anything required to be filed or submitted under section 6225(c), or to be furnished to or filed with the Secretary under section 6226, be so filed, submitted, or furnished by magnetic media or in other machine-readable form.''.

(d) Clarification of Assessment Authority.--Section 6226(a) is amended by inserting ``(and no assessment of tax, levy, or proceeding in any court for the collection of such underpayment shall be made against such partnership)'' after ``section 6225 shall not apply with respect to such underpayment''. (e) Treatment of Partnership Adjustments That Result in Decrease in Tax in Case of Election to Push Out Adjustments.--Section 6226(b) is amended-- (1) by striking ``increased'' in paragraph (1) and inserting ``adjusted'', (2) by striking ``adjustment amounts'' each place it appears in paragraphs (1) and (2) and inserting ``correction amounts'',

(3) by striking ``increase'' each place it appears in subparagraphs (A) and (B) of paragraph (2) and inserting ``increase or decrease'', (4) by striking ``plus'' at the end of paragraph (2)(A) and inserting ``and'', and (5) by striking ``Adjustment amounts'' in the heading of paragraph (2) and inserting ``Correction amounts''.

(f) Coordination of Statute of Limitation on Filing Administration Adjustment Request With Adjustments Related to Foreign Tax Credits.-- Section 6227 is amended by adding at the end the following new subsection:

``(d) Coordination With Adjustments Related to Foreign Tax Credits.--The Secretary shall issue regulations or other guidance which provide for the proper coordination of this section and section 905(c).''. (g) Clarification of Assessment of Imputed Underpayments.-- (1) In general.--Section 6232(a) is amended by striking ``except that in the case of'' and all that follows and inserting the following: ``except that-- ``(1) subchapter B of chapter 63 shall not apply, and ``(2) in the case of an administrative adjustment request to which section 6227(b)(1) applies, the underpayment shall be paid and may be assessed when the request is filed.''. (2) Conforming amendment.--Section 6232(b) is amended-- (A) by striking ``assessment of a deficiency'' and inserting ``assessment of an imputed underpayment'', and (B) by adding at the end the following new flush matter:

``The preceding sentence shall not apply in the case of a specified similar amount (as defined in subsection (f)(2)).''. (h) Time Limitation for Notice of Proposed Adjustment.-- (1) In general.--Section 6231 is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following new subsection:

``(b) Timing of Notices.-- ``(1) Notice of proposed partnership adjustment.--Any notice of a proposed partnership adjustment shall not be mailed later than the date determined under section 6235 (determined without regard to paragraphs (2) and (3) of subsection (a) thereof). ``(2) Notice of final partnership adjustment.-- ``(A) In general.--Except to the extent that the partnership elects to waive the application of this subparagraph, any notice of a final partnership adjustment shall not be mailed earlier than 270 days after the date on which the notice of the proposed partnership adjustment is mailed. ``(B) Statute of limitations on adjustment.--For the period of limitations on making adjustments, see section 6235.''. (2) Conforming amendment.--Section 6231(a) is amended by striking ``Any notice of a final partnership adjustment'' and all that follows through ``Such notices'' and inserting ``Any notice of a final partnership adjustment''.

(i) Deposit to Suspend Interest on Imputed Underpayment.--Section 6233 is amended by adding at the end the following new subsection:

``(c) Deposit to Suspend Interest.--For rules allowing deposits to suspend running of interest on potential underpayments, see section 6603.''. (j) Deposit to Meet Jurisdictional Requirement.--The first sentence of section 6234(b) is amended by striking ``the amount of the imputed underpayment (as of the date of the filing of the petition)'' and inserting ``the amount of (as of the date of the filing of the petition) the imputed underpayment, penalties, additions to tax, and additional amounts with respect to such imputed underpayment''. (k) Corrections Related to Period of Limitation on Making Adjustments.-- (1) Section 6235(a) is amended-- (A) by inserting ``or section 905(c)'' after ``Except as otherwise provided in this section'', and (B) by striking ``subpart'' and inserting ``subchapter''. (2) Section 6235(a)(3) is amended by striking ``section 6225(c)(7)'' and inserting ``section 6225(c)(7))''. (3) Section 6235(c)(2) is amended by striking ``section 6501(e)(1)(A)'' and inserting ``subparagraph (A) or (C) of section 6501(e)(1)''. (4) Section 6235(c) is amended by adding at the end the following new subparagraphs: ``(5) Information required to be reported.--In the case of a partnership that is required to report any information described in section 6501(c)(8), the time for making any adjustment under this subchapter with respect to any tax return, event, or period to which such information relates shall not expire before the date that is determined under section 6501(c)(8). ``(6) Listed transactions.--If a partnership fails to include on any return or statement any information with respect to a listed transaction as described in section 6501(c)(10), the time for making any adjustment under this subchapter with respect to such transaction shall not expire before the date that is determined under section 6501(c)(10).''. (5) Section 6235 is amended by striking subsection (d).

(l) Treatment of Special Enforcement Matters.--Section 6241, as amended by the preceding provisions of this Act, is amended by adding at the end the following new paragraph: ``(11) Treatment of special enforcement matters.-- ``(A) In general.--In the case of partnership- related items which involve special enforcement matters, the Secretary may prescribe regulations pursuant to which-- ``(i) this subchapter (or any portion thereof) does not apply to such items, and ``(ii) such items are subject to such special rules (including rules related to assessment and collection) as the Secretary determines to be necessary for the effective and efficient enforcement of this title. ``(B) Special enforcement matters.--For purposes of subparagraph (A), the term `special enforcement matters' means--

``(i) failure to comply with the requirements of section 6226(b)(4)(A)(ii), ``(ii) assessments under section 6851 (relating to termination assessments of income tax) or section 6861 (relating to jeopardy assessments of income, estate, gift, and certain excise taxes), ``(iii) criminal investigations, ``(iv) indirect methods of proof of income, ``(v) foreign partners or partnerships, and ``(vi) other matters that the Secretary determines by regulation present special enforcement considerations.''.

(m) United States Shareholders and Certain Other Persons Treated as Partners.--Section 6241, as amended by the preceding provisions of this Act, is amended by adding at the end the following new paragraph: ``(12) United states shareholders and certain other persons treated as partners.-- ``(A) In general.--Except as otherwise provided by the Secretary, in the case of any controlled foreign corporation (as defined in section 957 or 953(c)(1)) which is a partner of a partnership, each United States shareholder (as defined in section 951(b) or 953(c)(1)) with respect to such controlled foreign corporation shall be treated for purposes of this subchapter as a partner of such partnership. For purposes of the preceding sentence, any distributive share of any such United States shareholder with respect to such partnership shall, except as otherwise provided by the Secretary, be equal to such United States shareholder's pro rata share with respect to such controlled foreign corporation (determined under rules similar to the rules of section 951(a)(2)). ``(B) Passive foreign investment companies.--For purposes of subparagraph (A), in the case of a passive foreign investment company (as defined in section 1297), each taxpayer that makes an election under section 1295 with respect to such company shall be treated in the same manner as United States shareholders under subparagraph (A), except that such taxpayer's pro rata share with respect to the passive foreign investment company shall be determined under rules similar to the rules of section 1293(b). ``(C) Regulations or other guidance.--The Secretary shall issue such regulations or other guidance as is necessary or appropriate to carry out the purposes of this paragraph, including regulations which apply the rules of subparagraph (A) in similar circumstances or with respect to similarly situated persons.''.

(n) Penalties Related to Administrative Adjustment Requests and Partnership Adjustment Tracking Reports.-- (1) Failure to pay.--Section 6651 is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection:

``(i) Application to Imputed Underpayment.--For purposes of this section, any failure to comply with section 6226(b)(4)(A)(ii) shall be treated as a failure to pay the amount described in subclause (II) thereof and such amount shall be treated for purposes

of this section as an amount shown as tax on a return specified in subsection (a)(1).''. (2) Failure to file partnership adjustment tracking report.--Section 6698(a) is amended-- (A) in the matter preceding paragraph (1) by inserting ``, or a partnership adjustment tracking report under section 6226(b)(4)(A),'' after ``under section 6031'', (B) in paragraph (1) by inserting ``, or such report,'' after ``such return'', and (C) in paragraph (2)-- (i) by inserting ``or a report'' after ``a return'', and (ii) by inserting ``or 6226(b)(4)(A), respectively'' before the comma at the end. (3) Tax return preparer related penalties.--Section 6696(e)(1) is amended by inserting ``, any administrative adjustment request under section 6227, and any partnership adjustment tracking report under section 6226(b)(4)(A)'' before the period at the end. (4) Frivolous tax submissions.--Section 6702 is amended by adding at the end the following new subsection:

``(f) Partnership Adjustments.--An administrative adjustment request under section 6227 and a partnership adjustment tracking report under section 6226(b)(4)(A) shall be treated as a return for purposes of this section.''. (o) Adjusted Schedule K-1 Treated as Payee Statement.--Section 6724(d)(2) is amended by striking ``or'' at the end of subparagraph (HH), by striking the period at the end of subparagraph (II) and inserting ``, or'', and by inserting after subparagraph (II) the following new subparagraph: ``(JJ) section 6226(a)(2) (relating to statements relating to alternative to payment of imputed underpayment by partnership) or under any other provision of this title which provides for the application of rules similar to such section.''.

(p) Other Clerical Corrections.-- (1) Section 6225(c)(7) is amended by striking ``submitted pursuant to paragraph (1)'' and inserting ``filed or submitted under this subsection''. (2) Section 6227(b) is amended by striking ``is made'' both places it appears and inserting ``is filed''. (3) Section 6227(b)(1) is amended by striking ``paragraphs (2), (6), and (7)'' and inserting ``paragraphs (2), (7), and (9)''. (4) Section 6232(b) is amended by striking ``this chapter'' and inserting ``this subtitle (other than subchapter B of this chapter)''. (5) Section 6232(d)(1)(A) is amended by striking ``a item'' and inserting ``an item''. (6) Section 6232(e) is amended by striking ``thereof''. (7) Section 6241(5) is amended by striking ``sections 6234'' and inserting ``section 6234''. (8) Section 7485(b) is amended by striking ``a partner'' and inserting ``the partnership''. (9) The heading of the first part of subchapter C of chapter 63 is amended to read as follows:

``PART I--IN GENERAL''.

(10) The heading of the second part of subchapter C of chapter 63 is amended to read as follows:

``PART II--PARTNERSHIP ADJUSTMENTS''.

(11) The heading of the third part of subchapter C of chapter 63 is amended to read as follows:

``PART III--PROCEDURE''.

(12) The heading of the fourth part of subchapter C of chapter 63 is amended to read as follows:

``PART IV--DEFINITIONS AND SPECIAL RULES''.

The amendments made by this title shall take effect as if included in section 1101 of the Bipartisan Budget Act of 2015.

(a) Amendments Relating to Section 1101.-- (1) Section 6011(e) is amended by adding at the end the following new paragraph: ``(5) Special rules for partnerships.-- ``(A) Partnerships permitted to be required to file on magnetic media.--In the case of a partnership, paragraph (2)(A) shall be applied by substituting for `250' the following amount: ``(i) In the case of returns and statements relating to calendar year 2018, `200'. ``(ii) In the case of returns and statements relating to calendar year 2019, `150'. ``(iii) In the case of returns and statements relating to calendar year 2020, `100'. ``(iv) In the case of returns and statements relating to calendar year 2021, `50'. ``(v) In the case of returns and statements relating to calendar years after 2021, `20'. ``(B) Partnerships required to file on magnetic media.--Notwithstanding subparagraph (A) and paragraph (2)(A), the Secretary shall require partnerships having more than 100 partners to file returns on magnetic media.''. (2) Section 6011(e)(2) is amended by striking the last sentence.

(b) Effective Date.--The amendments made by this section shall take effect as if included in section 1101 of the Bipartisan Budget Act of 2015.

(a) Amendments Relating to Section 1253.--

(1) Subclause (II) of section 168(e)(3)(B)(vi) <<NOTE: 26 USC 168.>> is amended by striking ``is a qualifying small power production facility'' and all that follows and inserting ``has a power production capacity of not greater than 80 megawatts, or''. (2) The last sentence of section 168(e)(3)(B) is amended by striking ``clause (vi)(I)'' and all that follows and inserting ``subclause (I) or (II) of clause (vi) by reason of being public utility property.''.

(b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

(a) Clerical Corrections.-- (1) The table of subchapters for chapter 1 <<NOTE: 26 USC 1 prec.>> is amended by moving the item relating to subchapter R before the item relating to subchapter S. (2)(A) Sections 22(c)(3)(A)(i)(III), 104(b)(2)(D), 140(a)(3), and 149(b)(3)(A)(i) are each amended by striking ``Veterans' Administration'' and inserting ``Department of Veterans Affairs''. (B) The heading of section 4980H(c)(2)(F) is amended by striking ``Veterans administration'' and inserting ``Department of veterans affairs''. (C) Section 6050H(h)(3)(B)(i) is amended by striking ``Veterans Administration'' and inserting ``Department of Veterans Affairs''. (3) Section 24(d) is amended by redesignating paragraph (5) as paragraph (3). (4) Section 25C(b)(2) is amended by striking ``subsection (c)(2)(B)'' and inserting ``subsection (c)(3)(B)''. (5) Section 25C(d)(3) is amended-- (A) by striking the period at the end of subparagraph (B) and inserting a comma, and (B) by striking the period at the end of subparagraph (D) and inserting ``, and''. (6) Section 25C(g)(2) is amended by striking ``2017..'' and inserting ``2017.''. (7) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended-- (A) by striking the item relating to section 41 which relates to the employee stock ownership credit, and (B) by moving the item relating to section 45K after the item relating to section 45J. (8) Section 38(b)(34) is amended by adding a comma at the end. (9) The heading of section 40(g)(2) is amended by striking ``Aggregration'' and inserting ``Aggregation''. (10) The heading of section 42(e)(2)(B) is amended by striking ``etc,'' and inserting ``etc.,''.

(11)(A) Section 42(d)(4)(C)(i) is amended by striking ``as defined in paragraph (5)(C)'' and inserting ``as defined in paragraph (5)(B)(ii)''. (B) Section 42(f)(5)(B)(ii)(I) is amended by striking ``(d)(6)(C)'' and inserting ``(d)(6)(B)''. (C) Section 42(k)(2)(B) is amended-- (i) by striking ``(d)(6)(B)'' and inserting ``(d)(6)(C)'', and (ii) by striking ``building..'' in clause (ii) and inserting ``building.''. (D) Section 42(m)(1)(B)(ii)(III) is amended by striking ``as defined in subsection (d)(5)(C)'' and inserting ``as defined in subsection (d)(5)(B)(ii)''. (12) Section 42(h)(5)(C)(ii) is amended by striking ``; and'' and inserting ``, and''. (13) Section 42(i)(3)(D)(ii)(I) is amended by striking the period at the end. (14) Section 45(c)(6) is amended by striking ``section 2(27)'' and inserting ``section 1004(27)''. (15) Section 45(c)(7)(A)(i)(II) is amended by striking ``for purpose'' and inserting ``for the purpose''. (16) Section 45(c)(7)(A)(i)(III) is amended by striking the period at the end and inserting ``, or''. (17) Section 45C(b)(2)(A)(ii)(II) is amended by striking ``; and'' and inserting ``, and''. (18) Section 45D(f)(1)(F) is amended by adding ``, and'' at the end. (19) Section 45H(d) is amended by striking ``purposes this'' and inserting ``purposes of this''. (20) Section 48(a)(1) is amended by striking ``(3)(B), and (4)(B)'' and inserting ``and (3)(B)''. (21) Section 48(a)(6)(B) is amended by striking ``property energy property'' and inserting ``energy property''. (22) Section 48(c)(2)(B) is amended by striking ``equal $200'' and inserting ``equal to $200''. (23) Section 48(d)(3) is amended-- (A) by striking ``shall'' in the matter that precedes subparagraph (A), and (B) by inserting ``shall'' before ``not'' in subparagraph (A). (24) Section 49(a)(1)(D)(iii) is amended by striking ``share-holder'' in the last sentence and inserting ``shareholder''. (25) Section 50(b)(2)(A) is amended by striking the period at the end and inserting a semicolon. (26) Section 51(c)(4) is amended by adding a period at the end. (27) Section 51(d)(3)(A)(ii)(II) is amended by adding a comma at the end. (28) Section 51(d)(8) is amended by striking ``food stamp recipient'' in the heading thereof and inserting ``supplemental nutrition assistance program benefits recipient''. (29) Section 51(i)(1)(A) is amended by striking ``entity,'' and inserting ``entity''. (30) Section 58(a)(2)(A) is amended by striking ``461(j)'' and inserting ``461(k)''. (31) Section 62(a)(20) is amended by inserting a comma after ``United States Code''.

(32) Section 62(e)(1) is amended by striking ``(2 U.S.C. 1202)'' and inserting ``(42 U.S.C. 2000e- 16b)''. (33) Section 68(b)(2) is amended by striking ``shall be shall be'' and inserting ``shall be''. (34) The heading of section 82 is amended by striking ``<SUP>for</SUP> expenses</SUP> of</SUP> moving</SUP>'' and inserting ``<SUP>of</SUP> moving</SUP> expenses</SUP>''. (35) The heading of section 84 is amended by striking ``<SUP>political</SUP> organization</SUP>'' and inserting ``<SUP>political</SUP> organizations</SUP>''. (36) Section 105(h)(7)(B) is amended by striking ``subparagraph (A)'' and inserting ``subparagraph (A))''. (37) Section 125(e)(2) is amended by striking ``subparagraphs'' and inserting ``subparagraph''. (38) Section 132(c)(4) is amended by striking ``peforming'' and inserting ``performing''. (39) Section 134(b)(6) is amended by striking ``an combat'' and inserting ``a combat''. (40) Section 137(c) is amended by striking ``section 514'' in the second sentence and inserting ``section 541''. (41) Section 139(c)(2) is amended by striking ``federally'' and inserting ``a federally''. (42) Section 139E(c)(1) is amended by striking ``(43 U.S.C. 1601, et seq.)'' and inserting ``(43 U.S.C. 1601 et seq.)''. (43) Section 139E(c)(3) is amended by striking ``2013'' and inserting ``2014''. (44) Section 3(a) of the Tribal General Welfare Exclusion Act of 2014 is amended by striking ``subsection'' and inserting ``section''. (45) Section 4(c) of such Act is amended by striking ``subsection'' and inserting ``section''. (46) The item relating to section 143 in the table of sections for subpart A of part IV of subchapter B of chapter 1 is amended to read as follows:

``Sec. 143. Mortgage revenue bonds; qualified mortgage bond and qualified veterans' mortgage bond.''.

(47) Section 142(d)(2)(C) is amended by inserting ``section'' before ``42(i)(3)(D)''. (48) Section 163(e)(5)(C)(ii) is amended by inserting ``in'' before ``subsection (i)(1)(B)''. (49) Section 168(d)(3)(B)(i) is amended by inserting a comma after ``real property''. (50) Section 168(e)(3)(C)(i) is amended by striking ``and''. (51) Section 169(d)(5)(B) is amended by inserting ``a'' before ``facility''. (52) Section 170(b)(1)(A)(ix) is amended by inserting ``National'' before ``Agricultural''. (53) Section 172(d)(5) is amended by striking ``section 243'' and inserting ``sections 243''. (54) Section 179D(d)(1)(B) is amended by striking ``which'' and inserting ``such that''. (55) Section 219(f)(1) is amended by striking ``term compensation includes'' in the last sentence and inserting ``term `compensation' includes''. (56) Section 219(g)(8) is amended by striking ``shall each be'' and inserting ``shall be''. (57) Section 223(c)(2)(C) is amended by striking ``section 1871'' and inserting ``section 1861''.

(58) Section 223(d)(2)(A) is amended by striking ``section 213(d)'' and inserting ``section 213(d))''. (59) The item relating to section 280H in the table of sections for part IX of subchapter B of chapter 1 <<NOTE: 26 USC 261 prec.>> is amended to read as follows:

``Sec. 280H. Limitation on certain amounts paid to employee-owners by personal service corporations electing alternative taxable years.''.

(60) Subparagraphs (F) and (G) of section 263(a)(1) are each amended by striking the semicolon at the end and inserting a comma. (61) Section 263(a)(1) is amended by redesignating subparagraphs (I) through (L) as subparagraphs (H) through (K), respectively. (62) Section 280C(a) is amended by striking ``and 1396(a),'' and inserting ``1396(a),''. (63) The heading of section 331 is amended by striking ``<SUP>shareholders</SUP>'' and inserting ``<SUP>shareholder</SUP>''. (64) Section 338(h)(3)(A)(iii) is amended by striking ``paragaraph'' and inserting ``paragraph''. (65) The second sentence of section 355(h)(2)(B) is amended by striking ``of assets''. (66) The heading of subpart C of part III of subchapter C of chapter 1 is amended by striking ``Corporation'' and inserting ``Corporations''. (67) Section 362(a) is amended by striking the comma after ``acquired''. (68) Section 368(a)(2)(F)(vii) is amended by striking ``(15 U.S.C. 80a-2(36))'' and inserting ``(15 U.S.C. 80a-2(a)(36))''. (69) Section 401(a)(2) is amended by striking ``determination).;'' and inserting ``determination));''. (70) Section 401(a)(15) is amended by striking ``a trust'' and inserting ``A trust''. (71) Section 401(a)(32)(A) is amended by striking ``section section'' both places it appears and inserting ``section''. (72) Section 401(c)(2)(A)(iii) is amended by striking ``sections 3121(d)(3)(A), (C), or (D), without regard to paragraph (2) of section 1402(c)'' and inserting ``subparagraph (A), (C), or (D) of section 3121(d)(3), without regard to section 1402(c)(2)''. (73) Section 402(i) is amended by striking ``subparagraph (A) of subsection (d)(4)'' and inserting ``subsection (e)(4)(D)(i)''. (74) Section 404A(c)(4)(B) is amended by striking ``and'' at the end. (75) Section 408(a)(1) is amended by inserting ``or'' after ``subsection (d)(3)''. (76) Section 408(m)(3)(B) is amended by striking ``section 7'' and inserting ``section 5''. (77) Section 408A(d)(3)(B) is amended by adding a period at the end. (78) Section 408A(e)(2)(B) is amended by striking ``the subparagraph (A)'' and inserting ``subparagraph (A)''. (79) Section 409(n)(1)(A)(i) is amended by striking ``securities,,,'' and inserting ``securities,''. (80) Section 409A(b)(3)(B)(i) is amended by striking the semicolon at the end and inserting a comma.

(81) The item relating to section 413 in the table of sections for subpart B of part I of subchapter D of chapter 1 is amended to read as follows:

``Sec. 413. Collectively bargained plans, etc.''.

(82) Section 411(a)(4)(A) is amended by striking the comma at the end and inserting a semicolon. (83) Section 412(c)(1)(A) is amended by adding a period at the end. (84) Section 412(c)(4)(B) is amended by inserting ``section'' before ``433(d)''. (85) Section 412(c)(7)(B)(iii) is amended by striking the comma after ``subchapter D''. (86) Section 413(b)(6) is amended by striking ``and the last sentence of section 4971(a)'' in the last sentence and inserting ``and section 4971(e)''. (87) Section 414(l)(2)(G) is amended by striking ``banks'' in the heading thereof and inserting ``depository institutions''. (88) Section 414(u)(6) is amended by striking ``section 457(b))'' and inserting ``section 457(b)))''. (89) Section 414(x)(1) is amended by striking ``are'' and inserting ``is''. (90) Section 414(y)(1)(C)(i) is amended by striking ``of such Code''. (91) Section 414(y)(2) is amended by striking ``subparagraph'' and inserting ``subparagraphs''. (92) Section 418E is amended by striking ``subsection 432(b)(2)'' each place it appears and inserting ``section 432(b)(2)''. (93) Section 418E(d)(1), as amended by the preceding paragraph, is amended-- (A) by striking ``section 432(b)(2),,'' and inserting ``section 432(b)(2),'', (B) by striking ``section 432(b)(2),)'' and inserting ``section 432(b)(2))'', and (C) by striking ``compare the value of plan assets'' and all that follows through ``for that plan year with'' and inserting ``compare the value of plan assets for that plan year with''. (94) Section 418E(e)(1)(A) is amended to read as follows: ``(A) notify the Secretary and the parties described in section 101(f)(1) of the Employee Retirement Income Security Act of 1974 of that determination, and''. (95) The table of subparts for part I of subchapter D of chapter 1 is amended by striking the item relating to subpart C and inserting the following:

``subpart c--insolvent plans''.

(96) Section 419A(c)(6)(B) is amended by striking ``(42 U.S.C. 300gg-91(d)(3))'' and inserting ``(42 U.S.C. 300gg- 91(d)(3)))''. (97) Section 420(c)(1)(A) is amended by striking ``subsection (e)(1)(D)'' and inserting ``subsection (e)(1)(E)''. (98) Section 424(g) is amended by striking ``section 422(a)(2)'' and inserting ``sections 422(a)(2)''.

(99) Section 430(c)(7)(E)(v)(II) is amended by inserting ``the'' after ``title I of''. (100) Section 430(h)(2)(F) is amended by striking ``section 417(e)(3)(D)(i)'' and inserting ``section 417(e)(3)(D)''. (101) Section 431(d)(2)(B)(i) is amended by striking ``this Act'' and inserting ``the Pension Protection Act of 2006''. (102) Section 432(b)(3)(A)(i) is amended by striking ``in endangered status for such plan year'' and all that follows through ``, whether or not'' and inserting the following: ``in endangered status for such plan year, or would be in endangered status for such plan year but for paragraph (5), whether or not''. (103) Section 432(b)(3)(B) is amended by redesignating the clause (iv) relating to projections of critical and declining status as clause (v). (104) Section 432(b)(3)(D)(iv) is amended by inserting a comma after ``Labor''. (105) Section 432(e)(8)(C)(iii) is amended by striking ``the Secretary shall'' and inserting ``The Secretary shall''. (106) So much of the text of section 432(f)(3) as precedes subparagraph (A) is amended to read as follows: ``During the period beginning on the date of the certification under subsection (b)(3)(A) for the initial critical year and ending on the date of the adoption of a rehabilitation plan--''. (107) Section 432(g)(1) is amended by striking ``subsection (e)(9))'' and inserting ``subsection (e)(9)''. (108) Section 433(c)(5)(C)(ii)(II) is amended by inserting ``of such Act'' after ``title IV''. (109)(A) The heading for section 433 is amended by inserting ``<SUP>for</SUP> csec</SUP> plans</SUP>'' after ``<SUP>funding</SUP> standards</SUP>''. (B) The table of sections for subpart A of part III of subchapter D of chapter 1 is amended by adding at the end the following new item:

``Sec. 433. Minimum funding standards for CSEC plans.''.

(110) The item relating to section 436 in the table of sections for subpart B of part III of subchapter D of chapter 1 is amended to read as follows:

``Sec. 436. Funding-based limits on benefits and benefit accruals under single-employer plans.''.

(111) The heading of section 453B is amended by striking ``<SUP>loss</SUP> disposition</SUP>'' and inserting ``<SUP>loss</SUP> on</SUP> disposition</SUP>''. (112) Section 457(f)(4)(C)(i) is amended-- (A) by striking ``section 9101'' and inserting ``section 8101'', and (B) by striking ``7801),'' and inserting ``7801)),''. (113) Section 457A(d)(4) is amended-- (A) by striking ``case a foreign'' and inserting ``case of a foreign'', and (B) by striking ``had been'' and inserting ``been''. (114) Section 458(b)(9) is amended by striking ``Repurchased'' in the heading thereof and inserting ``Repurchase''. (115) Section 458(c)(1) is amended by striking ``regulations prescribed'' and inserting ``regulations prescribe''. (116) Section 460(b)(2)(A) is amended by inserting a comma after ``first''.

(117)(A) Section 461 is amended by redesignating the second subsection (j) (relating to farming syndicate defined) as subsection (k). (B) Section 461(i)(4) is amended by striking ``subsection (j)'' and inserting ``subsection (k)''. (118) The heading of section 464 is amended by inserting ``<SUP>expenses</SUP>'' after ``<SUP>farming</SUP>''. (119) Section 464(d)(2)(B)(iii) is amended by striking ``subsection (c)(2)(E)'' and inserting ``section 461(k)(2)(E)''. (120) Section 470(d)(2)(B) is amended by striking ``clause (ii)'' and inserting ``subparagraph (A)(ii)''. (121) The item relating to part VIII in the table of parts for subchapter F of chapter 1 is amended to read as follows:

``Part VIII. Certain Savings Entities''.

(122) Section 501(c)(14)(B)(iv) is amended by adding a period at the end. (123) Section 501(c)(19)(B) is amended by striking ``widows,,'' and inserting ``widows,''. (124) Section 501(f)(3)(B) is amended by striking ``section 115(a)'' and inserting ``section 115''. (125) The item relating to section 511 in the table of sections for part III of subchapter F of chapter 1 <<NOTE: 26 USC 511 prec.>> is amended to read as follows:

``Sec. 511. Imposition of tax on unrelated business income of charitable, etc., organizations.''.

(126) Section 512(b)(19)(H)(iii) is amended by striking ``clause (i)(II)'' and inserting ``clause (i)''. (127) Section 529(c)(6) is amended by striking ``an Coverdell'' and inserting ``a Coverdell''. (128) Section 529(e)(3)(A) is amended-- (A) by striking the semicolon at the end of clause (i) and inserting a comma, and (B) by adding ``, and'' at the end of clause (ii). (129) Section 529A(d)(4) is amended by striking ``Achieving a Better Life Experience Act of 2014'' and inserting ``Stephen Beck, Jr., ABLE Act of 2014''. (130) Section 529A(e)(4) is amended by striking ``subparagraph section'' and inserting ``section''. (131) Section 530(d)(9)(B) is amended by striking ``by the'' and inserting ``by''. (132) Section 542(c)(5) is amended by striking the comma at the end and inserting a semicolon. (133) Section 542(c)(7) is amended by striking ``A small'' and inserting ``a small''. (134) Section 543(a)(2)(B)(ii) is amended by striking ``section 563(d)'' and inserting ``section 563(c)''. (135) Section 543(d)(5)(A)(ii) is amended by striking ``section 563(d)'' and inserting ``section 563(c)''. (136) Section 613A(c)(7)(B) is amended by striking ``taxpayers'' and inserting ``taxpayer's''. (137) Section 642(c)(1) is amended by striking ``other then'' and inserting ``other than''.

(138) The item relating to section 661 in the table of sections for subpart C of part I of subchapter J of chapter 1 is amended to read as follows:

``Sec. 661. Deduction for estates and trusts accumulating income or distributing corpus.''.

(139) Section 706(b)(5) is amended by striking ``section 584(h)'' and inserting ``section 584(i)''. (140) Section 751(c) is amended by striking ``and, sections'' both places it appears and inserting ``and sections''. (141) Section 807(e)(5)(A)(i) is amended by striking ``subparagraph (C)'' and inserting ``subparagraph (B)''. (142) Section 831(c) is amended by striking ``section 816(a)).'' and inserting ``section 816(a).''. (143) Section 832(b)(7)(E)(ii)(II) is amended by striking the comma at the end and inserting a period. (144) Section 852(a)(1)(B) is amended by striking ``265,'' and inserting ``265 and''. (145) Section 852(b)(2)(D) is amended by striking ``the deduction'' and inserting ``The deduction''. (146) Subparagraphs (A) and (B) of section 856(c)(7) are each amended by striking ``paragraph (4)(B)(iii)'' and inserting ``paragraph (4)(B)(iv)''. (147) Paragraphs (1), (3), (4), and (5) of section 856(m) are each amended by striking ``subsection (c)(4)(B)(iii)'' and inserting ``subsection (c)(4)(B)(iv)''. (148) Section 857(b)(6)(J) is amended by striking ``section 856(c)(8)'' and inserting ``section 856(c)(10)''. (149) Section 860(f)(2)(A)(ii) is amended by striking ``decreased'' and inserting ``decrease''. (150) Section 860(i) is amended by striking ``willfull'' and inserting ``willful''. (151) Section 860G(a)(3)(A)(iii)(III) is amended by striking the period at the end and inserting a comma. (152) Section 864(d)(8) is amended by striking ``section 956(b)(3)'' and inserting ``section 956(c)(3)''. (153) Section 877(d)(4)(B)(i) is amended by striking ``in 957'' and inserting ``in section 957''. (154) Section 877A(g)(6) is amended by striking ``220(e)(4)'' and inserting ``220(f)(4)''. (155) Section 897(a)(1)(A) is amended by striking ``section 871(B)(1)'' and inserting ``section 871(b)(1)''. (156) The heading of section 897(k)(2) is amended by striking ``usrpi'' and inserting ``united states real property interest''. (157) Section 904(d)(2)(B)(ii) is amended-- (A) by striking ``, except as provided in subparagraph (E)(iii) or paragraph (3)(I),'', and (B) by inserting ``subparagraph (E)(ii), or paragraph (3)(H),'' after ``Except as provided in clause (iii),'' (158) Section 907(c)(3)(C) is amended by striking the period after ``partnerships'' and inserting a comma. (159) Section 907(f)(1) is amended by striking ``year,'' and inserting ``years,''. (160) Section 911(d)(8)(B)(i) is amended by striking ``(50 U.S.C. App. 1 et seq.)'' and inserting ``(50 U.S.C. 4301 et seq.)''.

(161) Section 912(1)(B) is amended by striking ``(50 U.S.C., sec. 403e)'' and inserting ``(50 U.S.C. 3505)''. (162) Section 956(c)(2)(E) is amended by striking ``which are not contracts described in section 953(a)(1)'' and inserting ``which are contracts described in section 953(e)(2)''. (163) Section 956(e) is amended by striking ``provisons'' and inserting ``provisions''. (164) Section 957(b) is amended by striking ``contracts described in section 953(a)(1)'' and inserting ``contracts not described in section 953(e)(2)''. (165) The heading of section 993 is amended by inserting ``<SUP>and</SUP> special</SUP> rules</SUP>'' after ``<SUP>definitions</SUP>''. (166) Section 1016(a)(3)(D) is amended by inserting ``as in effect prior to its repeal by the Tax Reform Act of 1986'' before ``(or the corresponding provisions of prior income tax laws)''. (167) Section 1033(h)(2) is amended by inserting ``is'' before ``located''. (168) Section 1035(a)(1) is amended by striking ``; or'' and inserting a semicolon. (169) Section 1059(d)(3) is amended by striking ``; except that'' and all that follows and inserting ``and there shall not be taken into account any day which is more than 2 years after the date on which such share becomes ex-dividend.''. (170) Section 1092(a)(2)(B) is amended by striking ``with respect other'' in the last sentence and inserting ``with respect to other''. (171) Section 1092(c)(4)(E) is amended by striking ``(other than subparagraph (B) thereof)''. (172) The item relating to section 1222 in the table of sections for part III of subchapter P of chapter 1 <<NOTE: 26 USC 1221 prec.>> is amended to read as follows:

``Sec. 1222. Other terms relating to capital gains and losses.''.

(173) The item relating to section 1252 in the table of sections for part IV of subchapter P of chapter 1 <<NOTE: 26 USC 1231 prec.>> is amended to read as follows:

``Sec. 1252. Gain from disposition of farm land.''.

(174) Section 1250(d)(3) is amended by striking ``paragraph (9)'' and inserting ``paragraph (6)''. (175) Section 1255(b)(2) is amended by striking ``170(e),'' and inserting ``170(e)''. (176)(A) Subparagraphs (B) and (C) of section 1256(e)(3) are each amended by striking ``section 464(e)(2)'' and inserting ``section 461(k)(4)''. (B) Section 1258(d)(5)(C) is amended by striking ``section 464(e)(2)'' and inserting ``section 461(k)(4)''. (177) Section 1257(c)(1) is amended-- (A) by striking ``section 1201(4)'' and inserting ``section 1201(a)(7)'', and (B) by striking ``16 U.S.C. 3801(4)'' and inserting ``16 U.S.C. 3801(7)''. (178) Section 1257(c)(2) is amended-- (A) by striking ``section 1201(6)'' and inserting ``section 1201(a)(10)'', and

(B) by striking ``16 U.S.C. 3801(6)'' and inserting ``16 U.S.C. 3801(10)''. (179) Section 1274(b)(3)(B)(i) is amended by striking ``section 6662(d)(2)(C)(iii)'' and inserting ``section 6662(d)(2)(C)(ii)''. (180) Section 1276(a)(4) is amended by striking ``871(a),,'' and inserting ``871(a),''. (181) Section 1278(b)(1) is amended by striking ``871(a),,'' and inserting ``871(a),''. (182) Section 1286(f) is amended by striking ``and 305(e),'' and inserting ``and section 305(e),''. (183) Section 1291(e) is amended by striking ``subsections (c) and (d) (e),'' and inserting ``subsections (c), (d), and (e)''. (184) Section 1298(b)(5)(B) is amended by striking ``section 951(f)'' and inserting ``section 951(c)''. (185) Section 1298(d)(2)(A) is amended by striking ``section 1296(a)(2)'' and inserting ``section 1297(a)(2)''. (186) Section 1298(e)(2)(B)(ii) is amended by striking ``provisons'' and inserting ``provisions''. (187) Section 1355(f)(3) is amended by striking ``of which'' and inserting ``on which''. (188) Section 1358(b)(1) is amended by striking ``section 1352(a)(2)'' and inserting ``section 1352(2)''. (189) Section 1358(c)(2) is amended by striking ``an person's'' and inserting ``a person's''. (190) Sections 1361(f)(2), 1362(d)(3)(C)(v), and 4975(d)(16)(A) are each amended by striking ``1813(w)(1)),'' and inserting ``1813(w)(1))),''. (191) Section 1362(f) is amended by striking ``may be during'' and inserting ``may be, during''. (192) Section 1366(e) is amended by striking ``section 704(e)(3)'' and inserting ``section 704(e)(2)''. (193) Section 1368(f)(2) is amended by striking ``in included'' and inserting ``is included''. (194) Section 1391(g)(3)(E)(ii) is amended by striking ``Interior'' and inserting ``the Interior''. (195) Section 1394(b)(3)(B)(i)(II) is amended by striking ``subsection'' and inserting ``subsections''. (196) Section 1397C(d)(5)(B) is amended by striking ``subparagraphs (A) or (B)'' and inserting ``subparagraph (A) or (B)''. (197) Section 1402(a)(1) is amended-- (A) by striking ``section 1233(2)'' and inserting ``section 1233(a)(2)'', and (B) by striking ``16 U.S.C. 3833(2)'' and inserting ``16 U.S.C. 3833(a)(2)''. (198) Section 1402(b) is amended by striking ``3211,.'' and inserting ``3211.''. (199) The heading of section 1446 is amended by striking ``<SUP>withholding</SUP> tax</SUP>'' in the heading and inserting ``<SUP>withholding</SUP> of</SUP> tax</SUP>''. (200) Section 2031(c)(1) is amended by striking all that follows subparagraph (A) and inserting the following: ``(B) $500,000.''. (201) Section 2031(c)(2) is amended by striking ``paragraph (5)).'' and inserting ``paragraph (5))).''. (202) Section 2055(e)(3)(G) is amended by striking ``subparagraph (J)'' and inserting ``subparagraph (J))''.

(203) Section 2106(a)(4) is amended by inserting ``section'' before ``2058(a)''. (204) Section 2522(c)(1) is amended by striking ``to of for'' and inserting ``to or for''. (205) Section 2523(g)(1) is amended by striking ``noncharitable beneficiary'' and inserting ``beneficiary who is not a charitable beneficiary''. (206) Section 2523(g)(2) is amended by striking ``noncharitable'' and inserting ``charitable''. (207) Section 3101(a) is amended by adding a period at the end. (208) Section 3111(e)(5)(B) is amended by inserting ``the'' before ``meaning''. (209) Section 3121(b)(5)(B)(i)(V) is amended by striking ``section 105(e)(2)'' and inserting ``section 104(e)(2)''. (210) Section 3121(b)(5)(H)(i) is amended by striking ``1997'' and inserting ``1997,''. (211) Section 3304(a)(4)(G)(ii) is amended by striking ``section 6402(f)(4)(B)'' and inserting ``section 6402(f)(4)(C)''. (212) Section 3306(b)(5)(F) is amended by striking the semicolon at the end and inserting a comma. (213) Section 3306(c)(19) is amended by striking ``Service'' and inserting ``service''. (214) Section 3306(u) is amended by striking ``25 U.S.C. 450b(e)'' and inserting ``25 U.S.C. 5304(e)''. (215) Section 3306(v) is amended by striking ``this part'' and inserting ``this section''. (216) Section 3309(d) is amended by striking ``25 U.S.C. 450b(e)'' and inserting ``25 U.S.C. 5304(e)''. (217)(A) Paragraphs (1), (2), (3), (4)(B), (5), (6), (8)(A)(ii), (8)(B), (8)(D), (9), (10)(B), (11), (12)(A), (12)(B), (12)(C), (13), (14), and (15) of section 3401(a) are each amended by striking ``; or'' at the end and inserting a comma. (B) Paragraphs (4)(A), (8)(A)(i), (8)(C), (10)(A), (12)(D), and (22) of section 3401(a) are each amended by striking ``; or'' at the end and inserting ``, or''. (C) Section 3401(a)(12)(E) is amended by striking ``, or'' at the end and inserting a comma. (D) Paragraphs (16)(A), (16)(B), (17), (18), (19), (20), and (21) of section 3401(a) are each amended by striking the semicolon at the end and inserting a comma. (218) Section 3509(d)(1)(C) is amended by striking ``sections'' and inserting ``section''. (219) Section 4051(a)(3) is amended by striking ``Secretary.'' and inserting ``Secretary).''. (220) Section 4104(a)(1) is amended by striking ``section'' and inserting ``sections''. (221) Section 4221(a) is amended by striking ``section 4051,'' and inserting ``section 4051''. (222) The item relating to part III in the table of parts for subchapter C of chapter 33 is amended by striking ``relating'' and inserting ``applicable''. (223) Section 4612(e)(2)(B)(ii)(I) is amended by striking ``tranferred'' and inserting ``transferred''. (224) Section 4958(f)(1)(D) is amended by striking the period at the end and inserting a comma.

(225) Section 4971(b) is amended by striking ``minimum required contribution,'' and all that follows through ``whichever is applicable'' and inserting the following: ``minimum required contribution, accumulated funding deficiency, or CSEC accumulated funding deficiency, whichever is applicable''. (226) Section 4971(c)(3) is amended by striking ``applicable and'' and inserting ``applicable, and''. (227) Section 4971(f) is amended by striking ``applicable for'' and inserting ``applicable, for''. (228) Section 4971(g)(4)(C)(ii) is amended by striking ``section 432(i)(9)'' and inserting ``section 432(j)(9)''. (229) Section 4975(d)(3) is amended by striking ``an leveraged'' and inserting ``a leveraged''. (230) Section 4975(d)(17) is amended by striking ``Any'' and inserting ``any''. (231) Section 4975(d)(21) is amended by striking ``person person'' and inserting ``person''. (232) Section 4975(f)(8)(C)(iv)(II) is amended by inserting ``subsection'' before ``(d)(17)(A)(ii)''. (233) Section 4975(f)(8)(F)(i)(I) is amended by striking ``adviser,'' and inserting ``adviser''. (234) Section 4975(f)(8)(F)(i)(V) is amended by inserting ``of'' before ``the manner''. (235) Section 4980B(f)(1) is amended by striking ``section 2162 of the Public Health Service Act'' and inserting ``section 1928(h)(6) of the Social Security Act (42 U.S.C. 1396s(h)(6))''. (236) Section 4980B(f)(5)(C)(iii) is amended by striking ``section 2701(c)(2)'' and inserting ``section 2704(c)(2)''. (237) Section 4980I(b)(3)(C)(iv) is amended by striking the comma at the end and inserting a period. (238) Section 4980I(b)(3)(C)(v) is amended by striking ``for for'' and inserting ``for''. (239) Section 5054(a)(3)(B) is amended by striking ``sections'' and inserting ``section''. (240) Section 5066(d) is amended by striking ``section 5001(a)(5)'' and inserting ``section 5001(a)(4)''. (241) The item relating to subpart C in the table of subparts for part II of subchapter A of chapter 51 <<NOTE: 26 USC 5101 prec.>> is amended to read as follows:

``subpart c. recordkeeping and registration by dealers''.

(242) The item relating to section 5178 in the table of sections for subchapter B of chapter 51 <<NOTE: 26 USC 5171 prec.>> is amended to read as follows:

``Sec. 5178. Premises of distilled spirits plants.''.

(243) Section 5182 is amended by striking ``section 5112'' and inserting ``section 5121''. (244) Section 5273(e)(2) is amended by striking ``section 5001(a)(6)'' and inserting ``section 5001(a)(5)''. (245) Section 5314(a)(2) is amended by striking ``section 5001(a)(10)'' and inserting ``section 5001(a)(9)''. (246) Section 5392(f) is amended by striking ``section 17(a)(5)'' and inserting ``section 117(a)(5)''. (247) Section 5512 is amended by striking ``section 5001(a)(7)'' and inserting ``section 5001(a)(6)''.

(248) Section 5601(a)(15) is amended by striking ``Withdraws,'' and inserting ``withdraws,''. (249) The heading of section 5603 is amended by inserting a comma after ``<SUP>returns</SUP>''. (250) Section 5701(e) is amended by striking ``manufacturered'' and inserting ``manufactured''. (251) The item relating to section 5847 in the table of sections for part I of subchapter B of chapter <<NOTE: 26 USC 5841 prec.>> 53 is amended to read as follows:

``Sec. 5847. Effect on other laws.''.

(252) Section 5847 is amended by striking ``section 414 of the Mutual Security Act of 1954'' and inserting ``section 38 of the Arms Export Control Act (22 U.S.C. 2778)''. (253) The item relating to section 5852 in the table of sections for part II of subchapter B of chapter <<NOTE: 26 USC 5851 prec.>> 53 is amended to read as follows:

``Sec. 5852. General transfer and making tax exemption.''.

(254) The item relating to section 5853 in the table of sections for part II of subchapter B of chapter <<NOTE: 26 USC 5851 prec.>> 53 is amended to read as follows:

``Sec. 5853. Transfer and making tax exemption available to certain governmental entities.''.

(255) Section 6012(a)(6) is amended by striking ``and'' at the end. (256) Section 6012(a)(7) is amended by striking the period at the end and inserting ``; and''. (257) Section 6012(a)(8) is amended by striking ``section 63(c)(2)(D).'' and inserting ``section 63(c)(2)(C);''. (258) Section 6033(b)(15) is amended by striking the period at the end and inserting ``, and''. (259) Section 6039(d)(2) is amended to read as follows: ``(2) the term `employee stock purchase plan', see section 423(b).''. (260) The table of sections for subpart B of part III of subchapter A of chapter 61 is amended by inserting after the item relating to section 6041 the following new item:

``Sec. 6041A. Returns regarding payments of remuneration for services and direct sales.''.

(261) The item relating to section 6050I in the table of sections for subpart B of part III of subchapter A of chapter 61 is amended to read as follows:

``Sec. 6050I. Returns relating to cash received in trade or business, etc.''.

(262) The item relating to section 6050W in the table of sections for subpart B of part III of subchapter A of chapter 61 is amended to read as follows:

``Sec. 6050W. Returns relating to payments made in settlement of payment card and third party network transactions.''.

(263) Section 6050H(h)(3)(B)(i) is amended by striking ``Rural Housing Administration'' and inserting ``Rural Housing Service''.

(264) Section 6058(e) is amended by striking paragraph (1) and by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (265) Section 6059(b)(3)(B) is amended-- (A) by striking ``the requirements'' and inserting ``that the requirements'', and (B) by striking the period at the end and inserting a comma. (266) Section 6091(b)(2)(B)(ii) is amended by striking ``and'' at the end. (267) Section 6103(l)(7) is amended by striking ``of 1977'' in the heading thereof. (268) Section 6103(l)(10)(A) is amended by striking ``request made under subsection (f)(5)'' and inserting ``notice submitted under subsection (f)(5)(C)''. (269) Section 6103(l)(10) is amended by striking so much of subparagraph (B) as precedes ``Any'' and inserting the following: ``(B) Restriction on use of disclosed information.-- (i)''. (270) Section 6103(l)(16)(A) is amended by striking ``subsection 6103(b)(6)'' and inserting ``section 6103(b)(6)''. (271) Section 6103(p)(3)(A) is amended by striking ``subsections'' and inserting ``subsection''. (272) Section 6103(p)(3)(C)(ii) is amended by striking the comma at the end and inserting a period. (273) Section 6103(p)(4) is amended by striking ``7(A)(ii)'' in the matter preceding subparagraph (A) and inserting ``(7)(A)(ii)''. (274) Section 6103(p)(4)(F)(ii) is amended-- (A) by striking ``subsections'' and inserting ``subsection'', and (B) by striking ``subsection (l)(21),,,'' and inserting ``subsection (l)(21),''. (275) Section 6103(p)(4) is amended by striking ``subsection (l)(21),,'' both places it appears in the flush matter at the end and inserting ``subsection (l)(21),''. (276) Section 6109(f) is amended by striking ``of 1977'' in the heading thereof. (277) Section 6213(g)(2)(O) is amended by adding a comma at the end. (278) Section 6213(g)(2)(P) is amended-- (A) by striking ``section 24(h)(2)'' and inserting ``section 24(g)(2)'', and (B) by striking ``subsection (h)(1)'' and inserting ``subsection (g)(1)''. (279) Section 6302(e)(2)(A) is amended by striking ``sections'' and inserting ``section''. (280) Section 6311(d)(3)(D) is amended-- (A) by striking ``section 103(f)'' and inserting ``section 103(g)'', and (B) by striking ``1602(f)'' and inserting ``1602(g)''. (281) Section 6330(c) is amended by striking ``subsection (d)(2)(B)'' in the last sentence and inserting ``subsection (d)(3)(B)''. (282) Section 6330(d)(2) is amended by striking ``, and'' at the end and inserting a period.

(283) Section 6334(a)(10)(A) is amended by striking ``V,,'' and inserting ``V,''. (284) Section 6342(a) is amended by striking ``subsection (c)(2)'' and inserting ``subsection (d)(2)''. (285) Section 6402(a) is amended by striking ``(f) refund'' and inserting ``(f), refund''. (286) Section 6402(c) is amended by striking ``of of'' and inserting ``of''. (287) Section 6402(d)(2) is amended by striking ``section 402(a)(26) of the Social Security Act'' and inserting ``section 408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(3))''. (288) Section 6404(g)(2)(E) is amended by striking ``section 6664(d)(2)(A)'' and inserting ``section 6664(d)(3)(A)''. (289) Section 6420(i)(4) is amended by striking ``State and'' and inserting ``State (and''. (290) Section 6421(c) is amended by striking ``(4) (5)'' and inserting ``(4), (5)''. (291) Section 6421(j)(3) is amended by striking ``State and'' and inserting ``State (and''. (292) Section 6422 is amended-- (A) by striking paragraph (7), (B) by redesignating paragraphs (8) through (12) as paragraphs (7) through (11), respectively, and (C) by striking ``for credit'' in paragraph (10) as so redesignated and inserting ``For credit''. (293) Section 6425(c)(1)(A) is amended by striking ``The sum'' and inserting ``the sum''. (294) Section 6426(b)(2)(A)(ii) is amended by striking ``cents..'' and inserting ``cents.''. (295) Section 6501(m) is amended by striking ``any election'' and all that follows through ``(or any'' and inserting the following: ``any election under section 30B(h)(9), 30C(e)(4), 30D(e)(4), 35(g)(11), 40(f), 43, 45B, 45C(d)(4), 45H(g), or 51(j) (or any''. (296) Section 6503(a)(1) is amended by striking ``section 6230(a)).'' and inserting ``section 6230(a))''. (297) Section 6612(c) is amended-- (A) by inserting ``sections'' before ``2014(e)'', and (B) by striking ``and 6420'' and inserting ``6420''. (298) The item relating to section 6651 in the table of sections for part I of subchapter A of chapter 68 <<NOTE: 26 USC 6651 prec.>> is amended to read as follows:

``Sec. 6651. Failure to file tax return or to pay tax.''.

(299) Each of the following sections are amended by inserting ``an amount equal to'' after ``increased by'' and by inserting ``for the calendar year'' after ``section 1(f)(3)'': (A) Section 6651(i). (B) Section 6652(c)(7)(A). (C) Section 6695(h)(1). (D) Section 6698(e)(1). (E) Section 6699(e)(1). (F) Section 6721(f)(1). (G) Section 6722(f)(1). (300) Section 6652(e) is amended by striking ``section 6724(d)(2)(Y)'' in the last sentence and inserting ``section 6724(d)(2)(AA)''.

(301) Section 6654(a) is amended by striking ``chapter 1 the tax'' and inserting ``chapter 1, the tax''. (302) Section 6654(f)(3) is amended by striking ``taxes'' and inserting ``tax''. (303) Section 6662(d)(3) is amended by striking ``section 6664(d)(2)'' and inserting ``section 6664(d)(3)''. (304) Section 6662 is amended by moving subsection (i) before subsection (j). (305) The heading of section 6676(c) is amended by striking ``Reasonable Basis'' and inserting ``Reasonable Cause''. (306) The item relating to section 6684 in the table of sections for part I of subchapter B of chapter 68 <<NOTE: 26 USC 6671 prec.>> is amended to read as follows:

``Sec. 6684. Assessable penalties with respect to liability for tax under chapter 42.''.

(307) The item relating to section 6686 in the table of sections for part I of subchapter B of chapter 68 <<NOTE: 26 USC 6671 prec.>> is amended to read as follows:

``Sec. 6686. Failure to file returns or supply information by DISC or former FSC.''.

(308) Section 6679(a)(1) is amended by striking ``section 6046 and 6046A'' and inserting ``section 6046 or 6046A''. (309) Section 6695(h)(2) is amended by striking ``subparagraph (A)'' and inserting ``paragraph (1)''. (310) Section 6695(h)(2)(B) is amended by striking ``clause (i)'' and inserting ``subparagraph (A)''. (311) Section 6696(a) is amended by striking ``section 6694,'' and inserting ``sections 6694,''. (312) Section 6696(d)(1) is amended by striking ``section 6695,'' and inserting ``6695,''. (313) Section 6698(b)(2) is amended by adding a period at the end. (314) Section 6700(a) is amended by striking ``the $1,000'' and inserting ``$1,000''. (315) Section 6724(d)(1)(B)(xx) is amended by striking ``or'' at the end. (316) Section 6724(d)(1)(B)(xxi) is amended by striking ``and'' at the end. (317) Section 6724(d)(1) is amended by striking ``Such term also includes'' and inserting the following:

``Such term also includes''. (318) Section 6724(d)(2)(F) is amended by striking the period at the end and inserting a comma. (319) Section 6724(d)(2)(M) is amended by striking ``(h)(2) relating'' and inserting ``(h)(2) (relating''. (320) Section 6724(d)(2)(DD) is amended by adding a comma at the end. (321) Section 6863(a) is amended by striking ``6852,,'' and inserting ``6852,''. (322) Section 6901(a)(1)(B) is amended by striking ``Code in'' and inserting ``Code, in''. (323) Section 7275(b)(2) is amended by striking ``taxes, shall'' and inserting ``taxes,''. (324) Section 7421(b)(2) is amended by striking ``Code in'' and inserting ``Code, in''. (325)(A) Subsections (e) and (i) of section 7422 and sections 3121(b)(5)(E), 6110(j)(1)(B), 7428(a), and 7430(c)(6) are each

amended by striking ``United States Claims Court'' and inserting ``United States Court of Federal Claims''. (B) Subsections (a), (b), and (c)(1)(C)(iii) of section 7428 are each amended by striking ``Claims Court'' and inserting ``Court of Federal Claims''. (C) The heading of section 4961(c)(1) is amended by striking ``united states claims court'' and inserting ``united states court of federal claims''. (D) Section 6672(c)(2) is amended by striking ``Court of Claims'' and inserting ``Court of Federal Claims''. (326) The item relating to section 7448 in the table of sections for part I of subchapter C of chapter 76 <<NOTE: 26 USC 7441 prec.>> is amended to read as follows:

``Sec. 7448. Annuities to surviving spouses and dependent children of judges and special trial judges.''.

(327) Section 7448(j)(1)(A) is amended by striking ``Code,),'' and inserting ``Code),''. (328) Section 7448(m) is amended by striking ``Code,'' and inserting ``Code),''. (329) Section 7454(b) is amended by striking ``4955),,'' and inserting ``4955),''. (330) Section 7654(d)(1) is amended by striking ``50 App. U.S.C. 501 et seq.'' and inserting ``50 U.S.C. 3901 et seq.''. (331) Section 7701(a)(36)(B) is amended by striking ``an `tax'' and inserting ``a `tax''. (332) Section 7701(e)(5)(B) is amended by striking ``Reconcilation'' and inserting ``Reconciliation''. (333) Section 7801(a)(2)(B) is amended-- (A) by striking ``this Act'' and inserting ``the Homeland Security Act of 2002'', and (B) by striking ``effective date of the Homeland Security Act of 2002'' and inserting ``effective date of such Act''. (334) Section 7809(c)(1) is amended by striking ``Work'' and inserting ``work''. (335) Section 7851(a)(1)(A) is amended by striking ``, 4''. (336) Section 7851(a)(1)(B) is amended by striking ``Chapters 3 and 5'' and inserting ``Chapter 3''. (337) Section 7871(c)(3)(D)(ii)(II) is amended by striking ``calender'' and inserting ``calendar''. (338) Section 9003(b)(2) is amended by striking ``section 9006(d)'' and inserting ``section 9006(c)''. (339) Section 9011(b)(1) is amended by striking ``contrue'' and inserting ``construe''. (340) Section 9502(d)(2) is amended by striking ``farms,'' and inserting ``farms),''. (341) Section 9503(c)(5) is amended by striking ``and before October 1, 2011,''. (342) Section 9508(c)(1) is amended by striking ``the Public'' and inserting ``Public''. (343) Section 9701(a)(4) is amended by striking ``section 9713A'' and inserting ``section 9712''. (344) Section 9704(d)(2)(B) is amended by striking ``1232)),'' and inserting ``1232),''. (345) Section 9705(b)(1) is amended by striking ``1232(h)'' and inserting ``1232''.

(346) Section 9705(b)(2) is amended by striking ``Acts'' and inserting ``Act''. (347) Section 9711(c)(4)(B) is amended by striking ``paragraph (4)(C)'' and inserting ``paragraph (3)(C)''. (348) Section 9712(a)(4)(A) is amended by inserting ``section 402 of'' after ``subsections (h) and (i) of''. (349) Section 9812(a)(3)(B)(i) is amended by striking the comma at the end and inserting a period. (350) Section 302 of division P of the Consolidated Appropriations Act, 2016 is amended-- (A) in subsection (a), by inserting ``of the Internal Revenue Code of 1986'' after ``section 48(a)(5)(C)'', and (B) in subsection (b), by inserting ``of such Code'' after ``section 48(a)''. (351) Section 32103(a) of the Fixing America's Surface Transportation Act is amended by striking ``section 52106'' and inserting ``section 32102''. (352) Section 7518(i) is amended-- (A) by striking ``section 607(k) of the Merchant Marine Act, 1936'' and inserting ``chapter 535 of title 46, United States Code,'', and (B) by striking ``such section 607(k)'' and inserting ``such chapter''.

(b) General Deadwood-related Provisions.-- (1) Section 25A(c)(1) is amended by striking ``($5,000 in the case of taxable years beginning before January 1, 2003)''. (2) Section 26(b)(2) is amended by striking subparagraph (P). (3) Section 30C(e) is amended by striking paragraph (6) and redesignating paragraph (7) as paragraph (6). (4) Section 32(l) is amended by striking ``, and any payment made to such individual (or such spouse) by an employer under section 3507,''. (5)(A) Section 38(c)(5) is amended-- (i) by striking all that precedes subparagraph (C) thereof and inserting the following: ``(5) Rules related to eligible small businesses.--'', (ii) by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively, and (iii) by amending subparagraph (B) (as so redesignated) to read as follows: ``(B) Treatment of partners and s corporation shareholders.--For purposes of paragraph (4)(B)(ii), any credit determined under section 41 with respect to a partnership or S corporation shall not be treated as a specified credit by any partner or shareholder unless such partner or shareholder meets the gross receipts test under subparagraph (A) for the taxable year in which such credit is treated as a current year business credit.''. (B) Section 38(c)(2)(A)(ii)(II) is amended by striking ``the eligible small business credits,''. (C) Section 38(c)(4)(A)(ii)(II) is amended by striking ``the eligible small business credits and''. (D) Section 38(c)(4)(B)(ii) is amended by striking ``(as defined in paragraph (5)(C), after application of rules similar to the rules of paragraph (5)(D))'' and inserting ``(as defined

in paragraph (5)(A) after application of the rules of paragraph (5)(B))''. (E) Section 39(a) is amended by striking paragraph (4). (F) Section 39(a)(3)(A) is amended by striking ``or the eligible small business credits''. (6) Section 41(c)(4)(A), as amended by the preceding provisions of this Act, is amended by striking ``(12 percent in the case of taxable years ending before January 1, 2009)''. (7) Section 56(b)(1)(E) is amended by striking the last sentence. (8) Section 56(d)(1)(A)(ii)(I) is amended by inserting ``(as in effect before its repeal by the Tax Increase Prevention Act of 2014)'' after ``section 172(b)(1)(H)''. (9) Section 126(a) is amended by striking paragraph (7) and by redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively. (10)(A) Section 139(c)(2) is amended by striking ``section 165(h)(3)(C)(i)'' and inserting ``section 165(i)(5)(A)''. (B) Section 7508A(a) is amended by striking ``section 165(h)(3)(C)(i)'' and inserting ``section 165(i)(5)(A)''. (11) Section 140(a) is amended by striking paragraph (2) and by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively. (12) Section 163(d)(4) is amended by striking subparagraph (E). (13)(A) Section 168 is amended by striking subsection (n). (B) The amendment made by this paragraph shall not apply to property placed in service before the date of the enactment of this Act. (14) Section 170(e)(3) is amended by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D). (15)(A) Section 179 is amended by striking subsection (e) and redesignating subsection (f) as subsection (e). (B) Section 179(d)(1)(B)(ii) is amended by striking ``subsection (f)'' and inserting ``subsection (e)''. (C) The amendments made by this paragraph shall not apply to property placed in service before the date of the enactment of this Act. (16) Section 196(d) is amended-- (A) by striking ``in the case of--'' and all that follows and inserting ``in the case of the investment credit determined under section 46 (other than the rehabilitation credit).'', and (B) by striking ``and Research Credit'' in the heading thereof. (17) Section 246A(b)(1) is amended by striking ``without regard to section 243(d)(4)''. (18) Section 381(c)(16) is amended by striking the second sentence. (19) Section 411(a)(3)(F)(i) is amended by striking ``under section 418D or''. (20) Section 415(g) is amended by striking ``subsection (f)(3)'' and inserting ``subsection (f)(2)''. (21)(A) Section 419(e)(3)(A) is amended by striking ``(17), or (20)'' and inserting ``or (17)''. (B) Section 419A(g)(1) is amended by striking ``(17), or (20)'' and inserting ``or (17)''.

(C) Section 419A(g)(2) is amended by striking ``(17), or (20)'' and inserting ``or (17)''. (D) Section 505 is amended-- (i) in the heading thereof, by striking ``<SUP>paragraph</SUP> (9),</SUP> (17),</SUP> or</SUP> (20)</SUP>'' and inserting ``<SUP>paragraph</SUP> (9)</SUP> or</SUP> (17)</SUP>'', (ii) in the heading of subsection (a), by striking ``Paragraph (9) or (20) of Section 501(c)'' and inserting ``Section 501(c)(9)'', (iii) in subsection (a)(1), by striking ``paragraph (9) or (20) of subsection (c) of section 501'' and inserting ``section 501(c)(9)'', and (iv) in subsection (c)(1), by striking ``paragraph (9), (17), or (20)'' and inserting ``paragraph (9) or (17)''. (E) Subparagraphs (A), (C), and (D) of section 512(a)(3) are each amended in the text thereof by striking ``(17), or (20)'' and inserting ``or (17)''. (F) Subparagraphs (B)(ii) and (E) of section 512(a)(3) are each amended in the text thereof by striking ``, (17), or (20)'' and inserting ``or (17)''. (G) The heading of section 512(a)(3) is amended by striking ``(17), or (20)'' and inserting ``or (17)''. (H) The heading of section 512(a)(3)(E) is amended by striking ``, (17), or (20)'' and inserting ``or (17)''. (I) The item relating to section 505 in the table of sections for part I of subchapter F of chapter 1 <<NOTE: 26 USC 501 prec.>> is amended to read as follows:

``Sec. 505. Additional requirements for organizations described in paragraph (9) or (17) of section 501(c).''.

(22) Section 501(p)(4) is amended by striking ``, 556(b)(2)''. (23) Section 530(b)(3) is amended-- (A) by striking ``(as defined in section 170(e)(6)(F)(i))'' in subparagraph (A)(iii), and (B) by adding at the end the following new subparagraph: ``(C) Computer technology or equipment.--The term `computer technology or equipment' means computer software (as defined by section 197(e)(3)(B)), computer or peripheral equipment (as defined by section 168(i)(2)(B)), and fiber optic cable related to computer use.''. (24) Section 593(b)(2)(D)(iv) is amended by striking ``(determined without regard to section 596)''. (25) Section 597(c)(1) is amended by striking ``or section 21A of the Federal Home Loan Bank Act''. (26) Section 613A(c)(6) is amended by striking subparagraph (H). (27) Section 664(g)(3)(E) is amended by striking ``limitations under sections 415(c) and (e)'' and inserting ``limitation under section 415(c)''. (28) Section 856(m) is amended by striking paragraph (6). (29) Section 871(a)(3) is amended by striking the last sentence thereof. (30) Section 992(d) is amended by striking paragraph (6), by inserting ``or'' at the end of paragraph (5), and by redesignating paragraph (7) as paragraph (6). (31) Section 1245(a)(3)(C) is amended by striking ``, 185''.

(32)(A) Section 1252(a)(1) is amended by striking ``during a taxable year beginning''. (B) Section 1252(a)(1)(A) is amended-- (i) by striking ``sections'' and inserting ``section'', and (ii) by striking ``and 182'' and all that follows through ``for expenditures'' and inserting ``for expenditures''. (C) Section 1252(a)(2) is amended-- (i) by striking ``sections'' and inserting ``section'', and (ii) by striking ``or 182'' and all that follows and inserting a period. (33) Section 1374(d)(2)(B) is amended by striking the last sentence. (34) Section 3111 is amended by striking subsection (d). (35) Section 3127(b)(3) is amended by striking ``or 222(b)''. (36) Section 3221 is amended by striking subsection (c) and by redesignating subsection (d) as subsection (c). (37) Section 3301 is amended by striking ``equal to--'' and all that follows and inserting ``equal to 6 percent of the total wages (as defined in section 3306(b)) paid by such employer during the calendar year with respect to employment (as defined in section 3306(c)).''. (38) Section 3302(c)(2) is amended by striking the next to last sentence. (39) Section 3302(f)(2) is amended-- (A) by striking ``(or, for purposes of applying this subparagraph to taxable year 1983, September 30, 1981)'' in subparagraph (D), and (B) by striking the last sentence. (40) Section 4042(b)(1) is amended by adding ``and'' at the end of subparagraph (A), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (41) Section 4042(b)(2) is amended by striking subparagraph (C). (42) Section 4261(b)(1) is amended by striking ``a tax in the amount'' and all that follows and inserting ``a tax in the amount of $3.00.''. (43) Section 4481(d) is amended to read as follows:

``(d) One Tax Liability Per Period.--To the extent that the tax imposed by this section is paid with respect to any highway motor vehicle for any taxable period, no further tax shall be imposed by this section for such taxable period with respect to such vehicle.''. (44) Section 4971(d) is amended by striking the last sentence. (45) Section 6050G(a)(2) is amended by striking ``(to the extent not previously taken into account under section 72(d)(1))''. (46) Section 6215(b) is amended by striking paragraph (5) and by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively. (47) Section 6601(b) is amended by striking paragraph (2) and by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively. (48) Section 6654(d)(1)(C)(i) is amended by striking ``by substituting'' and all that follows and inserting ``by substituting `110 percent' for `100 percent'.''.

(49) Section 6654(d)(1) is amended by striking subparagraph (D). (50) Part II of subchapter C of chapter 75 <<NOTE: 26 USC 7321 prec.>> is amended by striking section 7326 (and by striking the item relating to such section in the table of sections for such part). (51) Section 7448(a)(5) is amended by striking ``, whether or not performing judicial duties under section 7443B''. (52) Section 7448(a)(6) is amended by striking ``, and compensation received under section 7443B''. (53) Section 7448(d) is amended by striking ``at 4 percent per annum to December 31, 1947, and 3 percent per annum thereafter'' and inserting ``at 3 percent per annum''. (54) Section 7701(a)(19)(A) is amended by striking ``either (i)'' and all that follows through ``(ii)''. (55) Section 7701(a)(32)(A) is amended to read as follows: ``(A) is subject by law to supervision and examination by State or Federal authority having supervision over such institutions, and''. (56) Section 8021 is amended by striking subsection (f). (57) Section 8022(3) is amended by striking subparagraph (C).

(c) Repeal of Certain Obsolete Bond Provisions.-- (1) Certain rules with respect to bonds issued before july 2, 1982.-- (A) Section 1271 is amended-- (i) by striking subsection (c) and by redesignating subsection (d) as subsection (c), and (ii) by striking ``(and paragraph (2) of subsection (c))'' in subsection (a)(2)(B). (B) Section 1272 is amended by striking subsection (b) and by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (C) Section 163(e)(1) is amended by striking ``In the case of any debt instrument issued after July 1, 1982, the portion of the original issue discount with respect to such debt instrument which is'' and inserting ``The portion of the original issue discount with respect to any debt instrument which is''. (D) Section 1271(a)(2)(A)(ii) is amended by striking ``subsection (a)(7) or (b)(4) of section 1272'' and inserting ``section 1272(a)(7)''. (E) Section 1271(b)(1) is amended to read as follows: ``(1) In general.--This section shall not apply to any obligation issued by a natural person before June 9, 1997.''. (F) Section 1272(a) is amended-- (i) by striking ``on Debt Instruments Issued After July 1, 1982,'' in the heading, and (ii) by striking ``issued after July 1, 1982'' in paragraph (1). (G) Section 1278(a)(4)(B) is amended by striking ``or (b)(4)''. (H) The amendments made by this paragraph shall apply to debt instruments issued on or after July 2, 1982. (2) Certain rules with respect to stripped bonds purchased before july 2, 1982.-- (A) Section 1286, as amended by this section, is amended by striking subsection (c) and by redesignating

subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f), respectively. (B) Subsections (a) and (b) of section 1286 are each amended by striking ``after July 1, 1982,''. (C) Section 1286(d)(5), as redesignated by subparagraph (A), is amended by striking the last sentence. (D) Section 305(e)(7) is amended by striking ``1286(f)'' and inserting ``1286(e)''. (E) The amendments made by this paragraph shall apply to bonds purchased on or after July 2, 1982. (3) Certain rules with respect to obligations issued before march 2, 1984.-- (A) Section 1272(a)(2) is amended by striking subparagraph (D) and by redesignating subparagraph (E) as subparagraph (D). (B) Section 163(e)(4) is amended to read as follows: ``(4) Exception.--This subsection shall not apply to any debt instrument described in section 1272(a)(2)(D) (relating to loans between natural persons).''. (C) The amendments made by this paragraph shall apply to obligations issued on or after March 2, 1984.

(d) Deadwood Provisions Involving Repeal of One or More Sections.-- (1) Puerto rico economic activity credit; puerto rico and possession tax credit.-- (A) Possession tax credit.--Section 27 is amended to read as follows:

``SEC. 27. TAXES OF FOREIGN COUNTRIES AND POSSESSIONS OF THE UNITED STATES.

``The amount of taxes imposed by foreign countries and possessions of the United States shall be allowed as a credit against the tax imposed by this chapter to the extent provided in section 901''. (B) Puerto rico economic activity credit.--Subpart C of part IV of subchapter A of chapter 1 <<NOTE: 26 USC 27 prec.>> is amended by striking section 30A (and by striking the item relating to such section in the table of sections for such subpart). (C) Puerto rico and possession tax credit.--Subpart C of part III of subchapter N of chapter 1 <<NOTE: 26 USC 931 prec.>> is amended by striking section 936 (and by striking the item relating to such section in the table of sections for such subpart). (D) Conforming amendments.-- (i) The item relating to section 27 in the table of sections for subpart B of part IV of subchapter A of chapter 1 <<NOTE: 26 USC 27 prec.>> is amended to read as follows:

``Sec. 27. Taxes of foreign countries and possessions of the United States.''.

(ii) Sections 26(a)(1), 59(a)(1), 469(c)(3)(B), and 469(d)(2)(A)(ii) are each amended by striking ``27(a)'' and inserting ``27''. (iii) Section 45C(d)(2) is amended-- (I) by striking subparagraph (B), (II) by redesignating clauses (i) and (ii) of subparagraph (A) as subparagraphs (A) and (B), respectively, and moving such subparagraphs (as so redesignated) 2 ems to the left, and

(III) by striking ``In general.--'' and all that precedes it and inserting the following: ``(2) Special limitations on foreign testing.--''. (iv) Section 168(g)(4)(G) <<NOTE: 26 USC 168.>> is amended by striking ``(other than a corporation which has an election in effect under section 936)''. (v) Section 243(b)(1)(B) is amended to read as follows: ``(B) if such dividend is distributed out of the earnings and profits of a taxable year of the distributing corporation which ends after December 31, 1963, and on each day of which the distributing corporation and the corporation receiving the dividend were members of such affiliated group.''. (vi) Section 246 is amended by striking subsection (e). (vii) Section 338(h)(6)(B)(i) is amended by striking ``, a DISC, or a corporation to which an election under section 936 applies'' and inserting ``or a DISC''. (viii)(I) Section 367(d) is amended by adding at the end the following new paragraph: ``(4) Intangible property.--For purposes of this subsection, the term `intangible property' means any-- ``(A) patent, invention, formula, process, design, pattern, or know-how, ``(B) copyright, literary, musical, or artistic composition, ``(C) trademark, trade name, or brand name, ``(D) franchise, license, or contract, ``(E) method, program, system, procedure, campaign, survey, study, forecast, estimate, customer list, or technical data, ``(F) goodwill, going concern value, or workforce in place (including its composition and terms and conditions (contractual or otherwise) of its employment), or ``(G) other item the value or potential value of which is not attributable to tangible property or the services of any individual.''. (II) Section 367(d)(1) is amended by striking ``(within the meaning of section 936(h)(3)(B))''. (III) Sections 482 and 1298(e)(2)(A) are each amended by striking ``section 936(h)(3)(B)'' and inserting ``section 367(d)(4)''. (ix) Section 861(a)(2)(A) is amended by striking ``other than a corporation which has an election in effect under section 936''. (x) Section 864(d)(5) is amended to read as follows: ``(5) Certain provisions not to apply.--The following provisions shall not apply to any amount treated as interest under paragraph (1) or (6): ``(A) Section 904(d)(2)(B)(iii)(I) (relating to exceptions for export financing interest). ``(B) Subparagraph (A) of section 954(b)(3) (relating to exception where foreign base company income is less than 5 percent or $1,000,000). ``(C) Subparagraph (B) of section 954(c)(2) (relating to certain export financing).

``(D) Clause (i) of section 954(c)(3)(A) (relating to certain income received from related persons).''. (xi) Section 865(j)(3) is amended by striking ``, 933, and 936'' and inserting ``and 933''. (xii) Section 901(g)(2) is amended by inserting ``(as in effect on the day before the date of the enactment of the Tax Technical Corrections Act of 2018)'' after ``section 936''. (xiii) Section 904(b) is amended by striking paragraph (4) and by redesignating paragraph (5) as paragraph (4). (xiv) Section 904(f)(1) is amended by striking ``and section 936''. (xv) Section 1202(e)(4) is amended by striking subparagraph (B) and by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (xvi) Section 1361(b)(2) is amended by adding ``or'' at the end of subparagraph (B), by striking subparagraph (C), and by redesignating subparagraph (D) as subparagraph (C). (xvii)(I) Section 1504(b) is amended by striking paragraph (4) and by redesignating paragraphs (6), (7), and (8) as paragraphs (4), (5), and (6), respectively. (II) Section 243(b)(2) is amended by striking ``, 1504(b)(4),''. (III) Section 332(d)(2)(B) is amended by striking ``paragraphs (2) and (4)'' and inserting ``paragraph (2)''. (IV) Section 864(e)(5)(A) is amended by striking ``(determined without regard to paragraph (4) of section 1504(b))''. (V) Section 864(f) is amended in paragraphs (1)(C)(i) and (2) by striking ``paragraphs (2) and (4)'' and inserting ``paragraph (2)''. (xviii) Section 6091(b)(2)(B) is amended by striking clause (ii) and by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively. (xix) Section 6654(d)(2)(D) is amended-- (I) by striking ``936(h) or'' in clause (i), and (II) by striking ``and section 936'' in the heading. (xx) Section 6655(e)(4) is amended-- (I) by striking ``936(h) or'' in subparagraph (A), and (II) by striking ``and section 936'' in the heading. (2) Energy efficient appliance credit.-- (A) In general.--Subpart D of part IV of subchapter A of chapter 1 is amended by striking section 45M (and by striking the item relating to such section in the table of sections for such subpart). (B) Conforming amendment.--Section 38(b), as amended by the preceding provisions of this Act, is amended by striking paragraph (24) and by redesignating paragraphs (25) through (37) as paragraphs (24) through (36), respectively. (3) Qualifying therapeutic discovery project credit.--

(A) In general.--Subpart E of part IV of subchapter A of chapter 1 is amended by striking section 48D (and by striking the item relating to such section in the table of sections for such subpart). (B) Conforming amendments.-- (i) Section 49(a)(1)(C) is amended by adding ``and'' at the end of clause (iv), by striking ``, and'' at the end of clause (v) and inserting a period, and by striking clause (vi). (ii) Section 50(a)(2)(E) is amended by striking ``48C(b)(2), or 48D(b)(4)'' and inserting ``or 48C(b)(2)''. (iii) Section 280C is amended by striking the subsection (g) which relates to the qualifying therapeutic discovery project credit. (C) Savings provision.-- In the case of the repeal of section 48D(e)(1) of the Internal Revenue Code of 1986, the amendments made by this paragraph shall not apply to expenditures made in taxable years beginning before January 1, 2011. (4) DC zone provisions.-- (A) In general.--Chapter 1 is amended by striking subchapter W (and by striking the item relating to such subchapter in the table of subchapters for such chapter). (B) Conforming amendments.-- (i) Section 23(c)(1) is amended by striking ``sections 25D and 1400C'' and inserting ``section 25D''. (ii) Section 25(e)(1)(C) is amended by striking ``sections 23, 25D, and 1400C'' and inserting ``sections 23 and 25D''. (iii) Section 45D(h) is amended by striking ``sections 1202, 1400B, and 1400F'' and inserting ``section 1202''. (iv) Section 1016(a) is amended by striking paragraph (27). (v) Section 1202(a)(2)(B) is amended by inserting ``(as in effect before its repeal)'' after ``1400B(b)''. (vi) Section 1223(13) is amended by striking ``sections 1202(a)(2), 1202(c)(2)(A), 1400B(b), and 1400F(b)'' and inserting ``subsections (a)(2) and (c)(2)(A) of section 1202''. (vii) Section 1397B(b)(1) is amended by striking subparagraph (B). (C) Savings provisions.--The amendments made by this paragraph shall not apply to-- (i) in the case of the repeal of section 1400A of the Internal Revenue Code of 1986, obligations described in section 1394 of such Code (as in effect before its repeal) which were issued before January 1, 2012, (ii) in the case of the repeal of section 1400B of such Code, DC Zone assets (as defined in such section, as in effect before its repeal) which were acquired by the taxpayer before January 1, 2012, and (iii) in the case of the repeal of section 1400C of such Code, principal residences acquired before January 1, 2012. (5) Renewal community provisions.--

(A) In general.--Chapter 1 is amended by striking subchapter X (and by striking the item relating to such subchapter in the table of subchapters for such chapter). (B) Conforming amendments.-- (i) Section 469(i)(3) is amended by striking subparagraph (C) and by redesignating subparagraphs (D), (E), and (F) as subparagraphs (C), (D), and (E), respectively. (ii) Section 469(i)(3)(D), as so redesignated, is amended to read as follows: ``(D) Ordering rule.--Paragraph (1) shall be applied for any taxable year-- ``(i) first, to the passive activity loss, ``(ii) second, to the portion of the passive activity credit to which subparagraph (B) and (C) does not apply, ``(iii) third, to the portion of such credit to which subparagraph (B) applies, and ``(iv) then, to the portion of such credit to which subparagraph (C) applies.''. (iii) Section 469(i)(6)(B) is amended-- (I) by striking ``, rehabilitation credit, or commercial revitalization deduction'' in the heading and inserting ``or rehabilitation credit'', (II) by adding ``or'' at the end of clause (i), (III) by striking ``, or'' at the end of clause (ii) and inserting a comma, and (IV) by striking clause (iii). (iv) Section 1397B(b)(1), as amended by the preceding provisions of this Act, is amended by adding at the end the following new subparagraph: ``(B) References.--Any reference in this paragraph to section 1400F shall be treated as reference to such section before its repeal.''. (v) Section 1397B(b)(5) is amended by striking ``which is sold--'' and all that follows and inserting ``which is sold, the taxpayer's holding period for such asset and the asset referred to in subsection (a)(1) shall be determined without regard to section 1223.''. (C) Savings provisions.--The amendments made by this paragraph shall not apply to-- (i) in the case of the repeal of section 1400F of the Internal Revenue Code of 1986, qualified community assets (as defined in such section, as in effect before its repeal) which were acquired by the taxpayer before January 1, 2010, (ii) in the case of the repeal section 1400H of such Code, wages paid or incurred before January 1, 2010, (iii) in the case of the repeal of section 1400I of such Code, qualified revitalization buildings (as defined in such section, as in effect before its repeal) which were placed in service before January 1, 2010, and (iv) in the case of the repeal of section 1400J of such Code, property acquired before January 1, 2010.

(6) Short-term regional benefits.-- (A) In general.--Chapter 1 is amended by striking subchapter Y (and by striking the item relating to such subchapter in the table of subchapters for such chapter). (B) Conforming amendments.-- (i) Section 38(b), as amended by the preceding provisions of this Act, is amended by striking paragraphs (26), (27), (28), and (29) and by redesignating paragraphs (30) through (36) as paragraphs (26) through (32), respectively. (ii) Section 38(c)(2)(A)(ii)(II), as amended by the preceding provisions of this Act, is amended by striking ``, the New York Liberty Zone business employee credit,''. (iii) Section 38(c) is amended by striking paragraph (3). (iv) Section 280C(a), as amended by the preceding provisions of this Act, is amended by striking ``1396(a), 1400P(b), and 1400R'' and inserting ``and 1396(a)''. (v) Section 6033(b)(14) is amended by striking ``including the amount and use of qualified contributions to which section 1400S(a) applies,''. (vi) Section 6049(d)(8)(A) is amended-- (I) by striking ``or 1400N(l)(6)'', and (II) by striking ``or 1400N(l)(2)(D), as the case may be''. (C) Savings provisions.--The amendments made by this paragraph shall not apply to-- (i) in the case of the repeal of section 1400L(a) of the Internal Revenue Code of 1986, qualified wages (as defined in such section, as in effect before its repeal) which were paid or incurred before January 1, 2004, (ii) in the case of the repeal of subsections (b) and (f) of section 1400L of such Code, qualified New York Liberty Zone property (as defined in section 1400L(b) of such Code, as in effect before its repeal) placed in service before January 1, 2010, (iii) in the case of the repeal of section 1400L(c) of such Code, qualified New York Liberty Zone leasehold improvement property (as defined in such section, as in effect before its repeal) placed in service before January 1, 2007, (iv) in the case of the repeal of section 1400L(d) of such Code, qualified New York Liberty bonds (as defined in such section, as in effect before its repeal) issued before January 1, 2014, (v) in the case of the repeal of section 1400L(e) of such Code, advanced refundings before January 1, 2006, (vi) in the case of the repeal of section 1400L(g) of such Code, property which is compulsorily or involuntarily converted as a result of the terrorist attacks on September 11, 2001, (vii) in the case of the repeal of section 1400N(a) of such Code, obligations issued before January 1, 2012,

(viii) in the case of the repeal of section 1400N(b) of such Code, advanced refundings before January 1, 2011, (ix) in the case of the repeal of section 1400N(d) of such Code, property placed in service before January 1, 2012, (x) in the case of the repeal of section 1400N(e) of such Code, property placed in service before January 1, 2009, (xi) in the case of the repeal of subsections (f) and (g) of section 1400N of such Code, amounts paid or incurred before January 1, 2008, (xii) in the case of the repeal of section 1400N(h) of such Code, amounts paid or incurred before January 1, 2012, (xiii) in the case of the repeal of section 1400N(k)(1)(B) of such Code, losses arising in taxable years beginning before January 1, 2008, (xiv) in the case of the repeal of section 1400N(l) of such Code, bonds issued before January 1, 2007, (xv) in the case of the repeal of section 1400Q(a) of such Code, distributions before January 1, 2007, (xvi) in the case of the repeal of section 1400Q(b) of such Code, contributions before March 1, 2006, (xvii) in the case of the repeal of section 1400Q(c) of such Code, loans made before January 1, 2007, (xviii) in the case of the repeal of section 1400R of such Code, wages paid or incurred before January 1, 2006, (xix) in the case of the repeal of section 1400S(a) of such Code, contributions paid before January 1, 2006, (xx) in the case of the repeal of section 1400T of such Code, financing provided before January 1, 2011, and (xxi) in the case of the repeal of part III of subchapter Y of chapter 1 of such Code, obligations issued before January 1, 2011. (7) Provisions related to cobra premium assistance.-- (A) In general.--Subchapter B of chapter 65 is amended by striking section 6432 (and by striking the item relating to such section in the table of sections for such subchapter). (B) Notification requirement.--Part I of subchapter B of chapter 68 is amended by striking section 6720C (and by striking the item relating to such section in the table of sections for such part). (C) Exclusion from gross income.--Part III of subchapter B of chapter 1 is amended by striking section 139C (and by striking the item relating to such section in the table of sections for such part). (8) Effective date of presidential election campaign fund.-- Chapter 95 is amended by striking section 9013 (and by striking the item relating to such section in the table of sections for such chapter).

(e) General Savings Provision With Respect to Deadwood Provisions.--If--

(1) any provision amended or repealed by the amendments made by subsection (b) or (d) applied to-- (A) any transaction occurring before the date of the enactment of this Act, (B) any property acquired before such date of enactment, or (C) any item of income, loss, deduction, or credit taken into account before such date of enactment, and (2) the treatment of such transaction, property, or item under such provision would (without regard to the amendments or repeals made by such subsection) affect the liability for tax for periods ending after such date of enactment,

nothing in the amendments or repeals made by this section shall be construed to affect the treatment of such transaction, property, or item for purposes of determining liability for tax for periods ending after such date of enactment.

DIVISION V-- CLOUD ACT

SEC. 101. SHORT TITLE.

This division may be cited as the ``Clarifying Lawful Overseas Use of Data Act'' or the ``CLOUD Act''.

SEC. 102. CONGRESSIONAL FINDINGS.

Congress finds the following: (1) Timely access to electronic data held by communications- service providers is an essential component of government efforts to protect public safety and combat serious crime, including terrorism. (2) Such efforts by the United States Government are being impeded by the inability to access data stored outside the United States that is in the custody, control, or possession of communications-service providers that are subject to jurisdiction of the United States. (3) Foreign governments also increasingly seek access to electronic data held by communications-service providers in the United States for the purpose of combating serious crime. (4) Communications-service providers face potential conflicting legal obligations when a foreign government orders production of electronic data that United States law may prohibit providers from disclosing. (5) Foreign law may create similarly conflicting legal obligations when chapter 121 of title 18, United States Code (commonly known as the `` Stored Communications Act''), requires disclosure of electronic data that foreign law prohibits communications-service providers from disclosing. (6) International agreements provide a mechanism for resolving these potential conflicting legal obligations where the United States and the relevant foreign government share a common commitment to the rule of law and the protection of privacy and civil liberties.

PRESERVATION OF RECORDS; COMITY ANALYSIS OF LEGAL PROCESS.

(a) Required Preservation and Disclosure of Communications and Records.--

(1) Amendment.--Chapter 121 of title 18, United States Code, is amended by adding at the end the following:

``Sec. 2713. Required preservation and disclosure of communications and records

``A provider of electronic communication service or remote computing service shall comply with the obligations of this chapter to preserve, backup, or disclose the contents of a wire or electronic communication and any record or other information pertaining to a customer or subscriber within such provider's possession, custody, or control, regardless of whether such communication, record, or other information is located within or outside of the United States.''. (2) Table of sections.--The table of sections for chapter 121 of title 18, United States Code <<NOTE: 18 USC 2701 prec.>>, is amended by inserting after the item relating to section 2712 the following:

``2713. Required preservation and disclosure of communications and records.''.

(b) Comity Analysis of Legal Process Seeking Contents of Wire or Electronic Communication.--Section 2703 of title 18, United States Code, is amended by adding at the end the following: ``(h) Comity Analysis and Disclosure of Information Regarding Legal Process Seeking Contents of Wire or Electronic Communication.-- ``(1) Definitions.--In this subsection-- ``(A) the term `qualifying foreign government' means a foreign government-- ``(i) with which the United States has an executive agreement that has entered into force under section 2523; and ``(ii) the laws of which provide to electronic communication service providers and remote computing service providers substantive and procedural opportunities similar to those provided under paragraphs (2) and (5); and ``(B) the term `United States person' has the meaning given the term in section 2523. ``(2) Motions to quash or modify.--(A) A provider of electronic communication service to the public or remote computing service, including a foreign electronic communication service or remote computing service, that is being required to disclose pursuant to legal process issued under this section the contents of a wire or electronic communication of a subscriber or customer, may file a motion to modify or quash the legal process where the provider reasonably believes-- ``(i) that the customer or subscriber is not a United States person and does not reside in the United States; and ``(ii) that the required disclosure would create a material risk that the provider would violate the laws of a qualifying foreign government. Such a motion shall be filed not later than 14 days after the date on which the provider was served with the legal process, absent agreement with the government or permission from the court to extend the deadline based on an application made within the 14 days. The right to move to quash is without prejudice to any other grounds to

move to quash or defenses thereto, but it shall be the sole basis for moving to quash on the grounds of a conflict of law related to a qualifying foreign government. ``(B) Upon receipt of a motion filed pursuant to subparagraph (A), the court shall afford the governmental entity that applied for or issued the legal process under this section the opportunity to respond. The court may modify or quash the legal process, as appropriate, only if the court finds that-- ``(i) the required disclosure would cause the provider to violate the laws of a qualifying foreign government; ``(ii) based on the totality of the circumstances, the interests of justice dictate that the legal process should be modified or quashed; and ``(iii) the customer or subscriber is not a United States person and does not reside in the United States. ``(3) Comity analysis.--For purposes of making a determination under paragraph (2)(B)(ii), the court shall take into account, as appropriate-- ``(A) the interests of the United States, including the investigative interests of the governmental entity seeking to require the disclosure; ``(B) the interests of the qualifying foreign government in preventing any prohibited disclosure; ``(C) the likelihood, extent, and nature of penalties to the provider or any employees of the provider as a result of inconsistent legal requirements imposed on the provider; ``(D) the location and nationality of the subscriber or customer whose communications are being sought, if known, and the nature and extent of the subscriber or customer's connection to the United States, or if the legal process has been sought on behalf of a foreign authority pursuant to section 3512, the nature and extent of the subscriber or customer's connection to the foreign authority's country; ``(E) the nature and extent of the provider's ties to and presence in the United States; ``(F) the importance to the investigation of the information required to be disclosed; ``(G) the likelihood of timely and effective access to the information required to be disclosed through means that would cause less serious negative consequences; and ``(H) if the legal process has been sought on behalf of a foreign authority pursuant to section 3512, the investigative interests of the foreign authority making the request for assistance. ``(4) Disclosure obligations during pendency of challenge.-- A service provider shall preserve, but not be obligated to produce, information sought during the pendency of a motion brought under this subsection, unless the court finds that immediate production is necessary to prevent an adverse result identified in section 2705(a)(2). ``(5) Disclosure to qualifying foreign government.--(A) It shall not constitute a violation of a protective order issued under section 2705 for a provider of electronic communication service to the public or remote computing service to disclose to the entity within a qualifying foreign government,

designated in an executive agreement under section 2523, the fact of the existence of legal process issued under this section seeking the contents of a wire or electronic communication of a customer or subscriber who is a national or resident of the qualifying foreign government. ``(B) Nothing in this paragraph shall be construed to modify or otherwise affect any other authority to make a motion to modify or quash a protective order issued under section 2705.''.

(c) Rule of Construction.--Nothing in this section, or an amendment made by this section, shall be construed to modify or otherwise affect the common law standards governing the availability or application of comity analysis to other types of compulsory process or to instances of compulsory process issued under section 2703 of title 18, United States Code, as amended by this section, and not covered under subsection (h)(2) of such section 2703.

Title 18, United States Code, is amended-- (1) in chapter 119-- (A) in section 2511(2), by adding at the end the following:

``(j) It shall not be unlawful under this chapter for a provider of electronic communication service to the public or remote computing service to intercept or disclose the contents of a wire or electronic communication in response to an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523.''; and (B) in section 2520(d), by amending paragraph (3) to read as follows: ``(3) a good faith determination that section 2511(3), 2511(2)(i), or 2511(2)(j) of this title permitted the conduct complained of;''; (2) in chapter 121-- (A) in section 2702-- (i) in subsection (b)-- (I) in paragraph (8), by striking the period at the end and inserting ``; or''; and (II) by adding at the end the following: ``(9) to a foreign government pursuant to an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523.''; and (ii) in subsection (c)-- (I) in paragraph (5), by striking ``or'' at the end; (II) in paragraph (6), by striking the period at the end and inserting ``; or''; and (III) by adding at the end the following: ``(7) to a foreign government pursuant to an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523.''; and (B) in section 2707(e), by amending paragraph (3) to read as follows:

``(3) a good faith determination that section 2511(3), section 2702(b)(9), or section 2702(c)(7) of this title permitted the conduct complained of;''; and (3) in chapter 206-- (A) in section 3121(a), by inserting before the period at the end the following: ``or an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523''; and (B) in section 3124-- (i) by amending subsection (d) to read as follows:

``(d) No Cause of Action Against a Provider Disclosing Information Under This Chapter.--No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with a court order under this chapter, request pursuant to section 3125 of this title, or an order from a foreign government that is subject to an executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523.''; and (ii) by amending subsection (e) to read as follows:

``(e) Defense.--A good faith reliance on a court order under this chapter, a request pursuant to section 3125 of this title, a legislative authorization, a statutory authorization, or a good faith determination that the conduct complained of was permitted by an order from a foreign government that is subject to executive agreement that the Attorney General has determined and certified to Congress satisfies section 2523, is a complete defense against any civil or criminal action brought under this chapter or any other law.''.

(a) In General.--Chapter 119 of title 18, United States Code, is amended by adding at the end the following:

``Sec. 2523. Executive agreements on access to data by foreign governments

``(a) Definitions.--In this section-- ``(1) the term `lawfully admitted for permanent residence' has the meaning given the term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)); and ``(2) the term `United States person' means a citizen or national of the United States, an alien lawfully admitted for permanent residence, an unincorporated association a substantial number of members of which are citizens of the United States or aliens lawfully admitted for permanent residence, or a corporation that is incorporated in the United States.

``(b) Executive Agreement Requirements.--For purposes of this chapter, chapter 121, and chapter 206, an executive agreement governing access by a foreign government to data subject to this chapter, chapter 121, or chapter 206 shall be considered to satisfy the requirements of this section if the Attorney General, with the concurrence of the Secretary of State, determines, and submits a written certification of such determination to Congress, including

a written certification and explanation of each consideration in paragraphs (1), (2), (3), and (4), that-- ``(1) the domestic law of the foreign government, including the implementation of that law, affords robust substantive and procedural protections for privacy and civil liberties in light of the data collection and activities of the foreign government that will be subject to the agreement, if-- ``(A) such a determination under this section takes into account, as appropriate, credible information and expert input; and ``(B) the factors to be met in making such a determination include whether the foreign government-- ``(i) has adequate substantive and procedural laws on cybercrime and electronic evidence, as demonstrated by being a party to the Convention on Cybercrime, done at Budapest November 23, 2001, and entered into force January 7, 2004, or through domestic laws that are consistent with definitions and the requirements set forth in chapters I and II of that Convention; ``(ii) demonstrates respect for the rule of law and principles of nondiscrimination; ``(iii) adheres to applicable international human rights obligations and commitments or demonstrates respect for international universal human rights, including-- ``(I) protection from arbitrary and unlawful interference with privacy; ``(II) fair trial rights; ``(III) freedom of expression, association, and peaceful assembly; ``(IV) prohibitions on arbitrary arrest and detention; and ``(V) prohibitions against torture and cruel, inhuman, or degrading treatment or punishment; ``(iv) has clear legal mandates and procedures governing those entities of the foreign government that are authorized to seek data under the executive agreement, including procedures through which those authorities collect, retain, use, and share data, and effective oversight of these activities; ``(v) has sufficient mechanisms to provide accountability and appropriate transparency regarding the collection and use of electronic data by the foreign government; and ``(vi) demonstrates a commitment to promote and protect the global free flow of information and the open, distributed, and interconnected nature of the Internet; ``(2) the foreign government has adopted appropriate procedures to minimize the acquisition, retention, and dissemination of information concerning United States persons subject to the agreement; ``(3) the terms of the agreement shall not create any obligation that providers be capable of decrypting data or limitation that prevents providers from decrypting data; and ``(4) the agreement requires that, with respect to any order that is subject to the agreement--

``(A) the foreign government may not intentionally target a United States person or a person located in the United States, and shall adopt targeting procedures designed to meet this requirement; ``(B) the foreign government may not target a non- United States person located outside the United States if the purpose is to obtain information concerning a United States person or a person located in the United States; ``(C) the foreign government may not issue an order at the request of or to obtain information to provide to the United States Government or a third-party government, nor shall the foreign government be required to share any information produced with the United States Government or a third-party government; ``(D) an order issued by the foreign government-- ``(i) shall be for the purpose of obtaining information relating to the prevention, detection, investigation, or prosecution of serious crime, including terrorism; ``(ii) shall identify a specific person, account, address, or personal device, or any other specific identifier as the object of the order; ``(iii) shall be in compliance with the domestic law of that country, and any obligation for a provider of an electronic communications service or a remote computing service to produce data shall derive solely from that law; ``(iv) shall be based on requirements for a reasonable justification based on articulable and credible facts, particularity, legality, and severity regarding the conduct under investigation; ``(v) shall be subject to review or oversight by a court, judge, magistrate, or other independent authority prior to, or in proceedings regarding, enforcement of the order; and ``(vi) in the case of an order for the interception of wire or electronic communications, and any extensions thereof, shall require that the interception order-- ``(I) be for a fixed, limited duration; and ``(II) may not last longer than is reasonably necessary to accomplish the approved purposes of the order; and ``(III) be issued only if the same information could not reasonably be obtained by another less intrusive method; ``(E) an order issued by the foreign government may not be used to infringe freedom of speech; ``(F) the foreign government shall promptly review material collected pursuant to the agreement and store any unreviewed communications on a secure system accessible only to those persons trained in applicable procedures; ``(G) the foreign government shall, using procedures that, to the maximum extent possible, meet the definition of minimization procedures in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801), segregate, seal, or delete, and not disseminate material found not to be information that is, or is necessary to understand

or assess the importance of information that is, relevant to the prevention, detection, investigation, or prosecution of serious crime, including terrorism, or necessary to protect against a threat of death or serious bodily harm to any person; ``(H) the foreign government may not disseminate the content of a communication of a United States person to United States authorities unless the communication may be disseminated pursuant to subparagraph (G) and relates to significant harm, or the threat thereof, to the United States or United States persons, including crimes involving national security such as terrorism, significant violent crime, child exploitation, transnational organized crime, or significant financial fraud; ``(I) the foreign government shall afford reciprocal rights of data access, to include, where applicable, removing restrictions on communications service providers, including providers subject to United States jurisdiction, and thereby allow them to respond to valid legal process sought by a governmental entity (as defined in section 2711) if foreign law would otherwise prohibit communications-service providers from disclosing the data; ``(J) the foreign government shall agree to periodic review of compliance by the foreign government with the terms of the agreement to be conducted by the United States Government; and ``(K) the United States Government shall reserve the right to render the agreement inapplicable as to any order for which the United States Government concludes the agreement may not properly be invoked.

``(c) Limitation on Judicial Review.--A determination or certification made by the Attorney General under subsection (b) shall not be subject to judicial or administrative review. ``(d) Effective Date of Certification.-- ``(1) Notice.--Not later than 7 days after the date on which the Attorney General certifies an executive agreement under subsection (b), the Attorney General shall provide notice of the determination under subsection (b) and a copy of the executive agreement to Congress, including-- ``(A) the Committee on the Judiciary and the Committee on Foreign Relations of the Senate; and ``(B) the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives. ``(2) Entry into force.--An executive agreement that is determined and certified by the Attorney General to satisfy the requirements of this section shall enter into force not earlier than the date that is 180 days after the date on which notice is provided under paragraph (1), unless Congress enacts a joint resolution of disapproval in accordance with paragraph (4). ``(3) Requests for information.--Upon request by the Chairman or Ranking Member of a congressional committee described in paragraph (1), the head of an agency shall promptly furnish a summary of factors considered in determining that the foreign government satisfies the requirements of this section. ``(4) Congressional review.--

``(A) Joint resolution defined.--In this paragraph, the term `joint resolution' means only a joint resolution-- ``(i) introduced during the 180-day period described in paragraph (2); ``(ii) which does not have a preamble; ``(iii) the title of which is as follows: `Joint resolution disapproving the executive agreement signed by the United States and __.', the blank space being appropriately filled in; and ``(iv) the matter after the resolving clause of which is as follows: `That Congress disapproves the executive agreement governing access by ___ to certain electronic data as submitted by the Attorney General on ___', the blank spaces being appropriately filled in. ``(B) Joint resolution enacted.--Notwithstanding any other provision of this section, if not later than 180 days after the date on which notice is provided to Congress under paragraph (1), there is enacted into law a joint resolution disapproving of an executive agreement under this section, the executive agreement shall not enter into force. ``(C) Introduction.--During the 180-day period described in subparagraph (B), a joint resolution of disapproval may be introduced-- ``(i) in the House of Representatives, by the majority leader or the minority leader; and ``(ii) in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee). ``(5) Floor consideration in house of representatives.--If a committee of the House of Representatives to which a joint resolution of disapproval has been referred has not reported the joint resolution within 120 days after the date of referral, that committee shall be discharged from further consideration of the joint resolution. ``(6) Consideration in the senate.-- ``(A) Committee referral.--A joint resolution of disapproval introduced in the Senate shall be referred jointly-- ``(i) to the Committee on the Judiciary; and ``(ii) to the Committee on Foreign Relations. ``(B) Reporting and discharge.--If a committee to which a joint resolution of disapproval was referred has not reported the joint resolution within 120 days after the date of referral of the joint resolution, that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar. ``(C) Proceeding to consideration.--It is in order at any time after both the Committee on the Judiciary and the Committee on Foreign Relations report a joint resolution of disapproval to the Senate or have been discharged from consideration of such a joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the

joint resolution (and against consideration of the joint resolution) are waived. The motion is not debatable or subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. ``(D) Consideration in the senate.--In the Senate, consideration of the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. ``(E) Consideration of veto messages.--Debate in the Senate of any veto message with respect to a joint resolution of disapproval, including all debatable motions and appeals in connection with the joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(7) Rules relating to senate and house of representatives.-- ``(A) Treatment of senate joint resolution in house.--In the House of Representatives, the following procedures shall apply to a joint resolution of disapproval received from the Senate (unless the House has already passed a joint resolution relating to the same proposed action): ``(i) The joint resolution shall be referred to the appropriate committees. ``(ii) If a committee to which a joint resolution has been referred has not reported the joint resolution within 7 days after the date of referral, that committee shall be discharged from further consideration of the joint resolution. ``(iii) Beginning on the third legislative day after each committee to which a joint resolution has been referred reports the joint resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(iv) The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled

by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. ``(B) Treatment of house joint resolution in senate.-- ``(i) If, before the passage by the Senate of a joint resolution of disapproval, the Senate receives an identical joint resolution from the House of Representatives, the following procedures shall apply: ``(I) That joint resolution shall not be referred to a committee. ``(II) With respect to that joint resolution-- ``(aa) the procedure in the Senate shall be the same as if no joint resolution had been received from the House of Representatives; but ``(bb) the vote on passage shall be on the joint resolution from the House of Representatives. ``(ii) If, following passage of a joint resolution of disapproval in the Senate, the Senate receives an identical joint resolution from the House of Representatives, that joint resolution shall be placed on the appropriate Senate calendar. ``(iii) If a joint resolution of disapproval is received from the House, and no companion joint resolution has been introduced in the Senate, the Senate procedures under this subsection shall apply to the House joint resolution. ``(C) Application to revenue measures.--The provisions of this paragraph shall not apply in the House of Representatives to a joint resolution of disapproval that is a revenue measure. ``(8) Rules of house of representatives and senate.--This subsection is enacted by Congress-- ``(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and ``(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

``(e) Renewal of Determination.-- ``(1) In general.--The Attorney General, with the concurrence of the Secretary of State, shall review and may renew a determination under subsection (b) every 5 years. ``(2) Report.--Upon renewing a determination under subsection (b), the Attorney General shall file a report with the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives describing-- ``(A) the reasons for the renewal;

``(B) any substantive changes to the agreement or to the relevant laws or procedures of the foreign government since the original determination or, in the case of a second or subsequent renewal, since the last renewal; and ``(C) how the agreement has been implemented and what problems or controversies, if any, have arisen as a result of the agreement or its implementation. ``(3) Nonrenewal.--If a determination is not renewed under paragraph (1), the agreement shall no longer be considered to satisfy the requirements of this section.

``(f) Revisions to Agreement.--A revision to an agreement under this section shall be treated as a new agreement for purposes of this section and shall be subject to the certification requirement under subsection (b), and to the procedures under subsection (d), except that for purposes of a revision to an agreement-- ``(1) the applicable time period under paragraphs (2), (4)(A)(i), (4)(B), and (4)(C) of subsection (d) shall be 90 days after the date notice is provided under subsection (d)(1); and ``(2) the applicable time period under paragraphs (5) and (6)(B) of subsection (d) shall be 60 days after the date notice is provided under subsection (d)(1).

``(g) Publication.--Any determination or certification under subsection (b) regarding an executive agreement under this section, including any termination or renewal of such an agreement, shall be published in the Federal Register as soon as is reasonably practicable. ``(h) Minimization Procedures.--A United States authority that receives the content of a communication described in subsection (b)(4)(H) from a foreign government in accordance with an executive agreement under this section shall use procedures that, to the maximum extent possible, meet the definition of minimization procedures in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801) to appropriately protect nonpublicly available information concerning United States persons.''. (b) Table of Sections Amendment.--The table of sections for chapter 119 of title 18, United States Code, is amended by inserting after the item relating to section 2522 the following:

``2523. Executive agreements on access to data by foreign governments.''.

SEC. 106. RULE OF CONSTRUCTION.

Nothing in this division, or the amendments made by this division, shall be construed to preclude any foreign authority from obtaining assistance in a criminal investigation or prosecution pursuant to section 3512 of title 18, United States Code, section

1782 of title 28, United States Code, or as otherwise provided by law.

Approved March 23, 2018.

LEGISLATIVE HISTORY--H.R. 1625: ---------------------------------------------------------------------------

CONGRESSIONAL RECORD: Vol. 163 (2017): May 22, considered and passed House. Vol. 164 (2018): Feb. 28, considered and passed Senate, amended. Mar. 22, House concurred in Senate amendment with an amendment. Senate concurred in House amendment. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): Mar. 23, Presidential remarks. ---------------------------------------------------------------------------

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ENDNOTE: The following appendixes were added pursuant to the provisions of section 121 of Division G of this Act (132 Stat. 661).

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