Interior and Environment, Agriculture and Rural Development, Commerce, Justice, Science, Financial Services and General Government, Homeland Security, Labor, Health and Human Services, Education, State and Foreign Operations, Transportation, Housing and Urban Development, Defense, Military Construction and Veterans Affairs, Legislative Branch, and Energy and Water Development Appropriations Act, 2018 Make America Secure and Prosperous Appropriations Act, 2018 DIVISION A--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018 Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018 This division provides FY2018 appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and related agencies. The division provides annual appropriations for most of the Department of the Interior, including: the Bureau of Land Management, the U.S. Fish and Wildlife Service, the National Park Service, the U.S. Geological Survey, the Bureau of Ocean Energy Management, the Bureau of Safety and Environmental Enforcement, the Office of Surface Mining Reclamation and Enforcement, Payments in Lieu of Taxes (PILT), the Bureau of Indian Affairs, and the Bureau of Indian Education. Related agencies funded in the division include the Department of Agriculture's Forest Service, the Department of Health and Human Service's Indian Health Service (IHS), the Smithsonian Institution, the National Endowment for the Arts, and the National Endowment for the Humanities. TITLE I--DEPARTMENT OF THE INTERIOR Provides appropriations to the Bureau of Land Management (BLM) for: Management of Lands and Resources; Land Acquisition; Oregon and California Grant Lands; Range Improvements; Service Charges, Deposits, and Forfeitures; and Miscellaneous Trust Funds. Prohibits appropriations provided by this division from being used for the sale of wild horses and burros that results in their destruction for processing into commercial products, including for human consumption. Provides appropriations to the U.S. Fish and Wildlife Service (USFWS) for: Resource Management, Construction, Land Acquisition, the Cooperative Endangered Species Conservation Fund, the National Wildlife Refuge Fund, the North American Wetlands Conservation Fund, Neotropical Migratory Bird Conservation, the Multinational Species Conservation Fund, and State and Tribal Wildlife Grants. Provides appropriations to the National Park Service (NPS) for: Operation of the National Park System, National Recreation and Preservation, the Historic Preservation Fund, Construction, Land Acquisition and State Assistance, and the Centennial Challenge. Rescinds FY2018 contract authority provided by the Land and Water Conservation Fund Act of 1965. Permits the NPS to retain specified funds authorized to be disbursed under the Gulf of Mexico Energy Security Act of 2006 for the costs of administration of the Land and Water Conservation Fund grants authorized by the Act. Permits NPS funds to be transferred to the Federal Highway Administration for the Federal Lands Access Program, which was established to improve transportation facilities that provide access to, are adjacent to, or are located within federal lands. Provides appropriations to the U.S. Geological Survey for Surveys, Investigations, and Research. Provides appropriations to the Bureau of Ocean Energy Management for Ocean Energy Management. Provides appropriations to the Bureau of Safety and Environmental Enforcement for:
Provides appropriations to the Office of Surface Mining Reclamation and Enforcement for:
Provides appropriations to the Bureau of Indian Affairs (BIA) and Bureau of Indian Education (BIE) for: Operation of Indian Programs, Contract Support Costs, Construction, Indian Land and Water Claim Settlements and Miscellaneous Payments to Indians, and the Indian Guaranteed Loan Program Account. Permits the BIA to contract for services for the Power Division of the San Carlos Irrigation Project. Limits the use of funds for contracts, grants, compacts, or cooperative agreements with the BIA under the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994. Permits tribes to return appropriated funds without diminishing the federal government's trust responsibilities, the government-to-government relationship with the tribe, or the tribe's ability to access future appropriations. Prohibits the use of BIE funds, other than funds provided for assistance to public schools, for the operation of elementary or secondary schools in Alaska. Limits the number of schools and the expansion of grade levels in individual schools in the BIE school system. Specifies the distribution of indirect and administrative costs to certain tribes. Provides appropriations for Departmental Offices, including: the Office of the Secretary, Insular Affairs, the Office of the Solicitor, the Office of Inspector General, and the Office of the Special Trustee for American Indians. Provides appropriations for Department-Wide Programs, including: Wildland Fire Management, the Central Hazardous Materials Fund, the Natural Resources Damage Assessment Fund, the Working Capital Fund, the Office of Natural Resources Revenue, and the Payments in Lieu of Taxes (PILT) program.
Permits the transfer of funds within bureaus and offices for specified emergencies when all other emergency funds have been exhausted.
Provides for the department-wide expenditure or transfer of funds by Interior in the event of specified emergencies.
Permits Interior to use appropriations provided in this title for: employing temporary or intermittent experts and consultants; purchasing and replacing motor vehicles; hiring, maintenance, and operation of aircraft; hiring of passenger motor vehicles; purchasing reprints; telephone services in private residences in the field; and certain library memberships.
Permits the transfer of funds between the BIA, the BIE, and the Office of the Special Trustee for American Indians for Indian trust management and reform activities, provided that total funding for historical accounting activities does not exceed funding provided by this division for that purpose.
Permits Interior to redistribute Tribal Priority Allocation funds, including tribal base funds, to alleviate funding inequities to address identified unmet needs, dual enrollment, overlapping service areas, or inaccurate distribution methodologies. Specifies that no tribe may receive a reduction in Tribal Priority Allocation funds of more than 10% in FY2018, except in the cases of dual enrollment, overlapping service areas, or inaccurate distribution methodologies.
Authorizes the acquisition of lands and waters for the purpose of operating and maintaining facilities that support visitors to Ellis, Governors, and Liberty Islands in New Jersey and New York.
Requires Interior to collect specified Outer Continental Shelf inspection fees.
Permits Interior to transfer funds to implement the reorganization of the Bureau of Ocean Energy Management, Regulation and Enforcement, subject to reprogramming guidelines.
Permits Interior to enter into multiyear cooperative agreements and contracts with nonprofits and other entities for the long-term care and maintenance of excess wild free roaming horses and burros on private land.
Directs the USFWS, in carrying out responsibilities to protect threatened and endangered species of salmon, to implement a system of mass marking of salmonid stocks intended for harvest that are released from federally operated or financed hatcheries.
Amends the Consolidated Appropriations Act, 2012 to extend the requirement that a person exhaust administrative hearings and appeal procedures prior to bringing a civil action challenging BLM decisions concerning grazing on public lands.
Permits the BIA and the BIE in carrying out work involving cooperation with state, local, and tribal governments, to record obligations against accounts receivable from the entities, provided that total obligations at the end of the fiscal year do not exceed total budgetary resources.
Prohibits funds from being used to write or issue rules for the sage-grouse pursuant to the Endangered Species Act of 1973 (ESA).
Permits Interior to transfer excess wild horses or burros that have been removed from the public lands to other federal, state, and local agencies for use as work animals. Specifies that any animal transferred loses its status as a wild free-roaming horse or burro. Prohibits any agency receiving the animals from:
Prohibits funds provided by this division from being used to list the Trestles Historic District in San Diego County, California, on the National Register of Historic Places or to make a determination of eligibility with respect to the listing.
Requires Interior to reissue two final rules removing recovered gray wolves in Wyoming and the Great Lakes from the endangered species list. Exempts the reissuances from judicial review.
Prohibits Interior from using funds provided by this division to treat any gray wolf in any of the 48 contiguous states or the District of Columbia as an endangered species or threatened species under the ESA. TITLE II--ENVIRONMENTAL PROTECTION AGENCY Provides appropriations to the Environmental Protection Agency (EPA) for: Science and Technology, Environmental Programs and Management, the Hazardous Waste Electronic Manifest System Fund, the Office of Inspector General, Buildings and Facilities, Hazardous Substance Superfund, the Leaking Underground Storage Tank Trust Fund Program, Inland Oil Spill Programs, State and Tribal Assistance Grants, and the Water Infrastructure Finance and Innovation Program Account. Permits the EPA to award cooperative agreements to Indian tribes or intertribal consortia to carry out the agency's function to implement federal environmental programs required or authorized by law in the absence of an acceptable tribal program. Authorizes the EPA to collect and spend pesticide registration service fees. Permits the EPA to:
Authorizes the EPA to collect and use certain user fees under the Toxic Substances Control Act. Permits specified funds to be used for the construction, alteration, repair, rehabilitation, and renovation of facilities. Permits the EPA to use funds to make grants to federally recognized Indian tribes notwithstanding certain provisions of the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Rescinds specified unobligated balances from the State and Tribal Assistance Grants account. Requires specified funds for the National Estuary Program to be used for certain competitive grants. TITLE III--RELATED AGENCIES Provides appropriations to the Department of Agriculture for the Forest Service, including for: the Office of the Under Secretary for Natural Resources and Environment, Forest and Rangeland Research; State and Private Forestry; the National Forest System; Capital Improvement and Maintenance; Land Acquisition; the Range Betterment Fund; Gifts, Donations, and Bequests for Forest and Rangeland Research; Management of National Forest Lands for Subsistence Uses; and Wildland Fire Management. Permits Forest Service appropriations to be used for: the purchase and use of motor vehicles and aircraft; employment of temporary or intermittent personnel; purchase, erection, and alteration of buildings and other public improvements; acquisition of land and waters; expenses pursuant to the Volunteers in the National Forest Act of 1972; uniforms; and debt collection contracts. Permits appropriations to be transferred to the Wildland Fire Management account for forest fire fighting, emergency rehabilitation of burned-over or damaged lands or waters, and fire preparedness due to severe burning conditions, provided that USDA notifies Congress that all fire suppression funds will be obligated within 30 days. Requires funds used to be replenished by a supplemental appropriation requested as promptly as possible. Permits unobligated balances of funds provided to the Forest Service to be transferred to or within the Wildland Fire Management Account or reprogrammed to be used for hazardous fuels management and emergency rehabilitation of burned-over National Forest System lands and water, if Congress is notified in advance. Permits Forest Service appropriations to be used for forest and rangeland research, technical information, and related forestry and natural resources activities in foreign countries. Permits Forest Service appropriations to be transferred to the BLM for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for surveys to designate the boundaries of the lands. Prohibits Forest Service appropriations from being transferred using authority provided in several specified statutory provisions. Prohibits Forest Service appropriations from being reprogrammed except with prior approval of Congress and in accordance with procedures contained in the report accompanying this division. Limits transfers to the USDA Working Capital Fund and to USDA for Department Reimbursable Programs (commonly referred to as Greenbook charges). Permits specified funds to be used for projects to be carried out by the Youth Conservation Corps under the authority of the Public Lands Corps Act of 1993. Permits the Chief of the Forest Service to use specified funds for official reception and representation expenses. Provides matching funds to aid conservation projects of the National Forest Foundation and the National Fish and Wildlife Foundation. Permits funds to be used to provide technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes. Permits Forest Service appropriations to be used for payments to counties within the Columbia River Gorge National Scenic Area. Permits Forest Service appropriations to be used to meet the non-federal share requirement included in a provision of the Older Americans Act of 1965 related to the older American community service employment program. Permits specified funds to be assessed for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning. Permits specified funds to be used to reimburse the USDA Office of the General Counsel for travel and related expenses incurred as a result of assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar non-litigation related matters. Permits an individual employed under any project funded under title V of the Older Americans Act of 1965 to be considered a federal employee. Requires the Forest Service to provide quarterly reports to Congress regarding unobligated balances. Permits any unobligated balances of funds provided a previous fiscal year for the FLAME Wildfire Suppression Reserve Fund to remain available through FY2020. Requires the Forest Service to submit to the Office of Management and Budget a proposed system of administrative control of funds for its accounts. Provides appropriations to the Department of Health and Human Services (HHS) for the Indian Health Service (IHS) including: Indian Health Services, Contract Support Costs, and Indian Health Facilities. Provides appropriations to HHS for:
Provides appropriations to Other Related Agencies, including: the Executive Office of the President for the Council on Environmental Quality and Office of Environmental Quality; the Chemical Safety and Hazard Investigation Board; the Office of Navajo and Hopi Indian Relocation; the Institute of American Indian and Alaska Native Culture and Arts Development; the Smithsonian Institution; the National Gallery of Art; the John F. Kennedy Center for the Performing Arts; the Woodrow Wilson International Center for Scholars; the National Foundation on the Arts and the Humanities, including the National Endowment for the Arts (NEA) and the National Endowment for the Humanities; the Commission of Fine Arts; the Advisory Council on Historic Preservation; the National Capital Planning Commission; the United States Holocaust Memorial Museum; the Dwight D. Eisenhower Memorial Commission; the Women's Suffrage Centennial Commission; and the World War I Centennial Commission. TITLE IV--GENERAL PROVISIONS
Prohibits funds provided by this division from being used to promote public support or opposition to any legislative proposal before Congress, other than to communicate with Congress as permitted under current law.
Prohibits any appropriation contained in this division from remaining available for obligation beyond the current fiscal year unless expressly permitted in this division.
Requires specified administrative expenses to be presented in annual budget justifications and approved by Congress.
Prohibits funds from being used to accept or process applications for a patent for any mining or mill site claim located under the general mining laws, subject to exceptions. Requires Interior to report to Congress regarding actions taken by the department under the plan submitted regarding a processing schedule for certain applications for patents that were filed on or before September 30, 1994. Requires Interior, upon the request of a patent applicant, to allow a qualified third-party contractor to conduct a mineral examination of the mining claims or mill sites contained in a patent application. Specifies that the BLM is responsible for selecting and paying the third-party contractor.
Extends limits on the use of FY1994-FY2013 and FY2014 funds for contract support costs on Indian contracts.
Limits the use of FY2018 funds for contract support costs on Indian contracts.
Permits Forest Service land management plans that are more than 15 years old if USDA is acting in good faith to update the plans.
Prohibits funds provided by this division from being used to conduct preleasing, leasing, and related activities under either the Mineral Leasing Act or the Outer Continental Shelf Lands Act within the boundaries of a National Monument.
Restricts land acquisition funds provided by this division from being used for the filing of declarations of taking or complaints in condemnation without the approval of Congress. Includes an exception for funds provided to implement the Everglades National Park Protection and Expansion Act of 1989, or for Florida to acquire lands for Everglades restoration.
Sets forth requirements regarding the sale of timber from a specified region in Alaska.
Prohibits no-bid contracts and grants except under certain circumstances where a contract is authorized by federal law or was awarded prior to the date of enactment of this division.
Requires agencies receiving funds in this division to post on their public websites any report required to be submitted by Congress if it serves the national interest. Specifies that the requirement does not apply if:
Establishes grant guidelines for the NEA.
Establishes priorities for programs administered by the NEA.
Directs Interior, the EPA, the Forest Service, and the IHS to provide Congress with quarterly reports on the status of balances of appropriations.
Amends the Federal Lands Recreation Enhancement Act to extend the authority of federal agencies to establish, collect, and retain fees on federal recreational lands and waters.
Prohibits funds from being used to promulgate or implement any regulation requiring the issuance of permits under the Clean Air Act for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production.
Prohibits the use of any funds to implement any provision in a rule that requires mandatory reporting of greenhouse gas emissions from manure management systems.
Amends the Department of Defense Appropriations Act, 2000 to extend the Dwight D. Eisenhower Memorial Commission.
Prohibits funds from being used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act or any other law.
Amends the Consolidated Appropriations Act, 2012 to extend a provision that permits USDA and Interior, in awarding contracts for certain activities on public lands, to give consideration to certain local contractors who provide employment and training for dislocated and displaced workers in an economically disadvantaged rural community.
Amends the Chesapeake Bay Initiative Act of 1998 to extend the authorization for the Chesapeake Bay Initiative.
Extends the authority of the Forest Service to renew certain grazing permits.
Prohibits funds provided by this division from being used to maintain or establish a computer network unless the network blocks access to pornography websites. Includes an exception for a law enforcement agency or other entity carrying out criminal investigations, prosecution, or adjudication activities.
Amends the Forest Service Facility Realignment and Enhancement Act of 2005 to extend the authority for conveyances of certain Forest Service administrative sites.
Prohibits any funds made available by a state water pollution control revolving fund authorized by the Safe Drinking Water Act from being used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States, subject to specified exceptions and waiver procedures.
Prohibits funds provided by this division from being used to destroy any buildings or structures on Midway Island that have been recommended by the U.S Navy for inclusion in the National Register of Historic Places.
Requires the Department of Energy (DOE), the Department of Agriculture (USDA), and the EPA to jointly:
Requires the DOE, USDA, and the EPA to establish clear and simple policies for the use of forest biomass as an energy solution, including policies that: reflect the carbon-neutrality of forest bioenergy and recognize biomass as a renewable energy source, provided the use of forest biomass for energy production does not cause conversion of forests to non-forest use; encourage private investment throughout the forest biomass supply chain; encourage forest management to improve forest health; and recognize state initiatives to produce and use forest biomass.
Amends the John F. Kennedy Center Act to authorize FY2018 appropriations for the John F. Kennedy Center for the Performing Arts.
Prohibits the EPA from using funds to require a permit under the Clean Water Act for the discharge of dredged or fill material for certain agriculture activities.
Authorizes the Environmental Protection Agency and the Army Corps of Engineers to withdraw the Waters of the United States rule without regard to any provision of statute or regulation that establishes a requirement for withdrawal. (This provision applies to the final rule issued by the two agencies on June 29, 2015, and titled "Clean Water Rule: Definition of 'Waters of the United States.'" The rule revised regulations defining the scope of waters protected and regulated under the Clean Water Act.)
Specifies requirements for the implementation of national ambient air quality standards for ozone.
Prohibits funds from being used to finalize, implement, administer, or enforce the proposed rule titled "Financial Responsibility Requirements Under CERCLA section 108(b) for Classes of Facilities in the Hardrock Mining Industry" published by the EPA on January 11, 2017.
Prohibits the EPA from using funds provided by this division to issue any regulation under the Solid Waste Disposal Act that applies to an animal feeding operation, including a concentrated animal feeding operation and a large concentrated animal feeding operation.
Prohibits funds provided by this division from being used for further implementation of the coastal and marine spatial planning and ecosystem-based management components of the National Ocean Policy developed under Executive Order 13547 (Stewardship of the Ocean, Our Coasts, and the Great Lakes).
Prohibits funds from being used to prohibit the use or access to federal land for hunting, fishing, or recreational shooting except for public safety.
Requires Interior and USDA to make vacant grazing allotments available to holders of grazing permits or leases if lands covered by the permits or leases or other grazing lands used by the holder are unusable because of drought or wildfire.
Prohibits funds provided by this division from being used to conduct reviews of site assessment or construction and operation plans for any project that would entail the construction or location of wind turbines less than 24 nautical miles from the Maryland shoreline.
Specifies that, unless this division expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.
Specifies the committee report that applies for the purpose of implementing this division.
Establishes a spending reduction account for the amount by which spending proposed in this division exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)
Prohibits funds provided by this division from being used to limit outreach programs administered by the Smithsonian Institution.
Prohibits funds provided by this division for the National Park Service's National Recreation and Preservation account from being used in contravention of policies under current law for the preservation of historic sites, buildings, and objects of national significance for public use.
Prohibits funds provided by this division from being used to eliminate the Urban Wildlife Refuge Partnership.
Prohibits funds provided by this division from being used to enforce the export permission requirements under the ESA for members of the phylum Echinodermata (commonly known as sea urchins and sea cucumbers).
Prohibits funds provided by this division from being used for the proposed NPS rule titled "Special Regulations, Areas of the National Park Service, Golden Gate National Recreation Area, Dog Management."
Prohibits funds provided by this division from being used to propose to repeal provisions of the Gulf of Mexico Energy Security Act of 2006 that allocated specified offshore drilling revenues to Gulf producing states (Alabama, Louisiana, Mississippi, and Texas) and the Land and Water Conservation Fund.
Prohibits the EPA from using funds provided by this division to use specified pay authorities provided by the Public Health Service Act to hire or pay the salary of any EPA officer or employee who is not already receiving pay under one of the authorities on the date of enactment of this division. (The authorities permit certain consultants and scientists to be appointed without regard to civil service laws.)
Prohibits funds provided by this division from being used to withdraw National Forest System lands within the Rainy River Watershed on the Superior National Forest from disposition under U.S mineral and geothermal leasing laws.
Prohibits the EPA from using funds provided by this division to enforce notification requirements regarding released substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or the Emergency Planning and Community Right-To-Know Act of 1986 with respect to releases of hazardous substances from animal waste at farms.
Prohibits funds provided by this division from being used to enter into a cooperative agreement with or make any grant or loan to establish a national heritage area, national heritage corridor, national heritage canal way, national heritage tour route, national historic district, cultural heritage corridor, or other heritage partnership program within specified counties in Colorado.
Prohibits Interior from using funds provided by this division to require changes to an existing placer mining plan of operations with regard to reclamation activities, including revegetation, or to modify the bond requirements for the mining operation.
Prohibits funds provided by this division from being used to enforce the final BLM rule titled "Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Measurement of Oil."
Prohibits Interior from using funds provided by this division to implement the final rule titled "Alaska; Hunting and Trapping in National Preserves" or to develop, issue, or implement any other rule of the same substance.
Prohibits the EPA from using funds provided by this division to take specified actions in response to the development or implementation of a state's Watershed Implementation Plan for the restoration of the Chesapeake Bay.
Prohibits the EPA from using funds provided by this division to give formal notification under, or prepare, propose, implement, administer, or enforce any rule or recommendation pursuant to specified provisions of the Clean Air Act regarding air pollution emitted in the United States that may endanger public health or welfare in foreign countries.
Prohibits funds provided by this division from being used to finalize, implement, or enforce the rule submitted by BLM titled "Onshore Oil and Gas Operations; Federal and Indian Oil and Gas Leases; Site Security."
Prohibits funds provided by this division from being used to implement or enforce the threatened species or endangered species listing of any plant or wildlife that has not undergone a review at least every five years, as required by the ESA.
Prohibits funds provided by this division from being used to implement or enforce the threatened species listing of the Preble's meadow jumping mouse under the ESA.
Prohibits funds provided by this division from being used for the BLM's rule regarding Waste Prevention, Production Subject to Royalties, and Resource Conservation published on November 18, 2016. (The rule requires operators to take various actions to reduce the waste of natural gas from venting, flaring, and leaks during oil and natural gas production activities on onshore federal and Indian leases. The rule also specifies when produced gas lost through venting, flaring, or leaks is subject to royalties, and when oil and gas production used on site would be royalty-free.)
Prohibits funds provided by this division from being used to pay legal fees pursuant to a settlement in any case in which the federal government is a party and that arises under the Clean Air Act, the Clean Water Act, or the ESA.
Prohibits funds provided by this division from being used to enforce the final EPA rule titled "Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources."
Prohibits funds provided by this division from being used to prepare, propose, or promulgate any regulation that relies on analysis contained in several technical support documents related to the social cost of carbon. DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018 Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2018 This division provides FY2018 appropriations for the Department of Agriculture (USDA), except for the Forest Service, which is included in division A. It also provides appropriations for the Food and Drug Administration (FDA), the Commodity Futures Trading Commission (CFTC), and the Farm Credit Administration. The division includes both discretionary and mandatory funding. The mandatory funding levels are generally set by authorizing legislation such as the farm bill and are frequently limited in the agriculture appropriations bill. TITLE I--AGRICULTURAL PROGRAMS Provides appropriations for the following agricultural programs and services: the Office of the Secretary; Executive Operations; the Office of the Chief Information Officer; the Office of the Chief Financial Officer; the Office of the Assistant Secretary for Civil Rights; the Office of Civil Rights; Hazardous Materials Management; the Office of Inspector General; the Office of the General Counsel; the Office of Ethics; the Office of the Under Secretary for Research, Education, and Economics; the Economic Research Service; the National Agricultural Statistics Service; the Agricultural Research Service; the National Institute of Food and Agriculture; the Office of the Under Secretary for Marketing and Regulatory Programs; the Animal and Plant Health Inspection Service; the Agricultural Marketing Service; the Grain Inspection, Packers and Stockyards Administration; the Office of the Under Secretary for Food Safety; and the Food Safety and Inspection Service. TITLE II--FARM PRODUCTION AND CONSERVATION PROGRAMS Provides appropriations for: the Office of the Under Secretary for Farm Production and Conservation, the Farm Service Agency, the Risk Management Agency, the Natural Resources Conservation Service, the Federal Crop Insurance Corporation Fund, and the Commodity Credit Corporation Fund. TITLE III--RURAL DEVELOPMENT PROGRAMS Provides appropriations for Rural Development Programs including: Rural Development Salaries and Expenses, the Rural Housing Service, the Rural Business--Cooperative Service, the Rural Utilities Service, and the Rural Economic Infrastructure Account. TITLE IV--DOMESTIC FOOD PROGRAMS Provides appropriations for the Office of the Under Secretary for Food, Nutrition, and Consumer Services. Provides appropriations to the Food and Nutrition Service for: Child Nutrition Programs; the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); the Supplemental Nutrition Assistance Program (SNAP, formerly known as food stamps); the Commodity Assistance Program; and Nutrition Programs Administration. TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS Provides appropriations to the Office of the Under Secretary for Trade and Foreign Agricultural Affairs. Provides appropriations for the Foreign Agricultural Service, including: the Food for Peace Act (P.L. 480), the McGovern-Dole International Food for Education and Child Nutrition Program, and the Commodity Credit Corporation Export (loans) Credit Guarantee Program Account. TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION Provides appropriations to: the Department of Health and Human Services for the Food and Drug Administration (FDA), the Commodity Futures Trading Commission, and the Farm Credit Administration. TITLE VII--GENERAL PROVISIONS
Permits USDA to use funds provided by this division for the purchase, replacement, and hire of passenger motor vehicles.
Permits USDA to transfer unobligated balances to the Working Capital Fund for the acquisition of plant and capital equipment for financial, administrative, and information technology services. Permits the transferred funds to remain available until expended and specifies restrictions on the use of the funds.
Prohibits appropriations provided by this division from remaining available for obligation beyond the current fiscal year unless the division expressly provides otherwise.
Limits negotiated indirect costs on cooperative agreements between USDA and nonprofit institutions to 10% of the total direct cost of the agreement when the purpose of the agreement is to carry out programs of mutual interest between the two parties.
Permits appropriations for direct and guaranteed loans to remain available until expended to disburse obligations made in the current fiscal year for:
Prohibits USDA from using funds provided by this division to acquire or upgrade information technology systems without approval of the Chief Information Officer (CIO) and the Executive Information Technology Investment Review Board. Restricts the transfer of funds made available by this division to the CIO without prior approval of Congress. Prohibits funds from being used for specified information technology projects without the approval of the CIO.
Permits specified funds provided under the Federal Crop Insurance Act for the Agricultural Management Assistance Program in the current fiscal year to remain available until expended to disburse obligations made in the current fiscal year.
Makes a former Rural Utility Service borrower that has repaid or prepaid a loan under the Rural Electrification Act of 1936 or any not-for-profit utility qualified to receive a loan under the Act eligible for rural economic development and job creation assistance in the same manner as a borrower.
Permits specified unobligated balances of appropriations provided by this division for salaries and expenses of the Farm Service Agency and the Rural Development mission area to remain available through FY2019 for information technology expenses.
Prohibits funds provided by this division from being used for first-class travel by employees of agencies funded by this division.
Provides that Commodity Credit Corporation funds authorized or required to be used for specified programs included in the Agricultural Act of 2014:
Limits funds available for USDA advisory committees, panels, commissions, and task forces, except for panels used to comply with negotiated rulemaking or to evaluate competitively awarded grants.
Prohibits funds provided by this division from being used to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture (NIFA) that exceed 30% of total federal funds provided under each award. Permits funds provided by this division for grants awarded competitively by NIFA to be used to pay full allowable indirect costs for specified research and development grants awarded under the Small Business Act.
Limits funds that may be used for the following programs: the Watershed Rehabilitation Program; the Rural Energy for America Program; the Biomass Crop Assistance Program; the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program; and the Agricultural Management Assistance Program.
Limits funds for the following domestic food assistance categories: Child Nutrition Programs Entitlement Commodities, State Option Contracts, Removal of Defective Commodities, and Administration of Section 32 Commodity Purchases. Limits FY2018 funds for the Fresh Fruit and Vegetable Program that provides fruit and vegetables to students in participating elementary schools. Prohibits USDA from using funds for payments authorized by Section 32 of the Agricultural Adjustment Act of 1935 to increase purchasing power of agricultural producers or for surplus removal or price support activities authorized by the Commodity Credit Corporation Charter Act. (Section 32 is a program created to assist agricultural producers of non-price-supported commodities and is funded by a permanent appropriation of a portion of the previous year's customs receipts less certain mandatory transfers to child nutrition and other programs. This provision effectively prohibits the use of Section 32 for emergency disaster payments.) Rescinds specified unobligated balances provided for domestic food assistance programs.
Prohibits funds from being used to prepare proposals for the President's budget that assume savings from certain user fee proposals without identifying additional spending reductions that should occur if the proposals are not enacted.
Sets forth procedures, requirements, and restrictions for reprogramming and transferring funds provided by this division.
Permits USDA to assess a one-time fee for any guaranteed business and industry loan and limits the fee to 3% of the guaranteed principal portion of the loan.
Prohibits funds from being used to provide reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to anyone not employed by USDA, the Food and Drug Administration, the Commodity Futures Trading Commission, or the Farm Credit Administration.
Prohibits any executive branch agency from using funds provided by this division to produce a prepackaged news story for U.S. broadcast or distribution unless the story includes a clear notification that it was prepared or funded by the agency.
Prohibits USDA employees from being detailed or assigned from an agency funded by this division to any other USDA agency or office for more than 60 days in a fiscal year unless the individual's employing agency is reimbursed by the receiving agency for the salary and expenses of the employee.
Requires USDA to:
Directs the agencies funded by this division to submit spending plans to Congress.
Provides that funds for title II of the Food for Peace Act may only be used to assist nations if adequate monitoring and controls exist to ensure that emergency food aid is received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inappropriate purposes.
Requires USDA to establish an intermediary loan packaging program based on the FY2013 pilot program for packaging and reviewing section 502 single family direct loans. (The loan program assists low-income applicants in purchasing homes in rural areas. Funds may also be used to build, repair, or renovate a house, including providing water and sewage facilities.)
Permits USDA to increase the program level by up to 25% for certain loans and loan guarantees that do not require budget authority and have program levels established by this division. Requires congressional notification prior to implementing any increase.
Provides that certain credit card refunds or rebates transferred to the Working Capital Fund:
Prohibits funds provided by this division from being used to procure raw or processed poultry products from China for the National School Lunch Program, the Child and Adult Food Care Program, the Summer Food Service Program, or the School Breakfast Program.
Permits USDA to respond to a community with inadequate drinking water supplies due to a natural disaster by providing potable water through the Emergency Community Water Assistance Grant Program for up to 120 days beyond the time period established in the program.
Specifies the matching requirements that apply to funds appropriated for the Agriculture and Food Research Initiative.
Prohibits the Food and Nutrition Service from using funds provided by this division for any new research and evaluation projects until after a research and evaluation plan is submitted to Congress.
Sets forth the authorities that apply for USDA to provide loans for housing and buildings on adequate farms.
Prohibits funds provided by this division from being used for regulations to allow or require information intended for a prescribing health care professional, in the case of a drug or biological product, to be distributed electronically (in lieu of in paper form) until a federal law is enacted to allow or require electronic distribution.
Prohibits the FDA from acknowledging applications for an exemption for investigational use of a drug or biological product in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Provides that any submission is deemed not to have been received, and the exemption may not go into effect.
Prohibits funds from being used to carry out provisions of the final FDA rule titled "Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Food for Animals" with respect to certain requirements that apply to the production, distribution, sale, or receipt of dried spent grain by-products of the alcoholic beverage production process.
Requires the Animal and Plant Health Inspection Service (APHIS) to conduct audits in a manner that evaluates the following factors in the country or region being audited, as applicable: veterinary control and oversight, disease history and vaccination practices, livestock demographics and traceability, epidemiological separation from potential sources of infection, surveillance practices, diagnostic laboratory capabilities, and emergency preparedness and response. Requires APHIS to make reports regarding the audits publicly available.
Prohibits funds provided by this division from being used to issue or renew licenses under the Animal Welfare Act for certain dealers who sell dogs and cats for research, experiments, teaching, or testing.
Prohibits the FDA from deeming partially hydrogenated oils to be unsafe or any food containing a partially hydrogenated oil to be adulterated prior to June 18, 2018.
Permits USDA to charge a fee for lenders to access USDA loan guarantee systems in connection with participation in the loan guarantee programs of the Rural Housing Service.
Prohibits funds provided by this division from being used for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.
Rescinds specified unobligated balances from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
Prohibits funds provided for the rural water, waste water, waste disposal, and solid waste management programs authorized by the Consolidated Farm and Rural Development Act from being used for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States. Specifies exceptions and waiver procedures.
Requires USDA to permit states to grant exemptions from whole grain requirements for the National School Lunch Program and the School Breakfast Program that took effect on or after July 1, 2014. Requires states to establish a process for responding to exemption requests, provided that school food authorities demonstrate hardship in procuring whole grain products compliant with new standards and comply with whole grain standards in effect prior to July 1, 2014. Prohibits funds from being used to implement regulations requiring a specified reduction in sodium in federally reimbursed meals, foods, and snacks sold in schools. Requires USDA to allow states to grant special exemptions for the service of flavored, low-fat fluid milk in the School Lunch Program and the School Breakfast Program and as a competitive food available on campus during the school day, to schools which demonstrate a reduction in student milk consumption or an increase in school milk waste.
Requires at least 10% of the funds provided by this division for specified Rural Development programs to be allocated for assistance in persistent poverty counties. Defines a "persistent poverty county" as county that has had at least 20% of its population living in poverty over the past 30 years, as measured by the decennial censuses.
Prohibits USDA from including incarcerated prison populations to determine eligibility or the level of program assistance for Rural Development programs.
Prohibits funds provided by this division from being used to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate with Congress as permitted under current law.
Prohibits funds provided by this division from be used for the variety requirements of the final USDA rule titled "Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)" until USDA amends the definition of "variety" to increase the number of items that qualify as acceptable varieties in each staple food category so that the total number of such items in each staple food category exceeds the number of such items in each staple food category included in the final rule. Specifies that, until the amendments are promulgated, USDA must apply the requirements regarding acceptable varieties and breadth of stock to SNAP retailers that were in effect on the day before the enactment of the Agricultural Act of 2014.
Prohibits the FDA from using funds provided by this division to develop, issue, promote, or advance any regulations applicable to food manufacturers for population-wide sodium reduction actions or to develop, issue, promote or advance final guidance applicable to food manufacturers for long term population-wide sodium reduction actions until the dietary reference intake report with respect to sodium is completed.
Permits USDA to receive access to certain information from federal tax returns to verify the income for individuals participating in loan programs under the Housing Act of 1949.
Rescinds specified unobligated balances of funds provided to carry out the Rural Energy Savings Program.
Prohibits funds from being used to lower the de minimis quantity of swap dealing established under the Commodity Exchange Act below $8 billion.
Prohibits the FDA from using funds provided by this division to implement, administer, or enforce, the final "deeming rule" for tobacco products with respect to traditional large and premium cigars. (The rule deems e-cigarettes, cigars, pipe tobacco, hookah tobacco, and other products, to meet the statutory definition of "tobacco product" and to, therefore, be subject to FDA's regulatory authority. Manufacturers of newly deemed tobacco products that are currently being marketed in the United States must file an application for premarket review with FDA.)
Prohibits the FDA from using funds to require manufacturers of e-cigarettes and other newly deemed tobacco products on the market prior to the effective date of the deeming rule from filing an application for premarket review with the FDA. Requires the FDA to issue specified regulations regarding vapor products, including characterizing flavors and batteries. Specifies requirements for advertising, selling, and labeling of vapor products.
Prohibits USDA from using funds to finalize the proposed rule titled "Eligibility of the People's Republic of China (PRC) to Export to the United States Poultry Products from Birds Slaughtered in the PRC" unless USDA meets specified requirements, including ensuring that the poultry slaughter inspection system for the PRC is equivalent to that of the United States.
Provides specified funds to the FDA to carry out provisions of the 21st Century Cures Act regarding FDA Innovation Projects.
Provides additional funds to APHIS to remain available through FY2019 for one-time control and management and associated activities directly related to the multiple-agency response to citrus greening.
Provides additional funds to USDA for loans and grants that are consistent with the Healthy Food Financing Initiative and that support projects to provide access to healthy food in underserved areas, create and preserve quality jobs, and revitalize low-income communities.
Enacts section 202 (consideration by the Commodity Futures Trading Commission of the costs and benefits of its regulations and orders) and section 320 (treatment of transactions between affiliates) of H.B. 238 (Commodity End-User Relief Act), as passed by the House of Representatives on January 12, 2017, with a specified technical correction.
Specifies that, unless this division expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.
Specifies the committee report that applies for the purpose of implementing this division.
Establishes a spending reduction account for the amount by which spending proposed in this division exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)
Provides additional funding to the National Institute of Food and Agriculture to award teaching, research, and extension capacity building grants at certain colleges and universities. Reduces the funding provide by this division for the Office of the Chief Information Officer.
Prohibits funds provided by this division from being used in contravention of provisions of the Richard B. Russell National School Lunch Act and USDA regulations that prohibit schools from physically segregating, overtly identifying, or discriminating against children eligible to receive a free lunch, a reduced price lunch, or free milk under the National School Lunch Program, the School Breakfast Program, or the Special Milk Program.
Prohibits funds provided by this division from being used to revoke an exception made:
(The rule established criteria to allow more than one designated official agency to inspect or weigh grain within a single geographic area.)
Prohibits funds provided by this division from being used to carry out provisions of the Richard B. Russell National School Lunch Act that require school food authorities to use a specified formula (known as Paid Lunch Equity requirements) to establish a price for paid lunches served to students who are not certified to receive free or reduced price meals.
Prohibits funds provided by this division from being used for a new hire who has not been verified through the E-Verify program, except for an employee compensated under a local compensation plan established under the Foreign Service Act of 1980. DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018 Commerce, Justice, Science, and Related Agencies Appropriations Act, 2018 This division provides FY2018 appropriations to the Department of Commerce, the Department of Justice (DOJ), science agencies, and several related agencies. The division funds agencies with a wide range of responsibilities for issues such as: addressing violent crime, drug trafficking, financial fraud, terrorism, espionage, and cybercrime; conducting the census; forecasting the weather; managing fisheries; exploring space; advancing science; providing legal services for the poor; enforcing employment discrimination laws; and overseeing patents, trademarks, and trade policy. TITLE I--DEPARTMENT OF COMMERCE Provides appropriations to the Department of Commerce for: the International Trade Administration, the Bureau of Industry and Security, the Economic Development Administration, the Minority Business Development Agency, the Bureau of Economic Analysis, the Bureau of the Census, the National Telecommunications and Information Administration, and the U.S. Patent and Trademark Office. Provides appropriations to the National Institute of Standards and Technology (NIST) for: Scientific and Technical Research and Services, Industrial Technology Services, and Construction of Research Facilities. Provides appropriations to the National Oceanic and Atmospheric Administration (NOAA) for: Operations, Research, and Facilities; Procurement, Acquisition, and Construction; Pacific Coastal Salmon Recovery; the Fishermen's Contingency Fund; Fisheries Disaster Assistance; and the Fisheries Finance Program Account. Provides appropriations for Departmental Management, including: Salaries and Expenses, Renovation and Modernization, and the Office of Inspector General.
Permits funds provided by this division to be used for advanced payments (prior to the receipt of goods, services, or other assets) that are not otherwise authorized only if designated Commerce officials certify that the payments are in the public interest.
Permits funds provided by this division to be used for hiring passenger motor vehicles, employment of temporary or intermittent experts and consultants, and the purchase of uniforms.
Permits the transfer of funds between Commerce accounts, subject to specified limitations and requirements. Requires Commerce to notify Congress prior to the acquisition or disposal of any capital asset not provided for in an Act providing appropriations to Commerce.
Extends requirements for NOAA to make and report to Congress on determinations regarding the identification and management of technical, cost, and schedule risk; the reliance on demonstrated technologies; and compliance with relevant policies, prior to entering into a contract for a major program with a life cycle cost of more than $250 million. Specifies the life cycle costs for the Joint Polar Satellite System and the Geostationary Operational Environmental Satellite R-Series Program.
Permits Commerce to:
Specifies that grant recipients may continue to deter child pornography, copyright infringement, or any other unlawful activity over their networks.
Permits NOAA to use, with consent and reimbursement, resources of other federal, state, local, and international entities to carry out the responsibilities of any statute administered by NOAA.
Prohibits the National Technical Information Service from charging for copies of reports or documents generated by the legislative branch unless the service has provided information on how a copy may be obtained for free online. Requires any charge to be limited to the service's cost.
Permits NOAA to work with federal and non-federal agencies and governments by entering into agreements; using land, services, equipment, personnel, and facilities provided by the entities; or receiving and expending funds made available on a consensual basis. TITLE II--DEPARTMENT OF JUSTICE Department of Justice Appropriations Act, 2018 Provides FY2018 appropriations to the Department of Justice (DOJ). Provides appropriations to DOJ for General Administration, including: Salaries and Expenses, Justice Information Sharing Technology, the Executive Office for Immigration Review, and the Office of Inspector General. Provides appropriations to the U.S. Parole Commission. Provides appropriations for Legal Activities, including: General Legal Activities, the Antitrust Division, the U.S. Attorneys, the U.S. Trustee System Fund, the Foreign Claims Settlement Commission, Fees and Expenses of Witnesses, the Community Relations Service, and the Assets Forfeiture Fund. Provides appropriations to the U.S. Marshals Service for: Salaries and Expenses, Construction, and Federal Prisoner Detention. Provides appropriations to DOJ for: the National Security Division; Interagency Law Enforcement; the Federal Bureau of Investigation (FBI); the Drug Enforcement Administration (DEA); the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and the Federal Prison System. Provides appropriations to the Office On Violence Against Women for Violence Against Women Prevention and Prosecution Programs. Provides appropriations to the Office of Justice Programs for: Research, Evaluation, and Statistics; State and Local Law Enforcement Assistance; Juvenile Justice Programs; and Public Safety Officer Benefits. Provides appropriations for Community Oriented Policing Services (COPS) programs.
Provides additional funds to the Attorney General for official reception and representation expenses.
Prohibits funds provided by this title from being used to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest.
Prohibits funds provided by this title from being used to require any person to perform or facilitate the performance of an abortion.
Specifies that:
Sets forth requirements and procedures for transferring and reprogramming DOJ funds provided by this division.
Prohibits the FBI or the U.S. Marshals Service from using funds provided by this title to transport prisoners classified as maximum or high security, other than to a facility certified by the Bureau of Prisons as appropriately secure.
Prohibits federal prisons from using funds provided by this division to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. Includes exceptions for inmate training, religious, or educational programs.
Prohibits funds provided by this title from being used for a new or enhanced information technology program with estimated development costs exceeding $100 million unless the Deputy Attorney General and the Department Investment Review Board certify to Congress that the program:
Requires DOJ to follow reprogramming procedures for: